Public Prosecutor v Lim Beng Soon: Trafficking in Controlled Drugs
In Public Prosecutor v Lim Beng Soon and Henry Tan Kok Hwa, the High Court of Singapore, on 2000-05-10, heard charges against Lim Beng Soon for trafficking in opium and against Henry Tan Kok Hwa for conspiring to traffic in opium. The court found Lim Beng Soon guilty of the trafficking charge. However, the court discharged and acquitted Henry Tan Kok Hwa of the conspiracy charge due to insufficient evidence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
First accused found guilty; second accused discharged and acquitted.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lim Beng Soon and Henry Tan Kok Hwa were tried for drug trafficking. Lim Beng Soon was convicted, while Henry Tan Kok Hwa was acquitted due to insufficient evidence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial | Partial | Jaswant Singh of Deputy Public Prosecutor Toh Yung Cheong of Deputy Public Prosecutor Lim Keng Seong of Deputy Public Prosecutor |
| Lim Beng Soon | Defendant | Individual | Guilty | Lost | |
| Henry Tan Kok Hwa | Defendant | Individual | Acquitted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| MPH Rubin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jaswant Singh | Deputy Public Prosecutor |
| Toh Yung Cheong | Deputy Public Prosecutor |
| Lim Keng Seong | Deputy Public Prosecutor |
| Peter Fernando | Leo Fernando |
| Yeo Chee Teck | Ang Jeffrey & Partners |
| S S Dhillon | Dhillon Dendroff & Partners |
| Laurence Goh | Laurence Goh Eng Yau & Co |
4. Facts
- First accused was found in possession of 32 slabs of opium in his car.
- Second accused was arrested with Lim Chew Heng at a coffee shop.
- Ang Boon Seng, an opium addict, was arrested with the first accused.
- Ang Boon Seng initially claimed the second accused arranged for him to receive opium.
- Call records showed calls between Lim Chew Heng and the first accused.
- Slips of paper with the first accused's contact information were found in the second accused's wallet.
- First accused claimed he was an unwitting courier and did not know he was transporting opium.
5. Formal Citations
- Public Prosecutor v Lim Beng Soon and Another, CC 56/1999, [2000] SGHC 85
6. Timeline
| Date | Event |
|---|---|
| First accused trafficked controlled drug at Jalan Kukoh, Singapore | |
| First accused and Ang Boon Seng arrested | |
| Second accused and Lim Chew Heng arrested | |
| Second accused's statement recorded | |
| Second accused's statement recorded | |
| Judgment delivered |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court found the first accused guilty of trafficking in a controlled drug.
- Category: Substantive
- Conspiracy to Traffic in Controlled Drugs
- Outcome: The court acquitted the second accused of conspiracy to traffic in a controlled drug due to insufficient evidence.
- Category: Substantive
- Rebuttal of Presumption under Section 18(2) of the Misuse of Drugs Act
- Outcome: The court found that the first accused failed to rebut the presumption under Section 18(2) of the Misuse of Drugs Act.
- Category: Substantive
- Related Cases:
- [1969] 2 AC 256
- [1998] 1 SLR 217
- [1995] 2 SLR 349
- [1995] 2 SLR 424
- Admissibility of Similar Fact Evidence
- Outcome: The court ruled that the probative value of the similar fact evidence outweighed its prejudicial aspects and admitted the evidence.
- Category: Procedural
- Related Cases:
- [1996] 2 SLR 422
- [1975] AC 421
- Drawing Adverse Inferences from Failure to Call a Witness
- Outcome: The court declined to draw an adverse inference against the prosecution for failing to call Lim Chew Heng as a witness, but noted that it significantly hurt the prosecution's case.
- Category: Procedural
- Related Cases:
- [1994] 2 SLR 257
- [1998] 1 SLR 217
- [1999] 2 SLR 637
- [1998] 1 SLR 663
- (1961) 27 MLJ 105
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Drug Trafficking
- Conspiracy to Commit Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Meng Jee v Public Prosecutor | Singapore Court of Appeal | Yes | [1996] 2 SLR 422 | Singapore | Cited for the principle that the probative value of similar fact evidence must outweigh its prejudicial effect before it can be relevant. |
| DPP v Boardman | N/A | Yes | [1975] AC 421 | England and Wales | Cited for the balancing test where the probative value of similar fact evidence has to outweigh its prejudicial effect before that evidence can be relevant. |
| Warner v Metropolitan Commissioner of Police | N/A | Yes | [1969] 2 AC 256 | England and Wales | Cited for the principle that a man's possession of a package leads to the inference that he is in possession of its contents, but this can be rebutted by evidence that he was mistaken as to its contents. |
| Yeo Choon Huat v Public Prosecutor | Singapore Court of Appeal | Yes | [1998] 1 SLR 217 | Singapore | Cited for the principle that ignorance is a defense only when there was no reason for suspicion and there was no right nor an opportunity of examination. |
| Lee Yuan Kwang v Public Prosecutor | N/A | Yes | [1995] 2 SLR 349 | Singapore | Cited in relation to rebutting the presumption of knowledge in drug trafficking cases. |
| Public Prosecutor v Hla Win | N/A | Yes | [1995] 2 SLR 424 | Singapore | Cited to show that the accused had truly not known that the bag contained heroin as he was able to prove on a balance of probabilities that he had believed that he was smuggling precious gems through Singapore. |
| Lim Young Sien v Public Prosecutor | Singapore Court of Appeal | Yes | [1994] 2 SLR 257 | Singapore | Cited for the principle that the prosecution has a discretion whether or not to call a particular witness, provided that there is no ulterior motive. |
| Satli bin Masot v Public Prosecutor | Singapore Court of Appeal | Yes | [1999] 2 SLR 637 | Singapore | Cited for the factors that would be relevant in deciding whether an adverse inference should be drawn from the failure to call a witness. |
| Lau Song Seng v Public Prosecutor | N/A | Yes | [1998] 1 SLR 663 | Singapore | Cited for drawing an adverse inference against the prosecution for failing to call a witness who was crucial to the case. |
| Khoon Chye Hin v Public Prosecutor | N/A | Yes | (1961) 27 MLJ 105 | Malaysia | Cited for the principle that the prosecution has a discretion not to call a witness whom it does not believe to be a witness of truth. |
| Don Promphinit v Public Prosecutor | N/A | Yes | [1994] 3 SLR 193 | Singapore | Cited in relation to the standard of proof required in criminal cases. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Chapter 185 | Singapore |
| 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, Chapter 185, Section 12 | Singapore |
| Misuse of Drugs Act, Chapter 185, Section 18(2) | Singapore |
| Criminal Procedure Code | Singapore |
| Criminal Procedure Code, s 122(6) | Singapore |
| Evidence Act | Singapore |
| Evidence Act, s 116 illustration (g) | Singapore |
| Evidence Act, s 135 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Opium
- Trafficking
- Conspiracy
- Courier
- Presumption
- Accomplice
- Inference
- Possession
- Delivery
- Controlled drug
15.2 Keywords
- Drug trafficking
- Opium
- Singapore
- Criminal law
- Conspiracy
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Drug Offences | 90 |
| Drug Trafficking | 80 |
| Criminal Law | 60 |
| Conspiracy | 50 |
| Criminal Procedure | 50 |
| Evidence | 40 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Conspiracy