Tan Boon San v PP: Drug Trafficking - Knowledge of Diamorphine Importation
In Tan Boon San v Public Prosecutor, the Court of Appeal of Singapore heard an appeal against Tan Boon San's conviction for importing diamorphine. Tan Boon San claimed he did not know the substance was diamorphine. The Court of Appeal, comprising Chao Hick Tin JA, L P Thean JA, and Yong Pung How CJ, affirmed the trial judge's decision, finding that Tan Boon San failed to rebut the statutory presumption of knowledge. The court upheld the conviction and sentence.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Conviction and sentence affirmed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Tan Boon San was convicted of importing diamorphine. The Court of Appeal affirmed the conviction, finding he failed to rebut the presumption of knowledge.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Conviction Affirmed | Won | David Khoo of Public Prosecutor |
| Tan Boon San | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | No |
| L P Thean | Judge of Appeal | No |
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Khoo | Public Prosecutor |
| Nai Thiam Siew Patrick | Abraham Low & Partners |
| James Masih | James Masih & Co |
4. Facts
- The appellant drove a Malaysian-registered car into Singapore at Woodlands Checkpoint.
- Customs officers found six packets of yellowish granular substance in the spare tyre compartment of the car.
- The substance was later found to contain 139.27 grams of diamorphine.
- The appellant claimed he did not know the substance was diamorphine and thought it was Chinese medicine.
- The appellant had 16 sachets of the same substance hidden in his socks.
- The appellant stated that someone named 'Ang Moh' asked him to bring the packets into Singapore for money.
- The appellant cut his wrists while in remand, citing frustration over facing the death sentence.
5. Formal Citations
- Tan Boon San v Public Prosecutor, CA 8/2000, [2000] SGCA 41
6. Timeline
| Date | Event |
|---|---|
| Appellant imported drugs into Singapore | |
| Appellant made oral statement to police | |
| Appellant gave statement under s 122(6) of the Criminal Procedure Code | |
| Appellant gave statement under s 121(1) of the Criminal Procedure Code | |
| Judgment issued |
7. Legal Issues
- Knowledge of Drug Trafficking
- Outcome: The court held that the appellant failed to rebut the statutory presumption of knowledge.
- Category: Substantive
- Sub-Issues:
- Rebuttal of statutory presumption of knowledge
- Related Cases:
- [1993] 1 SLR 55
8. Remedies Sought
- Appeal against conviction
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Appeals
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kwok Chun & Anor v PP | Court of Appeal | Yes | [1993] 1 SLR 55 | Singapore | Cited for the principle that to be guilty of drug trafficking, it must be shown the accused knew or intended to bring the drugs into the country. |
| PP v HL Win | High Court | No | [1995] 2 SLR 424 | Singapore | Cited as a case where the accused's claim of ignorance was accepted, but distinguished on its facts. |
| PP v Khampali Suchart | Unknown | No | Cr Appeal 8/96 | Singapore | Cited as a case where the accused's claim of ignorance was accepted, but distinguished on its facts. |
| Wong Soon Lee v PP | Court of Appeal | Yes | Cr Appeal No 7/1999 | Singapore | Cited for the observation of 'turning a blind eye' in drug offences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Chapter 185, section 7 | Singapore |
| Misuse of Drugs Act, Chapter 185, section 33 | Singapore |
| Misuse of Drugs Act, section 18(2) | Singapore |
| Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug trafficking
- Presumption of knowledge
- Ang Moh
- Woodlands Checkpoint
- Chinese medicine
15.2 Keywords
- Drug trafficking
- Diamorphine
- Singapore
- Criminal law
- Appeal
- Knowledge
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Evidence | 40 |
16. Subjects
- Criminal Law
- Drug Trafficking