HKSAR v. Gunawan Riady Lie

CACC000095/2003

CACC 95/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 95 OF 2003

(ON APPEAL FROM HCCC 321 OF 2002)

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Coram: Hon Ma JA and Gall J in Court

Date of Hearing: 25 June 2003

Date of Judgment: 25 June 2003

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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 (then aged 59), pleaded guilty before Deputy High Court Judge Pang to two counts of trafficking in dangerous drugs. The drugs comprised 1.85 kilogrammes of 'ice'. The two counts related to the bringing of the drugs into Hong Kong at the Lowu border and to the time as he was about to board a plane at Chek Lap Kok to Jakarta. These offences were committed on 6 and 7 June 2002. The drugs were found in his jacket and also wrapped around his waist and calves.

2.He was sentenced to 24 years for each offence, reduced to 16 for the guilty plea, both to be served concurrently.

3.By a Notice of Appeal dated 12 March 2003, he seeks leave to appeal against his sentence. As set out in that Notice, his grounds of appeal are that he is now 60 years old, suffering from diabetes and he has a family back in Indonesia which is dependent on him. This morning, he has not added to these points but he has told us essentially that he was merely a pawn in the drug syndicate that sent him to collect the drugs in question.

4.These are not sufficient matters in the circumstances of the present case for the sentence to be reduced. The sentences imposed by the learned judge were not manifestly excessive or wrong in principle.

5.The application for leave to appeal against sentence is therefore dismissed.

Representation:

Ms Virginia Lau, SGC, of the Department of Justice, for the Respondent.

Applicant in person.