Loh Yun Xin v Public Prosecutor: Appeal Against Sentence for Drug Offences
Loh Yun Xin was sentenced on 29 August 2008 in the High Court of Singapore after pleading guilty to four charges under the Misuse of Drugs Act, Chapter 185. He was sentenced to a total of nine years imprisonment with effect from 7 June 2008 and was also ordered to be given five strokes of the cane. Loh Yun Xin applied for leave to appeal out of time against the trafficking charge. The High Court dismissed his application for leave to appeal out of time.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application for leave to appeal out of time was dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Loh Yun Xin appeals against his sentence for drug offences under the Misuse of Drugs Act. The High Court dismissed his application for leave to appeal out of time.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Won | Kan Shuk Weng of Deputy Public Prosecutor |
| Loh Yun Xin | Applicant | Individual | Application for leave to appeal out of time was dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kan Shuk Weng | Deputy Public Prosecutor |
4. Facts
- The applicant was sentenced on 29 August 2008 on four charges after he pleaded guilty to them.
- The charges were in relation to offences under the Misuse of Drugs Act, Chapter 185.
- One charge was for possession of 0.45g of Ketamine for the purpose of trafficking.
- One was for possession of 2.33g of Ketamine.
- One was for possession of 0.93g of ecstasy tablets.
- One was for consumption of methamphetamine.
- He was sentenced to a total of nine years imprisonment with effect from 7 June 2008 and was also ordered to be given five strokes of the cane.
5. Formal Citations
- Loh Yun Xin v Public Prosecutor, Cr M 27/2008, [2008] SGHC 197
6. Timeline
| Date | Event |
|---|---|
| Imprisonment sentence effective from this date | |
| Applicant was sentenced on four charges | |
| Time for appeal lapsed | |
| Applicant informed prison authority of wish to appeal | |
| Application filed | |
| Application for leave to appeal out of time was dismissed |
7. Legal Issues
- Appeal out of time
- Outcome: Application for leave to appeal out of time was dismissed.
- Category: Procedural
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
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, Chapter 185 | Singapore |
| Criminal Procedure Code, Chapter 68 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Misuse of Drugs Act
- Ketamine
- Ecstasy
- Methamphetamine
- Trafficking
- Appeal out of time
15.2 Keywords
- Drug offences
- Misuse of Drugs Act
- Appeal
- Sentencing
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Drug Crimes | 90 |
| Criminal Procedure | 90 |
| Sentencing | 80 |
| Theft | 10 |
16. Subjects
- Criminal Law
- Drug Offences
- Criminal Procedure