PP v Choa Joo Liang: Trafficking of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Choa Joo Liang, the High Court of Singapore found Choa Joo Liang guilty of trafficking in diamorphine under the Misuse of Drugs Act. The court addressed issues regarding the handling of drug evidence and discrepancies in photographs of the seized drugs. Despite these issues, the court found sufficient evidence to convict Choa Joo Liang and sentenced him to death.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty and sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Choa Joo Liang was convicted of trafficking diamorphine under the Misuse of Drugs Act. The High Court addressed issues with drug evidence handling and photographic discrepancies.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Ravneet Kaur, Wayne Koh |
| Choa Joo Liang | Defendant | Individual | Convicted | Lost | Kelvin Lim, Loo Khee Sheng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ravneet Kaur | Deputy Public Prosecutors |
| Wayne Koh | Deputy Public Prosecutors |
| Kelvin Lim | Kelvin Lim and Partners |
| Loo Khee Sheng | K S Loo and Co |
4. Facts
- CNB officers raided the apartment of the accused and his girlfriend.
- The accused was found squatting in the toilet with packets of granular substance.
- The granular substance was later found to contain 103.15 grams of diamorphine.
- The accused admitted the drugs were his and intended for sale and personal consumption.
- Drug trafficking paraphernalia was found in the master bedroom.
- The accused disclosed he obtained the heroin from a Malaysian Chinese known as 'Ah Hoe'.
5. Formal Citations
- Public Prosecutor v Choa Joo Liang, CC 21/2004, [2004] SGHC 271
6. Timeline
| Date | Event |
|---|---|
| Accused trafficked controlled drug at Block 537 Bukit Panjang Ring Road. | |
| Judgment delivered. |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The accused was found guilty of trafficking in diamorphine.
- Category: Substantive
- Admissibility of Drug Evidence
- Outcome: The court addressed concerns about the handling of drug evidence but found the evidence admissible.
- Category: Procedural
- Admissibility of Photographic Evidence
- Outcome: The court addressed concerns about the color discrepancy in the photographs of the drugs but found the evidence admissible.
- Category: Procedural
8. Remedies Sought
- Conviction
- Capital Punishment
9. Cause of Actions
- Trafficking in Controlled Drugs
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2001 Rev Ed) | Singapore |
| Sections 5(1)(a) and 5(2) Misuse of Drugs Act (Cap 185, 2001 Rev Ed) | Singapore |
| Section 33 of the Misuse of Drugs Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- CNB
- Health Sciences Authority
- Granular Substance
- Drug Paraphernalia
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Misuse of Drugs Act
- Criminal Law
16. Subjects
- Criminal Law
- Drug Trafficking
- Evidence
17. Areas of Law
- Criminal Law
- Statutory Offences
- Drug Trafficking
- Evidence