NGUYEN QUANG HUNG v. R.

IN THE COURT OF APPEAL

1993, No. 672
(Criminal)

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J U D G M E N T

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Litton, J.A., giving the judgment of the court:

1. This applicant, Nguyen Quang Hung was convicted on 1 December 1993 in the District Court on one charge of trafficking in dangerous drugs. The facts were straight-forward. He was seen entering a construction site on 24 February 1993 accompanied by his ten year old son. Upon being searched, there were found on him two plastic bags with suspected dangerous drugs in straws, and concealed in the underpants of his son were three similar bags. These were found eventually to contain a total of 36.01 grams of a mixture containing 17.06 grams of salts of esters of morphine.

2. When his residence was searched, there were also found various paraphernalia associated with trafficking in dangerous drugs. It is not surprising in these circumstances that the applicant pleaded guilty to the offence as charged. The District Judge sentenced him to imprisonment for five years, a term well within the normal tariff for this type of offence.

3. In his application this morning, he relies on the fact that he pleaded guilty and also upon the fact that he has been granted refugee status in France and that his wife and two young children have already taken up residence in France. In our judgment, these are not grounds of appeal at all. There are no merit whatever in this application and the application is dismissed.