IN THE COURT OF APPEAL OF NEW ZEALAND
CA329/06
[2007] NZCA 280THE QUEEN
v
ALEX KWONG WONG
Hearing:12 June 2007
Court:Ellen France, Ronald Young and Keane JJ
Counsel:J Haigh QC and B H McCarthy for Appellant
M F Laracy for Crown
Judgment:6 July 2007 at 10 am
JUDGMENT OF THE COURT
The appeal is dismissed.
REASONS OF THE COURT
(Given by Ellen France J)
Introduction
[1] The appellant was convicted after trial of the following charges:
(a)Importing a class A controlled drug, methamphetamine, on two occasions (8 May and 8 July 2004);
(b)Supplying a class A controlled drug, methamphetamine (8 May 2004);
(c)Possession of a class A controlled drug, methamphetamine, for supply (8 July 2004); and
(d)Money laundering.
[2] The appellant was acquitted of two further charges of importing and supplying methamphetamine in April 2004. His co-accused were acquitted on all charges. In terms of the money laundering charge, the appellant was charged together with his father, De Shan Huang (Mr Huang Snr), but because of difficulties with representation, Mr Huang Snr was tried separately. He was subsequently acquitted at trial.
[3] The appellant was sentenced to a term of 17 years imprisonment with a minimum period of imprisonment of eight years.
[4] The appellant appeals against his convictions.
Factual background
[5] In July 2004, a shipment of five cartons of lava lamps from China arrived at Auckland International Airport. The cartons were addressed to a property on the North Shore. The name of the contact person on the way-bill was shown as Chi Wai Fung, one of the appellant’s co-accused. The cartons were intercepted by Customs. One carton was delivered and was accepted for delivery by another of the appellant’s co-accused, Sheng Song, at his home. After that carton had been sent on its way, Customs officers examined the remaining four cartons in more detail. They found a substance suspended in the liquid in the lava lamps. It was subsequently confirmed that methamphetamine was dissolved in the liquid in the lava lamps. (The estimated yield from the liquid was approximately 8.9 kilograms of methamphetamine hydrochloride.)
[6] A controlled delivery of the remaining four cartons was then effected. Delivery of the four boxes was again accepted by Sheng Song.
[7] After further investigation it was discovered that two earlier shipments of lava lamps had been made in April and May 2004. Those shipments had been delivered to an address in Northcote, Auckland. Mr Song agreed he had accepted and signed for the delivery of those packages.
[8] The Crown case at trial was that all three shipments were part of an ongoing importation operation in relation to which the appellant was the senior member and the other co-accused, Chi Wai Fung and Harry Yu (in respect of the 8 July importation) were the “middlemen”.
[9] The money laundering count alleged that between 23 April 2004 and 8 July 2004, together with Mr Huang Snr, the appellant laundered $150,000 in cash, which was the proceeds of a serious offence knowing…
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- AGLC
- The Queen v Wong [2007] NZCA 280
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- [2007] NZCA 280
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