Chin Siong Kian v PP: Drug Trafficking, Common Intention, and Amendment of Charges
In Chin Siong Kian v Public Prosecutor, the Court of Appeal of Singapore heard an appeal by Chin Siong Kian against his conviction and death sentence for drug trafficking. The High Court had convicted Chin Siong Kian and Wan Yue Kong under a joint charge of drug trafficking, after amending the charge at the close of the prosecution's case. The Court of Appeal dismissed Chin Siong Kian's appeal, finding that the prosecution had established a prima facie case of common intention to traffic drugs and that the trial judge did not err in allowing the amendment of the charge.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Chin Siong Kian was convicted of drug trafficking under a joint charge. The Court of Appeal upheld the conviction, addressing issues of common intention and charge amendment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chin Siong Kian | Appellant | Individual | Appeal Dismissed | Lost | Ho Meng Hee, Eugene Lee |
| Public Prosecutor | Respondent | Government Agency | Conviction and Sentence Upheld | Won | Low Cheong Yeow |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| Tan Lee Meng | Judge | No |
| L P Thean | Justice of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ho Meng Hee | Ho Meng Hee & Co |
| Eugene Lee | Chris Chong & CT Ho Partnership |
| Low Cheong Yeow | Deputy Public Prosecutor |
4. Facts
- Appellant was charged with trafficking diamorphine by giving it to Wan Yue Kong.
- The High Court amended the charge to a joint charge against the appellant and Wan.
- CNB officers were surveilling Wan at Block 403, Clementi Avenue 1.
- Appellant arrived in a Malaysian-registered car and took out a red plastic bag.
- Wan received a phone call and went to the ground floor lift landing of Block 106.
- Appellant passed a red plastic bag to Wan at the lift landing.
- The red plastic bag contained not less than 122.9 grams of diamorphine.
5. Formal Citations
- Chin Siong Kian v Public Prosecutor, Cr App 21/1999, [2000] SGCA 8
6. Timeline
| Date | Event |
|---|---|
| Appellant gave packets of diamorphine to Wan Yue Kong. | |
| Appellant and Wan Yue Kong convicted and sentenced to death. | |
| Appeal dismissed. |
7. Legal Issues
- Complicity in Drug Trafficking
- Outcome: The court found that the appellant acted in concert with Wan Yue Kong with the common intention to traffic drugs.
- Category: Substantive
- Sub-Issues:
- Common intention
- Joint trafficking
- Amendment of Charge
- Outcome: The court held that the trial judge did not err in allowing the prosecution to amend the charge at the close of the prosecution's case.
- Category: Procedural
- Use of Co-Accused's Confession
- Outcome: The court held that the confessions of Wan Yue Kong could be used to incriminate the appellant.
- Category: Evidentiary
- Establishment of Prima Facie Case
- Outcome: The court found that the prosecution had established a prima facie case against the appellant.
- Category: Procedural
8. Remedies Sought
- Appeal against conviction and sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chin Seow Noi v PP | High Court | Yes | [1994] 1 SLR 135 | Singapore | Cited to support the use of a co-accused's confession to secure a conviction. |
| Lee Ngin Kiat v PP | High Court | Yes | [1993] 2 SLR 511 | Singapore | Cited to contend that the court must exercise its power to allow an amendment judiciously and must bear in mind the possibility of prejudice to the accused. |
| Lew Cheok Hin v R | Magistrate's Court | Yes | [1956] MLJ 131 | Malaysia | Cited for the principle that an amendment of a charge may be made at any stage of the trial. |
| PP v Jorge Enrique Pellon Tellon | Court of Appeal | Yes | [1998] 4 MLJ 183 | Malaysia | Cited for applying the principle in Lew Cheok Hin v R regarding the amendment of charges. |
| Haw Tua Tau v PP | Privy Council | Yes | [1980-1981] SLR 73 | Singapore | Cited for the test to be applied at the close of the prosecution's case. |
| Tan Siew Chay v PP | High Court | Yes | [1993] 2 SLR 14 | Singapore | Cited for summarizing the test in Haw Tua Tau v PP and distinguishing it from the test in Ang Sunny v PP. |
| Ang Sunny v PP | High Court | Yes | [1965-1968] SLR 67 | Singapore | Cited for the test applicable at the close of the trial regarding circumstantial evidence. |
| PP v Oh Laye Koh | High Court | Yes | [1994] 2 SLR 385 | Singapore | Cited for affirming the distinction drawn in Tan Siew Chay regarding the test applicable at the close of the prosecution's case. |
| Tan Chuan Ten v PP | High Court | Yes | [1997] 2 SLR 348 | Singapore | Cited for the definition of a reasonable inference. |
| Foong Seow Ngui v PP | High Court | Yes | [1995] 3 SLR 785 | Singapore | Cited as a similar case to the present one. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185) | Singapore |
| Penal Code (Cap 224) | Singapore |
| Evidence Act (Cap 97, 1997 Ed) | Singapore |
| Criminal Procedure Code (Cap 68) | Singapore |
| s 5(1)(a) Misuse of Drugs Act (Cap 185, 1998 Ed) | Singapore |
| s 5(2) Misuse of Drugs Act (Cap 185, 1998 Ed) | Singapore |
| s 34 Penal Code (Cap 224) | Singapore |
| s 30 Evidence Act (Cap 97, 1997 Ed) | Singapore |
| s 17 Misuse of Drugs Act (Cap 185, 1998 Ed) | Singapore |
| s 163(1) Criminal Procedure Code (Cap 68) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug trafficking
- Common intention
- Joint charge
- Prima facie case
- Confession
- Circumstantial evidence
15.2 Keywords
- Drug trafficking
- Common intention
- Amendment of charge
- Singapore
- Criminal law
16. Subjects
- Criminal Law
- Drug Trafficking
- Evidence
- Criminal Procedure
17. Areas of Law
- Criminal Law
- Drug Trafficking
- Criminal Procedure
- Evidence Law