Yeoh Aik Wei v PP: Import of Diamorphine & Presumption of Knowledge

In Yeoh Aik Wei v Public Prosecutor, the Court of Appeal of Singapore heard an appeal by Yeoh Aik Wei against his conviction for unauthorized import of 327.59 grams of diamorphine. Yeoh was sentenced to death. The primary legal issue was whether Yeoh had successfully rebutted the presumption of knowledge under the Misuse of Drugs Act. The Court of Appeal dismissed the appeal, finding that Yeoh knew he was carrying diamorphine into Singapore.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Yeoh Aik Wei appeals conviction for unauthorized import of diamorphine. The court examines if the presumption of knowledge was rebutted.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWon
Hamidul Haq of Public Prosecutor
Yeoh Aik WeiAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of AppealYes
Judith PrakashJudgeNo
Yong Pung HowChief JusticeNo

4. Counsels

Counsel NameOrganization
Hamidul HaqPublic Prosecutor
Peter FernandoLeo Fernando & Partners
Moh Yong Chee Chuen AlanTan Peng Chin LLC

4. Facts

  1. Yeoh resided in Johore and worked in Singapore, commuting daily.
  2. On 7 March 2002, Yeoh drove a Malaysian-registered car from Johore into Singapore.
  3. Customs officers found eight bundles of granular substance in the car's boot.
  4. The bundles contained 327.59 grams of diamorphine.
  5. Yeoh claimed he was asked by Tua Pui to drive the car to Singapore for $200.
  6. Yeoh initially stated he thought the bundles contained Ecstasy tablets.
  7. A handwritten note in Chinese was found on Yeoh at the time of his arrest.

5. Formal Citations

  1. Yeoh Aik Wei v Public Prosecutor and Another Case, Cr App 14/2002, CC 48/2002, [2003] SGCA 4

6. Timeline

DateEvent
Tua Pui gave Yeoh an ultimatum to drive a car to Singapore or pay up the loan.
Yeoh drove a car from Johore into Singapore and stopped at the Woodlands Checkpoint.
Yeoh was arrested for unauthorized import of diamorphine.
Appeal heard.
Appeal dismissed.

7. Legal Issues

  1. Unauthorised import of controlled drug
    • Outcome: The court found the appellant guilty of unauthorized import of a controlled drug.
    • Category: Substantive
  2. Presumption of knowledge
    • Outcome: The court held that the appellant failed to rebut the presumption of knowledge.
    • Category: Substantive

8. Remedies Sought

  1. Appeal against conviction and sentence

9. Cause of Actions

  • Unauthorised import of controlled drug

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Hla WinUnknownYes[1995] 2 SLR 424SingaporeCited to compare circumstances sufficient to warrant an inference that an accused person has turned a blind eye.
Yeo Choon Huat v PPUnknownYes[1998] 1 SLR 217SingaporeCited to compare circumstances sufficient to warrant an inference that an accused person has turned a blind eye.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185) s 18(2)Singapore
Misuse of Drugs Act (Cap 185) s 21Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Controlled drug
  • Presumption of knowledge
  • Misuse of Drugs Act
  • Import
  • Tua Pui
  • Woodlands Checkpoint

15.2 Keywords

  • Diamorphine
  • Drugs
  • Singapore
  • Import
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Misuse of Drugs Act95
Illegal importation of controlled drugs90
Evidence60

16. Subjects

  • Criminal Law
  • Drug Trafficking