HKSAR v. WENDY KURNIA NASROEDDIN

CACC 94/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 94 OF 2003

(ON APPEAL FROM HCCC 323 OF 2002)

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J U D G M E N T

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Hon Ma JA (giving the judgment of the Court):

1. On 24 February 2003, the Applicant (aged 40) was convicted on his plea of guilty by Deputy High Court Judge Pang of two counts of trafficking in dangerous drugs, being 1.97 kilogrammes of the drug known as 'ice'. The two counts related to, first, his bringing the drugs into Hong Kong at the Lowu border crossing and secondly, as he was about to board a plane to Jakarta. He was found with the drugs in packets wrapped around his abdomen and calves.

2. On the same day, he was sentenced to 24 years for each offence, reduced to 16 years on account of the plea and both sentences were to be served concurrently.

3. By a Notice of Application dated 11 March 2003, the Applicant seeks leave to appeal against sentence. The grounds of appeal are stated in that Notice essentially to be that the Applicant is now very remorseful and he is worried for his family's welfare in Indonesia. He needs to support his wife and child as well as a sickly mother-in-law. The crimes were committed out of desperation. This morning he has asked for leniency.

4. We understand the circumstances of the crime, the concerns he has for his family and the fact that he says he is now remorseful, but it has to be borne in mind that these are extremely serious offences. Despite what the Applicant has said, we do not regard the starting point of the sentences imposed by the learned judge as being either manifestly excessive or wrong in principle.

5. We therefore dismiss the application for leave to appeal against sentence.