Public Prosecutor v Aw Kim Lye: Trafficking of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Aw Kim Lye, the High Court of Singapore convicted Aw Kim Lye of trafficking diamorphine under the Misuse of Drugs Act. The court found Aw Kim Lye guilty based on evidence presented by the prosecution, including statements made by the accused and the discovery of diamorphine in his possession. Aw Kim Lye was sentenced to death.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Convicted and sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Aw Kim Lye was convicted of trafficking diamorphine under the Misuse of Drugs Act and sentenced to death after being found in possession of 80.56g of diamorphine.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Chan Wang Ho of Attorney-General's Cambers Glenn Seah Kim Ming of Attorney-General's Cambers |
| Aw Kim Lye | Defendant | Individual | Sentenced to death | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Wang Ho | Attorney-General's Cambers |
| Glenn Seah Kim Ming | Attorney-General's Cambers |
| Peter Low | Peter Low Tang & Belinda Ang |
| Michael S Chia | Infinitus Law Corporation |
4. Facts
- The accused was arrested on 21 January 2001.
- The accused was found to be in possession of 80.56g nett of diamorphine.
- The accused was charged under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act, Ch 185.
- CNB officers tracked the accused from 8.55am on 21 January 2001.
- The accused attempted to evade arrest by speeding off in his car.
- The accused confessed to collecting, transporting, and selling diamorphine for profit in his investigation statement.
- The accused elected to remain silent during the defense case.
5. Formal Citations
- Public Prosecutor v Aw Kim Lye, CC 51/2001, [2001] SGHC 305
6. Timeline
| Date | Event |
|---|---|
| Accused arrested and found in possession of diamorphine. | |
| CNB officers began to track the accused. | |
| Accused's cautioned statement recorded. | |
| Investigation statement recorded. | |
| Investigation statement recorded. | |
| Judgment issued. |
7. Legal Issues
- Trafficking in Diamorphine
- Outcome: The court found the accused guilty of trafficking in diamorphine.
- Category: Substantive
8. Remedies Sought
- Conviction
- Death Penalty
9. Cause of Actions
- Trafficking in Diamorphine
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act, Ch 185 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- CNB
- Peh Hoon
15.2 Keywords
- Diamorphine
- Drug Trafficking
- Misuse of Drugs Act
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 80 |
| Criminal Procedure | 70 |
| Admissibility of evidence | 60 |
| Sentencing | 50 |
16. Subjects
- Criminal Law
- Drug Offenses