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 Court

1.2 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 NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWon
Jaswant Singh of Deputy Public Prosecutors
Hwong Meng Jet of Deputy Public Prosecutors
Lim Choo SongAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes
Chao Hick TinJudge of AppealNo
Tan Lee MengJudgeNo

4. Counsels

Counsel NameOrganization
Jaswant SinghDeputy Public Prosecutors
Hwong Meng JetDeputy Public Prosecutors
James Bahadur MasihJames Masih & Co
Lee Yih GiaRamdas & Wong

4. Facts

  1. Appellant was stopped at Woodlands Checkpoint on 16 June 2001.
  2. Two packets containing not less than 23.43 grams of diamorphine were found in the car.
  3. Appellant admitted in statements that he knew there were drugs in the plastic bag.
  4. Appellant was promised 1000 ringgit to bring the drugs into Singapore.
  5. Appellant withdrew his Criminal Motion to adduce further evidence.
  6. The appellant elected not to give evidence in court.

5. Formal Citations

  1. Lim Choo Song v Public Prosecutor, Cr App 26/2001, [2002] SGHC 52

6. Timeline

DateEvent
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

  1. Importation of Controlled Drugs
    • Outcome: The court upheld the conviction for importing diamorphine.
    • Category: Substantive
  2. Knowledge of Possession
    • Outcome: The court found that the appellant was aware that he had drugs in his possession.
    • Category: Substantive
  3. 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

  1. 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 NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act, Chapter 185, section 7Singapore
Misuse of Drugs Act, Chapter 185, section 33Singapore
Misuse of Drugs Act, Chapter 185, section 18(2)Singapore
Misuse of Drugs Act, Chapter 185, section 21Singapore
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

16. Subjects

  • Criminal Law
  • Drug Trafficking