PP v Lee Lye Hoe: Trafficking of Opium under the Misuse of Drugs Act

In Public Prosecutor v Lee Lye Hoe, the High Court of Singapore convicted Lee Lye Hoe of trafficking a controlled drug under the Misuse of Drugs Act. The court found that Lee Lye Hoe possessed 8 slabs of opium and failed to rebut the presumption that she possessed the drugs for the purpose of trafficking. The court imposed the mandatory sentence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Guilty

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 trafficking opium after police found it in her flat. The court found she failed to rebut the presumption that she possessed the drugs for trafficking.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyConvictionWon
Jaswant Singh of Prosecution
Toh Yun Cheong of Prosecution
Lee Lye HoeDefendantIndividualGuiltyLost

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Jaswant SinghProsecution
Toh Yun CheongProsecution
Zero NalponNalpon & Partners
Surian SidambaramSurian & Partners
Tan Lye HuatSurian & Partners

4. Facts

  1. Accused was observed by CNB officers at Dover Road.
  2. A man delivered a blue travelling bag and a red plastic bag to the accused.
  3. Eight packets of opium were found under the bed in the accused's master bedroom.
  4. The packets contained 12,722 grams of opium containing not less than 248.64 grams of morphine.
  5. The accused claimed she was keeping the packets for a man named Ah Tan.
  6. The accused wrapped the packets in newspaper and placed them in plastic bags.
  7. The accused did not call the police or Ah Tan after discovering the opium.

5. Formal Citations

  1. Public Prosecutor v Lee Lye Hoe, CC 56/1999, [2000] SGHC 90

6. Timeline

DateEvent
Accused arrested at flat
Opium found in accused's bedroom
Accused's cautioned statement recorded
Recording of investigation statements commenced
Investigation statement recorded
Investigation statement recorded
Investigation statement recorded
Judgment issued

7. Legal Issues

  1. Drug Trafficking
    • Outcome: The court found the defendant guilty of drug trafficking.
    • Category: Substantive
    • Related Cases:
      • [1997] 2 SLR 522
  2. Presumption of Possession for Trafficking
    • Outcome: The court found that the defendant failed to rebut the presumption that she possessed the drugs for the purpose of trafficking.
    • Category: Substantive

8. Remedies Sought

  1. Conviction
  2. Mandatory Sentence

9. Cause of Actions

  • Drug Trafficking

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Sze Siew Luan v PPCourt of AppealYes[1997] 2 SLR 522SingaporeCited for the principle that persons who hold drugs as bailees for their owners are culpable for trafficking.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act, Chapter 185Singapore
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 33Singapore
Misuse of Drugs Act, Chapter 185, section 17Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Opium
  • Trafficking
  • Possession
  • Controlled drug
  • Bailee
  • Presumption
  • Misuse of Drugs Act

15.2 Keywords

  • Drug trafficking
  • Opium
  • Singapore
  • Criminal law
  • Misuse of Drugs Act

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Drug Trafficking80
Possession of Drugs70
Opium65
Criminal Law60
Criminal Procedure50
Evidence40

16. Subjects

  • Criminal Law
  • Drug Offences