The Queen v. Ng Shing Kin (D3)

CACC000381/1985

IN THE COURT OF APPEAL

BETWEEN

__________

Coram: McMullin, V.-P., Yang & Silke, JJ.A.

Date of Hearing: 20th November, 1985

Date of Judgment: 20th November, 1985

___________

JUDGMENT

___________

Silke, J.A.:

1. The Applicant, NG Shing-kin, was convicted after trial before Judge Moylan of possession of dangerous drugs. He had originally been charged, with three others, on a count of possession of dangerous drugs for the purpose of unlawful trafficking. The quantities concerned were 6.96 grammes of a mixture containing 1.28 grammes of salts of esters of morphine. He now seeks leave to appeal that conviction.

2. In short and unsatisfactory Reasons for Verdict the Trial Judge stated that: on the whole of the evidence including the statement of the Applicant, he found established on the balance of probability, although the Applicant himself gave no evidence, that the possession was for the purpose of self-consumption.

3. The Applicant had made a statement upon arrest stating that the keys of the premises containing the drugs found upon him had been made by him for the purpose of borrowing that room for consuming "white powder" and that occasionally he and others went there to consume "white powder".

4. The Reasons are not, as they should be, the Reasons for Verdict of the whole case. We are, therefore, unaware from them as to the plight of the other persons jointly charged with the Applicant or indeed of the result of the trial, if there were one, on another count in the Charge Sheet involving the Applicant. But on the face of the statement he made and which was produced in evidence there could have been no conclusion other than a verdict of guilty. We, therefore, do not find that we can in any way interfere with the conviction. The application is refused.

Representation:

Applicant in person.

A. Bruce, Esq. for Crown/Respondent.