Read the full judgment text of CACC 000041/1989 on BabelCite. This Court of Appeal judgment was delivered on 19 May 1989 before Silke VP, Kempster JA, Penlington JA.
Criminal law – dangerous drugs – trafficking – heroin – possession with intent to traffic – appeal against conviction – credibility of accused – appellate restraint – appeal against sentence – sentencing guidelines – Hong Kong – applicant convicted in the District Court of possessing nearly 663 grammes of a mixture containing heroin for the purpose of unlawful trafficking at premises in Causeway Bay where he lived with his parents – applicant a drug addict – Crown evidence largely undisputed – applicant alleged drugs acquired cheaply from one Ho Chai who was being pursued by the narcotics bureau and that he was stocking up for personal use – whether trial judge's adverse credibility finding should be disturbed on appeal – Court of Appeal will not retry cases on paper in order to fault credibility conclusions of a judge who has seen and heard the witnesses – whether 7 years' imprisonment was manifestly excessive – sentence well within established Court of Appeal guidelines for the quantity involved – leave to appeal against conviction and sentence refused – applications dismissed – three months between filing of application and judgment not to count towards sentence.
Legal issues: Whether trial judge's adverse credibility finding against applicant should be disturbed on appeal · Whether 7 years' imprisonment for trafficking approximately 663 grammes of heroin mixture was manifestly excessive
Outcome: Both applications for leave to appeal against conviction and against sentence dismissed; conviction and 7-year sentence upheld.