Public Prosecutor v Chew Seow Leng: Drug Trafficking, Mandatory Death Penalty & Equal Protection

In Public Prosecutor v Chew Seow Leng, the High Court of Singapore convicted Chew Seow Leng on 08 September 2004 for drug trafficking under the Misuse of Drugs Act. Chew was found in possession of 226.57g of diamorphine. The court amended the charge to reflect its finding that more than 15g of the drugs were for trafficking purposes. The court also addressed and rejected the defense's argument that the mandatory death penalty violates Article 12 of the Constitution, which guarantees equal protection under the law. The court ultimately found Chew guilty and sentenced him to death.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused convicted on amended charge and sentenced to death

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Chew Seow Leng was convicted of drug trafficking, possessing 226.57g of diamorphine. The court addressed the constitutionality of the mandatory death penalty.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWonNor'ashikin Samdin, Woo Ka Wai, Abigail E Ng, Han Ming Kuang
Chew Seow LengAccusedIndividualConvicted and Sentenced to DeathLostR S Bajwa, Mahmood Gaznavi

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Nor'ashikin SamdinDeputy Public Prosecutors
Woo Ka WaiDeputy Public Prosecutors
Abigail E NgDeputy Public Prosecutors
Han Ming KuangDeputy Public Prosecutors
R S BajwaBajwa and Co
Mahmood GaznaviMahmood Gaznavi and Partners

4. Facts

  1. Accused was found in possession of 226.57g of diamorphine.
  2. Accused admitted ownership of the drugs.
  3. Accused claimed he obtained the heroin from Lau Tee and paid $30,000.
  4. Drug paraphernalia, including a weighing scale and empty plastic packets, were found in the apartment.
  5. Two men were arrested in the apartment and testified about consuming heroin with the accused.
  6. Accused claimed he consumed about 7.5g of heroin per day.
  7. The court amended the charge to reflect that more than 15g of diamorphine were for trafficking.

5. Formal Citations

  1. Public Prosecutor v Chew Seow Leng, CC 28/2004, [2004] SGHC 227

6. Timeline

DateEvent
Accused arrested with diamorphine in taxi and apartment
Accused's statement recorded by Senior Station Inspector Siew Sai Lone
Accused's statement recorded by Senior Staff Sergeant Tony Ng
Accused examined by Dr. Choong Yih Li at Alexandra Hospital
Accused warded at Changi Prison Hospital
ASP Goh marked exhibits before sending them to the Health Sciences Authority
ASP Goh sent exhibits to the Health Sciences Authority
Accused discharged from Changi Prison Hospital
Accused underwent pre-statement medical examination at Alexandra Hospital
Decision Date
Close of Prosecution’s case

7. Legal Issues

  1. Drug Trafficking
    • Outcome: The court found the accused guilty of drug trafficking, determining that the presumption of trafficking was not rebutted.
    • Category: Substantive
    • Sub-Issues:
      • Possession of controlled drugs
      • Presumption of trafficking
      • Rebuttal of presumption
  2. Equal Protection of the Law
    • Outcome: The court held that the mandatory death penalty does not violate the equal protection clause of the Constitution.
    • Category: Constitutional
    • Sub-Issues:
      • Mandatory death penalty
      • Violation of constitutional rights
  3. Chain of Custody
    • Outcome: The court found no significant gaps in the chain of custody of the drug exhibits.
    • Category: Procedural
    • Sub-Issues:
      • Gaps in evidence
      • Integrity of drug exhibits

8. Remedies Sought

  1. Conviction
  2. Sentencing

9. Cause of Actions

  • Drug Trafficking
  • Possession of Controlled Drugs

10. Practice Areas

  • Criminal Law
  • Constitutional Law
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Dahalan bin LadaewaHigh CourtYes[1996] 1 SLR 783SingaporeDoubted whether the severity of drug addiction could be determined by reference to the severity of withdrawal.
PP v Dahalan bin LadaewaCourt of AppealYes[1995] SGCA 87SingaporeUpheld the High Court's decision regarding the determination of drug addiction severity.
Jusri bin Mohamed Hussain v PPUnknownYes[1996] 3 SLR 29SingaporeEstablished the requirement for credible evidence for apportionment of drugs between consumption and trafficking.
Yeo Hee Seng v PPUnknownYes[1995] 1 SLR 193SingaporeCited as precedent for amending the charge to include the quantity of drugs for trafficking.
PP v Nguyen Tuong VanUnknownYes[2004] 2 SLR 328SingaporeAddressed the constitutionality of the mandatory death penalty under the Misuse of Drugs Act.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2001 Rev Ed)Singapore
Section 5(1)(a) Misuse of Drugs ActSingapore
Section 5(2) Misuse of Drugs ActSingapore
Section 17(c) Misuse of Drugs ActSingapore
Section 33 Misuse of Drugs ActSingapore
Article 12 Constitution of the Republic of Singapore (1999 Rev Ed)Singapore
Criminal Procedure Code (Cap 68, 1985 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Drug trafficking
  • Mandatory death penalty
  • Equal protection
  • Presumption of trafficking
  • Chain of custody
  • Drug withdrawal symptoms
  • Loan sharks
  • Repacking
  • Street value

15.2 Keywords

  • Drug trafficking
  • Diamorphine
  • Mandatory death penalty
  • Singapore
  • Misuse of Drugs Act
  • Constitutional Law
  • Equal protection

16. Subjects

  • Criminal Law
  • Constitutional Law
  • Drug Trafficking

17. Areas of Law

  • Criminal Law
  • Constitutional Law
  • Criminal Procedure and Sentencing
  • Evidence
  • Drug Trafficking