Lim Choo Song v Public Prosecutor: Importation of Diamorphine
In Lim Choo Song v Public Prosecutor, the High Court of Singapore heard an appeal against the conviction of Lim Choo Song for importing diamorphine into Singapore on June 16, 2001. The prosecution argued that Lim Choo Song knowingly possessed the drugs, relying on his statements to CNB officers and statutory presumptions. The High Court dismissed the appeal, finding that Lim Choo Song had not presented any evidence to rebut the presumption that he knowingly brought the drugs into Singapore.
1. Case Overview
1.1 Court
High Court1.2 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 into Singapore. The High Court dismissed his appeal, finding he knowingly possessed the drugs.
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 |
---|---|---|
Yong Pung How | Chief Justice | Yes |
Chao Hick Tin | Judge of Appeal | No |
Tan Lee Meng | Judge | 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 on 16 June 2001.
- Two packets containing not less than 23.43 grams of diamorphine were found in the car.
- Appellant admitted in statements that he knew there were drugs in the plastic bag.
- Appellant was promised 1000 ringgit to bring the drugs into Singapore.
- Appellant withdrew his Criminal Motion to adduce further evidence.
- The appellant elected not to give evidence in court.
5. Formal Citations
- Lim Choo Song v Public Prosecutor, Cr App 26/2001, [2002] SGHC 52
6. Timeline
Date | Event |
---|---|
Lim Choo Song arrested at Woodlands Checkpoint | |
Diamorphine seized from Lim Choo Song's vehicle | |
Appellant's third statement recorded | |
Appellant's fourth statement recorded | |
Appellant filed affidavit | |
Appellant filed Criminal Motion No 4 of 2002 | |
Appeal dismissed |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court upheld the conviction for importing diamorphine.
- Category: Substantive
- Knowledge of Possession
- Outcome: The court found that the appellant was aware that he had drugs in his possession.
- Category: Substantive
- Accuracy of Interpreted Statements
- Outcome: The court found that the alleged inconsistencies in the interpretation of the statements were not significant enough to undermine the conviction.
- Category: Procedural
8. Remedies Sought
- Appeal against conviction
9. Cause of Actions
- Importation of a controlled drug
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 |
---|---|
Misuse of Drugs Act, Chapter 185, section 7 | Singapore |
Misuse of Drugs Act, Chapter 185, section 33 | Singapore |
Misuse of Drugs Act, Chapter 185, section 18(2) | Singapore |
Misuse of Drugs Act, Chapter 185, section 21 | Singapore |
Criminal Procedure Code, section 122(6) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Importation
- Woodlands Checkpoint
- Misuse of Drugs Act
- Statements to CNB
- Knowledge of possession
15.2 Keywords
- Diamorphine
- Drug Importation
- Singapore Law
- Criminal Appeal
- Misuse of Drugs Act
17. Areas of Law
Area Name | Relevance Score |
---|---|
Misuse of Drugs Act | 95 |
Criminal Law | 70 |
Criminal Procedure | 60 |
Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking