Chow Mun Fai v Public Prosecutor: Drug Trafficking - Possession of Diamorphine
In Chow Mun Fai v Public Prosecutor, the Court of Appeal of Singapore heard an appeal against Chow Mun Fai's conviction for drug trafficking. Chow Mun Fai was found guilty in the High Court of possessing 46 sachets of diamorphine for the purpose of trafficking, an offence under the Misuse of Drugs Act. The Court of Appeal dismissed the appeal, finding Chow Mun Fai's defense to be inconsistent and unreliable, and upholding the original conviction and sentence.
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
Chow Mun Fai was convicted of drug trafficking for possessing diamorphine. The Court of Appeal upheld the conviction, finding his defense inconsistent and unreliable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal upheld | Won | April Phang of Deputy Public Prosecutors Bala Reddy of Deputy Public Prosecutors |
| Chow Mun Fai | Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
| L P Thean | Judge of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| April Phang | Deputy Public Prosecutors |
| Bala Reddy | Deputy Public Prosecutors |
| Teo Choo Kee | Lee & Tan |
| Edmond Pereira | Edmond Pereira & Partners |
4. Facts
- Chow Mun Fai (Ah Fai) was arrested with his wife, Tan Tiew Guay, in a lift at Block 744 Woodlands Circle.
- Tan was holding a red "On Cheong Jewellery" bag containing 10 sachets of diamorphine.
- 36 additional sachets of diamorphine were found in the master bedroom of their Woodlands flat.
- Ah Fai's mother opened a UOB account in her name for Ah Fai, into which large sums of money were deposited.
- Ah Fai's brother testified that Ah Fai asked him to deliver money to a person named "Ah Xiao."
- A heroin addict, Thomas Toh, testified that he bought heroin from Ah Fai.
- Tan testified that Ah Fai obtained heroin from Chua Ah Xiao and sold it to customers.
5. Formal Citations
- Chow Mun Fai v Public Prosecutor, CA 27/2000, [2001] SGCA 18
6. Timeline
| Date | Event |
|---|---|
| Chow Mun Fai and Tan Tiew Guay married. | |
| Chow Mun Fai and Tan Tiew Guay were arrested by CNB officers. | |
| Chow Mun Fai was convicted and sentenced to death by the High Court. | |
| The Court of Appeal dismissed Chow Mun Fai's appeal. |
7. Legal Issues
- Possession of Drugs for Trafficking
- Outcome: The court found that Chow Mun Fai was in possession of drugs for the purpose of trafficking.
- Category: Substantive
- Accomplice Evidence
- Outcome: The court determined that the guilt of Ah Fai was not established on Tan's evidence alone, but was also based on other reliable evidence.
- Category: Procedural
- Related Cases:
- [2000] 3 SLR 565
- [1998] 2 SLR 592
- [1998] 2 SLR 713
8. Remedies Sought
- Appeal against conviction and sentence
9. Cause of Actions
- Drug Trafficking
- Possession of Drugs for the Purpose of Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sharom bin Ahmad & Anor v PP | Court of Appeal | Yes | [2000] 3 SLR 565 | Singapore | Cited regarding the court's treatment of an accomplice's evidence. |
| Kwang Boon Keong Peter v PP | Court of Appeal | Yes | [1998] 2 SLR 592 | Singapore | Cited regarding the court's treatment of an accomplice's evidence. |
| Chua Poh Kiat Anthony v PP | Court of Appeal | Yes | [1998] 2 SLR 713 | Singapore | Cited regarding the court's treatment of an accomplice's evidence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185) s 5(2) | Singapore |
| Misuse of Drugs Act (MDA) s 33 | Singapore |
| Penal Code Chapter 224 s 34 | Singapore |
| Evidence Act (Cap 97) s 116, illustration (b) | Singapore |
| Evidence Act s 135 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Possession for Trafficking
- Accomplice Evidence
- UOB Account
- CNB
- Pak Fun
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Admissibility of evidence | 40 |
| Evidence | 40 |
16. Subjects
- Criminal Law
- Drug Offences