PP v Sim Teck Ho: Trafficking of Diamorphine & Presumption Under Misuse of Drugs Act
In Public Prosecutor v Sim Teck Ho, the High Court of Singapore convicted Sim Teck Ho of drug trafficking under the Misuse of Drugs Act. The court found that Sim Teck Ho was in possession of diamorphine and failed to rebut the statutory presumptions that he knew the nature of the drug and possessed it for the purpose of trafficking. The court sentenced him to the mandatory death penalty.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty as charged
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Sim Teck Ho was convicted of drug trafficking after being found in possession of diamorphine, triggering presumptions under the Misuse of Drugs Act.
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 | Jaswant Singh of Attorney-General’s Chambers Raymond Fong of Attorney-General’s Chambers Christopher Tang of Attorney-General’s Chambers |
| Sim Teck Ho | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jaswant Singh | Attorney-General’s Chambers |
| Raymond Fong | Attorney-General’s Chambers |
| Christopher Tang | Attorney-General’s Chambers |
| Nicholas Aw | Aw & Tan |
| Chua Teck Leong | Chua Teck Leong & Partners |
4. Facts
- Accused was found in possession of 130.46 grams of diamorphine.
- Accused claimed he was keeping the drugs for 'Ah Bei', a Malaysian.
- Accused claimed he did not know the contents of the plastic bag.
- Accused was promised $350 for keeping the drugs.
- The drugs were found in a Watson's plastic bag in the storeroom of the Yishun flat.
- Accused admitted to placing the bag in the storeroom.
- Accused's statements were not challenged by the defense.
5. Formal Citations
- Public Prosecutor v Sim Teck Ho, CC 30/2000, [2000] SGHC 66
6. Timeline
| Date | Event |
|---|---|
| Accused received plastic bag from Ah Beh's colleagues. | |
| Accused arrested at Yishun flat. | |
| Further statement taken from Accused by ASP Fan. | |
| Accused made a further statement elaborating on how he came to have the Watson’s plastic bag. | |
| Accused added further statement. | |
| Judgment issued. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the defendant guilty of drug trafficking.
- Category: Substantive
- Related Cases:
- [1998] 1 SLR 217
- [1995] 2 SLR 349
- Presumption of Trafficking
- Outcome: The court held that the presumption of trafficking applied because the defendant possessed more than 2 grams of diamorphine and failed to prove his possession was not for the purpose of trafficking.
- Category: Procedural
- Knowledge of the Nature of the Drug
- Outcome: The court held that the defendant was presumed to have known the nature of the drug and failed to rebut this presumption.
- Category: Substantive
8. Remedies Sought
- Conviction
- 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 |
|---|---|---|---|---|---|
| Yeo Choon Huat v PP | Court of Appeal | Yes | [1998] 1 SLR 217 | Singapore | Cited for the principle that ignorance is a defense only when there is no reason for suspicion and no right and opportunity of examination. |
| Lee Yuan Kwang v PP | Court of Appeal | Yes | [1995] 2 SLR 349 | Singapore | Cited for the definition of 'traffic' under the Misuse of Drugs Act and the lack of requirement to prove a direct connection between the accused and the end-user. |
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(c) | Singapore |
| Misuse of Drugs Act, section 18(2) | Singapore |
| Misuse of Drugs Act, section 2 | Singapore |
| Criminal Procedure Code section 122(6) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Misuse of Drugs Act
- Presumption of Trafficking
- Possession
- Controlled Drug
- Ah Bei
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Criminal Revision | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking