R v Ton No. Sccrm-98-165 Judgment No. S6835

[1998] SASC 6835

R  v  TON
[1998] SASC 6835

Court of Criminal Appeal:  Doyle CJ, Prior and Olsson JJ

DOYLE CJ

1. This is an application for leave to appeal against conviction.

2. The applicant was convicted of possessing heroin for sale.  He was convicted on the verdict of a judge of the District Court, after a trial before that judge sitting without a jury.

3. The applicant sought leave to appeal against the conviction, on the grounds that the conviction was unsafe, unsatisfactory and against the weight of evidence.

4. Leave to appeal against conviction was refused by Nyland J.  On the hearing of the application for leave, no arguments were advanced in support of the application.  At the same time, Nyland J granted leave to appeal against sentence.

5. By application dated 18 August 1998, the applicant applied to have determined by the Full Court his application for leave to appeal against conviction.  The application was considered by the Full Court in private pursuant to Rule 15(7) of the Criminal Appeal Rules 1996.  The Court for that purposes comprised myself, Prior J and Olsson J.

6. We are unanimously of the opinion that leave to appeal should be refused.  A reading of the reasons for verdict, given by the judge of the District Court, discloses that there is no reasonable prospect of the ground of appeal succeeding.

7. Accordingly, the order of the Court is that leave to appeal be refused.