Ng Beng Siang v PP: Conspiracy & Trafficking of Diamorphine; Common Intention

Ng Beng Siang, Rosdi Bin Pungot, and Rosely Bin Sidin were convicted in the High Court on charges related to trafficking diamorphine. Ng was convicted of conspiring with Rosdi and Roseley to traffic 48.21 grams of diamorphine, while Rosdi and Roseley were convicted of trafficking the same quantity of diamorphine with common intention. The Court of Appeal dismissed all three appeals, upholding the original convictions and death sentences. The court found sufficient evidence to prove the conspiracy and common intention among the appellants.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeals dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Ng Beng Siang appeals conviction for conspiring to traffic diamorphine. Court affirms conviction, finding common intention to traffic drugs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyJudgment UpheldWon
Ng Beng SiangAppellantIndividualAppeal DismissedLost
Rosdi Bin PungotAppellantIndividualAppeal DismissedLost
Rosely Bin SidinAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of the Court of AppealYes
Tan Lee MengJudgeNo
Yong Pung HowChief JusticeNo

4. Counsels

Counsel NameOrganization
Ng Cheng ThiamDPPs
Jared PereiraDPPs
Daniel ChiaLawrence Wong & Co
Lawrence WongLawrence Wong & Co
S. S. Ramli SalehkhonDhillon Dendroff & Partners
S.S Dhillon SalehkhonRamli & Co
Boon Khoon LimRam Goswani & Co
Ram GoswamiRam Goswani & Co

4. Facts

  1. CNB officers observed the movements of two vehicles in the Sembawang area.
  2. Roseley met Rosdi near Block 411.
  3. Ng drove into the multi-storey car park and parked his car.
  4. Rosdi retrieved a haversack from Ng's car.
  5. The haversack contained 20 wrapped bundles of diamorphine.
  6. Rosdi and Roseley were arrested after a short chase.
  7. Ng was arrested at a traffic junction.

5. Formal Citations

  1. Ng Beng Siang and Others v Public Prosecutor, Cr App 17/2002, [2003] SGCA 17

6. Timeline

DateEvent
CNB officers deployed in Sembawang area.
Roseley met Rosdi at Block 411.
Ng arrived at the multi-storey car park.
Rosdi retrieved a haversack from Ng's car.
Rosdi and Roseley arrested by CNB officers.
Ng arrested at the junction of Sembawang Drive and Sembawang Crescent.
Ng gave cautioned statement.
Ng gave investigation statement.
Ng gave investigation statement.
Court of Appeal decision.

7. Legal Issues

  1. Complicity
    • Outcome: The court found that the appellants acted in furtherance of a common intention.
    • Category: Substantive
    • Related Cases:
      • (1945) AIR PC 120
      • [1996] 3 SLR 15
  2. Conspiracy to Traffic Drugs
    • Outcome: The court upheld Ng's conviction for conspiring to traffic diamorphine.
    • Category: Substantive
  3. Admissibility of Statements
    • Outcome: The court ruled that Ng's statements were made voluntarily and were admissible as evidence.
    • Category: Procedural
  4. Admissibility of Similar Fact Evidence
    • Outcome: The court held that the similar fact evidence was admissible because its probative value outweighed its prejudicial effect.
    • Category: Procedural
    • Related Cases:
      • [1996] 2 SLR 422
  5. Presumption of Knowledge
    • Outcome: The court found that Rosdi failed to rebut the presumption of knowledge under s 18 of the Misuse of Drugs Act.
    • Category: Substantive

8. Remedies Sought

  1. Acquittal
  2. Appeal against conviction and sentence

9. Cause of Actions

  • Conspiracy to traffic diamorphine
  • Trafficking diamorphine

10. Practice Areas

  • Criminal Law
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Meng Jee v PPCourt of AppealYes[1996] 2 SLR 422SingaporeCited for the rationale for the rule against similar fact evidence and the circumstances where such evidence may be admissible.
Lai Kam Loy & Ors v PPCourt of AppealYes[1994] 1 SLR 787SingaporeCited regarding the method of proving a conspiracy by showing the words and actions of the parties indicate their concert in the pursuit of a common object or design.
Yeo Choon Huat v PPCourt of AppealYes[1998] 1 SLR 217SingaporeCited for the principle that ignorance is a defence only when there is no reason for suspicion and no right and opportunity of examination.
R v LucasQueen's BenchYes[1981] QB 720England and WalesCited for the criteria to determine when a lie told out of court can amount to corroboration.
PP v Yeo Choon PohHigh CourtYes[1994] 2 SLR 867SingaporeCited regarding the distinction between lies which were evidence of guilt and lies which merely touched on creditworthiness.
Tan Hung Yeoh v PPHigh CourtYes[1999] 3 SLR 93SingaporeCited regarding the distinction between lies which were evidence of guilt and lies which merely touched on creditworthiness.
Heng Aik Peng v PPHigh CourtYes[2002] 3 SLR 469SingaporeCited regarding the distinction between lies which were evidence of guilt and lies which merely touched on creditworthiness.
Mahbub Shah v EmperorPrivy CouncilYes(1945) AIR PC 120IndiaCited for the principle that to invoke section 34 successfully, it must be shown that the criminal act complained against was done by one of the accused persons in the furtherance of the common intention of all.
Abdul Rahman bin Yusof & Anor v PPCourt of AppealYes[1996] 3 SLR 15SingaporeCited for the principle that a common intention between two or more accused persons may be inferred from the facts and circumstances of the case.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 1985 Rev Ed)Singapore
Misuse of Drugs Act (Cap 185, 2001 Rev Ed) s 18Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Common intention
  • Conspiracy
  • Drug trafficking
  • Similar fact evidence
  • Voluntariness of statements
  • Presumption of knowledge

15.2 Keywords

  • diamorphine
  • drug trafficking
  • conspiracy
  • common intention
  • Singapore
  • criminal law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law90
Criminal Procedure70
Evidence Law60

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Evidence
  • Criminal Procedure