R. v. Wong Wai Lun

CACC000512/1996

IN THE COURT OF APPEAL

1996, No. 512

(Criminal)

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Coram: Hon Nazareth V.-P., Mortimer and Mayo JJ.A. in Court

Date of hearing: 7 March 1997

Date of judgment: 7 March 1997

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J U D G M E N T

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Nazareth V-P (giving the judgment of the Court):

1. On 2nd September 1996, the applicant was convicted by Deputy Judge Jackson sitting with a jury in the High Court on two counts of trafficking in dangerous drugs. The 1st count related to 95 grammes of a mixture containing 8.64 grammes of heroin hydrochloride which he was carrying on his person; and the 2nd count related to 1,436.59 grammes of crystalline solid containing 1,398.92 grammes of methamphetamine hydrochloride, commonly known as "ice". Also specified in the 2nd count were quantities of heroin, cannabis and tablets of midazolam maleate.

2. The facts are of a familiar sort. The police kept watch on a flat. When the applicant came out he was stopped by the police. In a bag he was carrying was found the smaller quantity drugs for which he was sentenced to 4 years. The police then searched his room. They found the larger quantity of drugs specified in the 2nd count.

3. In his written application for leave to appeal against sentence, all the applicant says is that the sentence is too heavy and his parents are old and need his care.

4. The sentence is not too heavy. "Ice" is one of the worst types of hard drugs. He had a huge quantity of "ice". The judge was perfectly entitled to award the sentence of 24 years which was entirely in accordance with the guidelines and, of course, he made the 4 years on the other charge concurrent. It is well established that the care the parents may need is not a good ground for reducing sentences. If one is concerned about one's parents, one should avoid in the first place getting involved in this sort of offence which inflicts great misery on the parents of those who get addicted to such drugs.

5. Plainly, there is not the slightest merit in the grounds of appeal. We dismiss his application.

Representation:

Applicant in person

Mr A.A. Bruce QC and Mr Edmond Lee (Crown Prosecutor) for Crown/Respondent