Teo Cheow Kim v Public Prosecutor: Trafficking of Diamorphine and Chain of Custody
In Teo Cheow Kim v Public Prosecutor, the Court of Appeal of Singapore heard an appeal by Teo Cheow Kim against his conviction for trafficking in diamorphine. The High Court had convicted Teo under the Misuse of Drugs Act. The Court of Appeal, after reviewing the evidence, found no basis to disturb the trial judge's findings and dismissed the appeal, affirming the conviction and sentence.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Teo Cheow Kim was convicted of trafficking diamorphine. The Court of Appeal dismissed his appeal, finding no break in the chain of custody.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Teo Cheow Kim | Appellant | Individual | Appeal Dismissed | Lost | Nadesan Ganesan, Alan Moh |
| Public Prosecutor | Respondent | Government Agency | Conviction Affirmed | Won | Janet Wang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of Appeal | No |
| V K Rajah | Justice of Appeal | Yes |
| Tan Lee Meng | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nadesan Ganesan | Chan Kwek & Chong |
| Alan Moh | Alan Moh & Co |
| Janet Wang | Attorney-General's Chambers |
4. Facts
- The appellant was found in possession of 30.37g of diamorphine.
- The appellant admitted to knowing the substance was heroin.
- The appellant agreed to deliver the drugs for $3,000.
- The appellant was under surveillance by CNB officers.
- The drugs were found in a yellow plastic bag carried by the appellant.
- The appellant's drugs were photographed in the presence of the appellant and Lim Hock Kim.
- The appellant never challenged the weight of the drugs when they were weighed in his presence.
5. Formal Citations
- Teo Cheow Kim v Public Prosecutor, Cr App 7/2007, [2008] SGCA 2
6. Timeline
| Date | Event |
|---|---|
| Appellant visited Johor Baru and met Ah Tee | |
| Appellant collected 'bei hoon' at Bedok Reservoir Road | |
| Appellant concealed the 'bei hoon' at his cousin’s shophouse | |
| Appellant was arrested at Race Course Road | |
| Appellant's statement was recorded by ASP Lim | |
| Appellant's further statement was recorded by ASP Lim | |
| Trial began | |
| Appeal dismissed |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court upheld the conviction for trafficking in diamorphine.
- Category: Substantive
- Chain of Custody
- Outcome: The court found no break in the chain of custody of the drugs.
- Category: Procedural
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Trafficking in Controlled Drugs
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chew Seow Leng v PP | Court of Appeal | Yes | [2005] SGCA 11 | Singapore | Cited for the principle that an appellate court will not disturb findings of fact made by the trial judge unless they are plainly wrong. |
| Lim Ah Poh v PP | N/A | Yes | [1992] 1 SLR 713 | Singapore | Cited for the principle that an appellate court has to pay due regard to the trial judge’s findings and reasons. |
| Ameer Akbar v Abdul Hamid | N/A | Yes | [1997] 1 SLR 113 | Singapore | Cited for the principle that an appellate court has to pay due regard to the trial judge’s findings and reasons. |
| Yap Giau Beng Terence v PP | N/A | Yes | [1998] 3 SLR 656 | Singapore | Cited for the principle that an appellate court will give weight to the trial judge’s assessment of the credibility and veracity of the witnesses. |
| PP v Teo Cheow Kim | High Court | Yes | [2007] SGHC 70 | Singapore | The High Court decision under appeal, where the appellant was originally convicted. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Chain of Custody
- Misuse of Drugs Act
- CNB
- Bei Hoon
- Controlled Drug
15.2 Keywords
- Diamorphine
- Drug Trafficking
- Singapore
- Criminal Law
- Appeal
- Chain of Custody
16. Subjects
- Criminal Law
- Drug Trafficking
17. Areas of Law
- Criminal Law
- Criminal Procedure
- Sentencing
- Drug Trafficking