PP v Ng Beng Siang: Conspiracy to Traffic Diamorphine - Misuse of Drugs Act

In Public Prosecutor v Ng Beng Siang, Rosdi Bin Pungot, and Roseley Bin Sidin, the High Court of Singapore heard charges against the three accused for conspiracy to traffic in diamorphine under the Misuse of Drugs Act. Ng Beng Siang was charged with abetting the commission of trafficking by Rosdi and Roseley, who were charged with possessing diamorphine for the purpose of trafficking. The court found all three accused guilty and imposed the mandatory death sentence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Guilty verdict; mandatory death sentence imposed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Ng Beng Siang, Rosdi Bin Pungot, and Roseley Bin Sidin were charged with conspiracy to traffic diamorphine. The court found them guilty and imposed the mandatory death sentence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyGuilty verdictWon
Ng Cheng Thiam of Deputy Public Prosecutors
Jared Pereira of Deputy Public Prosecutors
Laura Liu of Deputy Public Prosecutors
Ng Beng SiangDefendantIndividualGuilty verdict; mandatory death sentence imposedLost
Rosdi Bin PungotDefendantIndividualGuilty verdict; mandatory death sentence imposedLost
Roseley Bin SidinDefendantIndividualGuilty verdict; mandatory death sentence imposedLost

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Ng Cheng ThiamDeputy Public Prosecutors
Jared PereiraDeputy Public Prosecutors
Laura LiuDeputy Public Prosecutors
Chia Jin Chong DanielW P Da Silva & Company
Lawrence WongLawrence Wong & Partners
S S DhillonDhillon Dendroff & Partners
Ramli SalehkonRamli & Co
Boon Khoon LimDora Boon & Co
Syed Ahmad AlsreeBilly & Alsree

4. Facts

  1. Ng Beng Siang conspired with Rosdi Bin Pungot and Roseley Bin Sidin to traffic in diamorphine.
  2. Ng Beng Siang drove a car from Malaysia into Singapore to transport and deliver controlled drugs.
  3. Rosdi Bin Pungot and Roseley Bin Sidin took possession of the controlled drugs for trafficking.
  4. All three accused were arrested on 27 March 2002 by officers of the Central Narcotics Bureau.
  5. Statements were recorded from the three accused persons during investigations.
  6. The first accused admitted to giving a bag to two Malays containing heroin.
  7. The second accused claimed he was instructed by Rahman to collect the bundles and deliver them to Boy, thinking they were gold bars.

5. Formal Citations

  1. Public Prosecutor v Ng Beng Siang and Others, CC 47/2002, [2003] SGHC 10

6. Timeline

DateEvent
Accused persons arrested by CNB officers.
Ng Beng Siang gave a statement to SI See in the car.
Ng Beng Siang made a cautioned statement.
Insp Halim recorded statements from Ng Beng Siang.
Insp Halim recorded a statement from Ng Beng Siang.
Insp Halim recorded an investigation statement from Rosdi Bin Pungot.
Insp Halim recorded an investigation statement from Roseley Bin Sidin.
A further investigation statement was recorded from Rosdi Bin Pungot.
Roseley Bin Sidin's statement was continued.
Two other statements recorded from Roseley Bin Sidin.
Another statement recorded from Roseley Bin Sidin.
Decision Date

7. Legal Issues

  1. Conspiracy to traffic in controlled drugs
    • Outcome: The court found the accused guilty of conspiracy to traffic in controlled drugs.
    • Category: Substantive
  2. Admissibility of Accused's Statements
    • Outcome: The court found that the statements recorded by SI See and the inspector were voluntary statements and admitted them as evidence.
    • Category: Procedural

8. Remedies Sought

  1. Conviction
  2. Sentencing

9. Cause of Actions

  • Conspiracy to traffic in controlled drugs
  • Abetment of trafficking in controlled drugs

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Kulwant v PPN/AYes[1986] SLR 239SingaporeCited regarding pre-trial discovery of statements.
Tay Kok Poh Ronnie v PPN/AYes[1996] 1 SLR 185SingaporeCited regarding furnishing statements to an accused person after he has given his evidence.
R v Lucas (Ruth)N/AYes[1981] QB 720N/ACited for the test regarding false statements made out of court providing corroboration to an accomplice's evidence.
PP v Yeo Choon PohCourt of Criminal AppealYes[1994] 2 SLR 867SingaporeCited for approving the four-fold test in R v Lucas.
Tan Hung Yeoh v PPN/AYes[1999] 3 SLR 93SingaporeCited for the principle that lies that meet the Lucas test can be treated as corroborative evidence of guilt.
Heng Aik Peng v PPN/AYes[2002] 3 SLR 469SingaporeCited for the distinction between relying on an accused's lies as evidence of guilt and forming a view that his evidence is not creditworthy because of certain lies.
Er Joo Nguang v PPN/AYes[2000] 2 SLR 645SingaporeCited for the criteria in Lucas.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act, Chapter 185, section 5(1)(a)Singapore
Misuse of Drugs Act, Chapter 185, section 12Singapore
Misuse of Drugs Act, Chapter 185, section 33Singapore
Misuse of Drugs Act, Chapter 185, section 5(2)Singapore
Penal Code, Chapter 224, section 34Singapore
Criminal Procedure Code (Cap 68, 1985 Rev Ed), section 121Singapore
Misuse of Drugs Act (Cap 185, 2001 Rev Ed), section 32Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Drug trafficking
  • Conspiracy
  • Central Narcotics Bureau
  • Statements
  • Voir dire
  • Haversack
  • Controlled drug

15.2 Keywords

  • Drug trafficking
  • Heroin
  • Conspiracy
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Procedure90
Sentencing80
Criminal Law70
Criminal conspiracy60

16. Subjects

  • Criminal Law
  • Drug Offences