Lim Choo Song v Public Prosecutor: Conviction for Importing Drugs under Misuse of Drugs Act
In Lim Choo Song v Public Prosecutor, the Court of Appeal of Singapore dismissed Lim Choo Song's appeal against his conviction for importing diamorphine on 16 June 2001. The court cited Lim's admission of possession in an affidavit supporting a withdrawn criminal motion, which undermined his contention that there was doubt as to whether he imported the drugs. The court upheld the original conviction and mandatory 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
Lim Choo Song was convicted of importing diamorphine. The Court of Appeal dismissed his appeal, citing his admission of possession in a withdrawn motion.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal dismissed | Won | Jaswant Singh of Deputy Public Prosecutors Hwong Meng Jet of Deputy Public Prosecutors |
| Lim Choo Song | Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| Tan Lee Meng | Judge | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jaswant Singh | Deputy Public Prosecutors |
| Hwong Meng Jet | Deputy Public Prosecutors |
| James Bahadur Masih | James Masih & Co |
| Lee Yih Gia | Ramdas & Wong |
4. Facts
- Appellant was stopped at Woodlands Checkpoint driving from Johore Bahru.
- CNB officers found two packets of granular substance in the car's arm-rest compartment.
- The substance was found to contain not less than 23.43g of diamorphine.
- Appellant stated 'Ah Meng' asked him to bring the drugs in for 1,000 ringgit.
- Appellant admitted knowing there was drug inside the plastic bag.
- Appellant withdrew a criminal motion to adduce fresh evidence.
5. Formal Citations
- Lim Choo Song v Public Prosecutor, Cr App 26/2001, [2002] SGCA 16
6. Timeline
| Date | Event |
|---|---|
| Appellant arrested at Woodlands Checkpoint | |
| Appellant's third statement recorded | |
| Appellant's fourth statement recorded | |
| Appellant filed affidavit | |
| Appellant filed Criminal Motion 4/2002 | |
| Appeal dismissed |
7. Legal Issues
- Importing Drugs
- Outcome: The court upheld the conviction for importing drugs.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction
9. Cause of Actions
- Importing drugs
10. Practice Areas
- Criminal Law
- Drug Offences
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 |
|---|---|
| Misuse of Drugs Act, Chapter 185 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Importing drugs
- Woodlands Checkpoint
- Misuse of Drugs Act
- Criminal motion
- Possession of drugs
15.2 Keywords
- drugs
- importing
- diamorphine
- singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Criminal Revision | 40 |
| Drug Consumption | 30 |
| Mens rea | 25 |
| Criminal Procedure | 20 |
16. Subjects
- Criminal Law
- Drug Trafficking