Public Prosecutor v Low Hong Siah: Trafficking of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Low Hong Siah, the High Court of Singapore convicted Low Hong Siah of trafficking in diamorphine under the Misuse of Drugs Act. The court, presided over by Judicial Commissioner Lee Seiu Kin, found Low guilty based on evidence of possession of 222.28 grams of diamorphine and his own admissions. Low was sentenced to death, as mandated by law for the offense.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Convicted of the charge and pronounced the death sentence as required by law.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Low Hong Siah was convicted of trafficking diamorphine, a controlled drug, and sentenced to death. The court found him guilty based on evidence of possession and admissions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Christina Koh, Mohamed Nasser Ismail |
| Low Hong Siah | Defendant | Individual | Conviction | Lost | Shashi Natnan, Edmond Wong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christina Koh | Public Prosecutor |
| Mohamed Nasser Ismail | Public Prosecutor |
| Shashi Natnan | Harry Elias Partnership |
| Edmond Wong | Wong, Gobal & Rai |
4. Facts
- The accused, Low Hong Siah, was arrested on 30 December 1999.
- CNB officers intercepted Low while he was driving along Brighton Avenue.
- Low attempted to evade arrest by ramming his car into a CNB car and escaping on foot.
- A search of Low's residence revealed 4 packets and 188 sachets containing not less than 222.28 grams of diamorphine.
- Low admitted to keeping drugs in his flat and that the drugs were heroin.
- Low admitted to repackaging the heroin into sachets for sale to customers.
- A digital weighing scale, empty sachets, a plastic spoon, and chopsticks were found in Low's flat.
5. Formal Citations
- Public Prosecutor v Low Hong Siah, CC 43/2000, [2000] SGHC 137
6. Timeline
| Date | Event |
|---|---|
| Arrest made | |
| Drugs seized from Low's residence | |
| Cautioned statement recorded | |
| Long statement recorded | |
| Further statement recorded | |
| Further statement recorded | |
| Judgment issued |
7. Legal Issues
- Trafficking of Controlled Drugs
- Outcome: The court found the defendant guilty of trafficking diamorphine.
- Category: Substantive
- Possession of Controlled Drugs for Trafficking
- Outcome: The court invoked the presumptions under section 17 and section 18 of the Misuse of Drugs Act but found it unnecessary to rely on them due to the overwhelming evidence.
- Category: Substantive
8. Remedies Sought
- Conviction
- Death Sentence
9. Cause of Actions
- Trafficking in a Controlled Drug
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Chapter 185, section 5(1)(a) | Singapore |
| Misuse of Drugs Act, Chapter 185, section 5(2) | Singapore |
| Misuse of Drugs Act, Chapter 185, section 33 | Singapore |
| Misuse of Drugs Act, section 17 | Singapore |
| Misuse of Drugs Act, section 18 | Singapore |
| Misuse of Drugs Act, section 16 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Controlled drug
- Trafficking
- Possession
- Sachets
- CNB
- Misuse of Drugs Act
15.2 Keywords
- Drug trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal law
16. Subjects
- Criminal Law
- Drug Offences
17. Areas of Law
- Criminal Law
- Drug Trafficking Law
- Misuse of Drugs Act