Lee Lye Hoe v PP: Trafficking of Opium & Rebuttal of Statutory Presumption
In Lee Lye Hoe v Public Prosecutor, the Court of Appeal of Singapore heard an appeal against the conviction of Lee Lye Hoe for drug trafficking under the Misuse of Drugs Act. Lee was found in possession of opium exceeding the statutory minimum, triggering a presumption of trafficking. The court dismissed the appeal, holding that Lee failed to rebut the presumption that she possessed the opium for the purpose of trafficking.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lee Lye Hoe was convicted of drug trafficking. The Court of Appeal upheld the conviction, finding she failed to rebut the presumption of trafficking.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment upheld | Won | Jaswant Singh of Deputy Public Prosecutor |
| Lee Lye Hoe | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
| L P Thean | Judge of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jaswant Singh | Deputy Public Prosecutor |
| Zero Nalpon | Nalpon & Partners |
| Surian Sidambaram | Surian & Partners |
4. Facts
- Lee Lye Hoe received a blue travel bag and a red plastic bag from Lim Beng Soon.
- The bags contained eight slabs of opium wrapped in masking tape.
- Lee Lye Hoe wrapped each slab of opium in newspapers and placed them in plastic bags.
- The opium was found under Lee Lye Hoe's bed by CNB officers.
- Lee Lye Hoe admitted to bringing the bags into her flat.
- Lee Lye Hoe's ex-husband was an opium addict.
- Henry Tan had previously asked Lee Lye Hoe to keep things for him.
5. Formal Citations
- Lee Lye Hoe v Public Prosecutor, CA 5/2000, [2000] SGCA 55
6. Timeline
| Date | Event |
|---|---|
| Lee Lye Hoe received bags containing opium. | |
| Central Narcotics Bureau officers raided Lee Lye Hoe's flat. | |
| Lee Lye Hoe was arrested. | |
| Appeal heard. | |
| Appeal dismissed. |
7. Legal Issues
- Possession of Drugs for Trafficking
- Outcome: The court found that the appellant was in possession of the opium and failed to rebut the presumption that she possessed it for the purpose of trafficking.
- Category: Substantive
- Related Cases:
- [1994] 1 SLR 676
- [1995] 1 SLR 417
- [1996] 1 SLR 253
- [1997] 3 SLR 523
- [1999] 1 SLR 782
- [1999] 2 SLR 181
- Rebuttal of Statutory Presumption
- Outcome: The court held that the appellant's actions after discovering the opium supported the presumption of trafficking and did not rebut it.
- Category: Substantive
- Related Cases:
- [1994] 1 SLR 246
8. Remedies Sought
- Appeal against conviction
- Appeal against mandatory death penalty
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Low Kok Wai v PP | Court of Appeal | Yes | [1994] 1 SLR 676 | Singapore | Cited to establish that the prosecution must prove actual possession of drugs to make out a charge of drug trafficking. |
| PP v Wan Yue Kong and ors | High Court | Yes | [1995] 1 SLR 417 | Singapore | Cited to establish that the prosecution must prove actual possession of drugs to make out a charge of drug trafficking. |
| Lim Lye Huat Benny v PP | High Court | Yes | [1996] 1 SLR 253 | Singapore | Cited to establish that the prosecution must prove actual possession of drugs to make out a charge of drug trafficking. |
| Fun Seong Cheng v PP | Court of Appeal | Yes | [1997] 3 SLR 523 | Singapore | Cited to define the elements of possession, requiring both physical control and mens rea. |
| Su Chee Kiong v PP | High Court | Yes | [1999] 1 SLR 782 | Singapore | Cited to establish that the prosecution must prove that the accused knew that what she had under her physical control was opium. |
| Gulam bin Notam Mohd Shariff Jamalddin and anor v PP | High Court | Yes | [1999] 2 SLR 181 | Singapore | Cited to confirm that the passages from Fun Seong Cheng's case are still good law and applied them accordingly. |
| Van Damme Johannes v PP | Court of Appeal | Yes | [1994] 1 SLR 246 | Singapore | Cited to explain that once the presumption is brought into play, the onus then falls on the accused to discharge the presumption. |
| Warner v Metropolitan Police Commissioner | House of Lords | Yes | [1969] 2 AC 256 | United Kingdom | Cited to define 'possession' for the purpose of drug laws, requiring knowledge of the existence of the thing itself. |
| Tan Ah Tee v PP | Court of Appeal | Yes | [1980] 1 MLJ 49 | Malaysia | Cited with approval of Lord Pearce's dicta in Warner v Metropolitan Police Commissioner. |
| Lee Yuan Kwang & Ors v PP | High Court | Yes | [1995] 2 SLR 349 | Singapore | Cited to clarify that a person commits the offence of trafficking if he had in his possession that drug for the purpose of trafficking. |
| Loh Kim Cheng v PP | High Court | Yes | [1998] 2 SLR 315 | Singapore | Cited to support the principle that a mere bailee or custodian of drugs may be said to have had possession of the drugs for the purpose of trafficking. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Chapter 185, Section 5(1)(a) read with Section 5(2) and punishable under Section 33 | Singapore |
| Misuse of Drugs Act (Cap 185), Section 17 | Singapore |
| Criminal Procedure Code (Cap 68), s 122(6) | Singapore |
| Evidence Act (Cap 97), s 116(g) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Opium
- Trafficking
- Possession
- Statutory presumption
- Rebuttal
- Misuse of Drugs Act
- CNB
- Mens rea
15.2 Keywords
- drug trafficking
- opium
- possession
- Singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Criminal Procedure | 40 |
| Evidence | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking