Public Prosecutor v Sim Kwong Choon: Trafficking of Diamorphine under the Misuse of Drugs Act

In Public Prosecutor v Sim Kwong Choon, the High Court of Singapore convicted Sim Kwong Choon on two charges of trafficking diamorphine under the Misuse of Drugs Act. The court found that Sim Kwong Choon was in possession of diamorphine for the purpose of trafficking and imposed the mandatory death sentence. The prosecution presented uncontroverted evidence, and the accused remained silent during his defense.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused found guilty and convicted on both charges; mandatory death sentence imposed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Sim Kwong Choon was convicted of trafficking diamorphine under the Misuse of Drugs Act and sentenced to death. The High Court found him guilty on two charges.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyGuiltyWon
Anandan Bala of Attorney-General’s Chambers
April Phang of Attorney-General’s Chambers
Sim Kwong ChoonDefendantIndividualConvictedLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Anandan BalaAttorney-General’s Chambers
April PhangAttorney-General’s Chambers
Anthony LimAnthony & Wee Jin

4. Facts

  1. Accused was found in possession of 49 sachets and 4 straws of substance containing not less than 39.88 grams of diamorphine in his car.
  2. Accused was found in possession of 1 packet and 127 sachets of substance containing not less than 137.38 grams of diamorphine in his flat.
  3. Accused admitted that the drugs in his car and flat belonged to one Ah Jua or Siang Leng.
  4. Accused claimed he was storing the heroin, empty sachets, digital weighing scale, and finger gloves for Ah Jua.
  5. Accused was observed meeting with Teo Chin Yeh prior to his arrest.
  6. A plastic bag containing some substance was found on the handbrake of the accused's car.

5. Formal Citations

  1. Public Prosecutor v Sim Kwong Choon, CC 1/2001, [2001] SGHC 11

6. Timeline

DateEvent
Accused seen leaving his flat with a sling bag.
Accused met with Teo Chin Yeh.
Accused arrested by CNB officers at Pending Road.
Ang Chi Ming arrested at Blk 223 Pending Road.
Drugs seized from Accused's car and flat.
Judgment issued.

7. Legal Issues

  1. Trafficking of Controlled Drugs
    • Outcome: The court found the accused guilty of trafficking diamorphine.
    • Category: Substantive
  2. Possession of Controlled Drugs for Trafficking
    • Outcome: The court presumed the accused possessed the diamorphine for trafficking purposes.
    • Category: Substantive

8. Remedies Sought

  1. Conviction
  2. Mandatory Death Sentence

9. Cause of Actions

  • Drug Trafficking

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act, Chapter 185, section 5(1)(a) read with section 5(2)Singapore
Misuse of Drugs Act, Chapter 185, section 33Singapore
Misuse of Drugs Act, section 17(c)Singapore
Misuse of Drugs Act, section 2Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Misuse of Drugs Act
  • Possession
  • Controlled Drug
  • CNB
  • Sachets
  • Ah Jua
  • Siang Leng

15.2 Keywords

  • Drug Trafficking
  • Diamorphine
  • Misuse of Drugs Act
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law60
Criminal Procedure50
Offences40
Theft10

16. Subjects

  • Criminal Law
  • Drug Offences