PP v Kwek Seow Hock: Drug Trafficking - Misuse of Drugs Act & Presumption of Trafficking
In Public Prosecutor v Kwek Seow Hock, the High Court of Singapore convicted Kwek Seow Hock of drug trafficking under the Misuse of Drugs Act. Kwek was found in possession of not less than 25.91 grams of diamorphine. The primary legal issue was whether Kwek could rebut the statutory presumption that he possessed the drugs for trafficking purposes by proving he intended to consume a portion of the drugs himself. The court found that Kwek failed to rebut the presumption and convicted him.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Conviction and sentence according to section 33 of the Misuse of Drugs Act.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment reserved.
1.5 Jurisdiction
Singapore
1.6 Description
Kwek Seow Hock was convicted of drug trafficking under the Misuse of Drugs Act. The court found he failed to rebut the presumption of trafficking.
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 | Gordon Oh of Attorney-General’s Chambers Peter Koy of Attorney-General’s Chambers Toh Shin Hao of Attorney-General’s Chambers |
| Kwek Seow Hock | Defendant | Individual | Conviction and sentence | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gordon Oh | Attorney-General’s Chambers |
| Peter Koy | Attorney-General’s Chambers |
| Toh Shin Hao | Attorney-General’s Chambers |
| Thong Chee Kun | Rajah & Tann LLP |
| Foo Cheow Ming | KhattarWong |
4. Facts
- The accused was found in possession of 46 packets containing not less than 25.91 grams of diamorphine.
- The accused admitted that the drugs found in his possession came from Ah Long and he had helped Ah Long deliver to his customers.
- The accused claimed that he intended to retain half of the diamorphine (ie, 23 packets) for his own consumption.
- The accused had $1,200 in his POSB bank account and $2,409.15 was found in his wallet at the time of his arrest.
- The accused testified that Ah Long paid him a commission of $250 to $300 for each delivery of drugs that he made.
- The accused testified that he could pay Ah Long in four to five instalments for the 23 packets of heroin.
- The accused testified that whenever he needed supplies of heroin, he would call Ah Long and within two to three days, he would be able to obtain the heroin for his own consumption.
5. Formal Citations
- Public Prosecutor v Kwek Seow Hock, CC 8/2008, [2009] SGHC 202
6. Timeline
| Date | Event |
|---|---|
| Accused received drugs from Ah Seng. | |
| Accused arrested by CNB officers. | |
| Oral statement recorded from accused. | |
| Accused underwent Instant Urine Test. | |
| Statement recorded from the accused under section 121 of the Criminal Procedure Code. | |
| Accused referred to Changi Prison Hospital for observation of drug withdrawal symptoms. | |
| Accused admitted into the Changi Prison Complex Medical Centre. | |
| Accused discharged from Changi Prison Complex Medical Centre. | |
| Statement recorded from the accused under section 121 of the Criminal Procedure Code. | |
| Statement recorded from the accused under section 121 of the Criminal Procedure Code. | |
| Statement recorded from the accused under section 121 of the Criminal Procedure Code. | |
| Statement recorded from the accused under section 121 of the Criminal Procedure Code. | |
| Health Sciences Authority's analysis showed the sachets contained not less than 25.91grams of diamorphine. | |
| Judgment reserved. |
7. Legal Issues
- Whether the accused could rebut the presumption under s 17 of the Misuse of Drugs Act
- Outcome: The court found that the accused had not succeeded in rebutting the presumption under s 17 of the MDA.
- Category: Substantive
- Sub-Issues:
- Failure to mention defence of consumption in statements to CNB
- Accused's financial means to purchase the drugs
- Accused's rate of consumption of heroin
- Related Cases:
- [1997] 3 SLR 564
- [1997] 2 SLR 348
- [2000] 2 SLR 628
- [1998] 3 SLR 656
- [1996] 1 SLR 253
- [1994] 2 SLR 243
- [2001] SGCA 60
- [1992] 1 SLR 664
- [1996] 3 SLR 29
- [1994] 2 SLR 838
8. Remedies Sought
- Conviction
- Sentencing according to the law stated in s 33 of the MDA
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Fung Choon Kay v PP | High Court | Yes | [1997] 3 SLR 564 | Singapore | Cited for the principle that the fact that the accused was an addict lends support to his defence of consumption but that fact by itself was not conclusive. |
| Tan Chuan Ten & Anor v PP | High Court | Yes | [1997] 2 SLR 348 | Singapore | Cited to show that ample evidence of the accused’s severe addiction does not necessarily mean that the accused had discharged the burden of rebutting the presumption that he had the drugs in his possession for the purpose of trafficking. |
| Lau Lee Peng v PP | Court of Appeal | Yes | [2000] 2 SLR 628 | Singapore | Cited for the principle that the inference to be drawn under s 122(6) and s 123(1) of the CPC against an accused for an omission of a material fact which he could reasonably have been expected to mention at the time the statement was recorded is really a matter of judgment for the trial judge. |
| Yap Giau Beng Terence v PP | High Court | Yes | [1998] 3 SLR 656 | Singapore | Cited for the principle that the whole purpose of s 123 is to compel the accused to outline the main aspects of his defence immediately upon being charged so as to guard against the accused raising defences at trial which are merely afterthoughts. |
| Lim Lye Huat Benny v PP | Court of Appeal | Yes | [1996] 1 SLR 253 | Singapore | Cited for the principle that an adverse inference can also similarly be drawn against the accused for failing to mention his defence in his s 121 statements. |
| Garnam Singh v PP | Court of Appeal | Yes | [1994] 2 SLR 243 | Singapore | Cited for the principle that in order for the withdrawal symptoms to affect his medical and psychological condition to render any statement involuntary, the accused must be in a state of “near delirium”, that is to say, “that his mind did not go with the statements he was making”. |
| Mohamad Noor bin Abdullah v PP | Court of Appeal | Yes | [2001] SGCA 60 | Singapore | Cited to show an example of a case where the amount of heroin purportedly meant for his own consumption was exorbitant. |
| PP v Ng Chong Teck | High Court | Yes | [1992] 1 SLR 664 | Singapore | Cited to show an example of a case where the amount of heroin purportedly meant for his own consumption was exorbitant. |
| Jusri bin Mohamed Hussain v PP | High Court | Yes | [1996] 3 SLR 29 | Singapore | Cited for the principle that before any meaningful apportionment can be made, there must be credible evidence that part of the drugs found were meant for self-consumption. |
| Govindarajulu & Anor v PP | High Court | Yes | [1994] 2 SLR 838 | Singapore | Cited for the principle that the trial judge was entitled to rely on these omissions in disbelieving the accused’s defence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap. 185, 2008 Rev Ed Sing) | Singapore |
| s 5(1)(a) read with s 5(2) of the MDA | Singapore |
| s 33 of the MDA | Singapore |
| s 17(c) of the MDA | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed Sing) | Singapore |
| section 121 of the Criminal Procedure Code | Singapore |
| s 123(1) of the CPC | Singapore |
| s 122(6) of the CPC | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Heroin
- Drug Trafficking
- Misuse of Drugs Act
- Presumption of Trafficking
- Defence of Consumption
- Straws
- Consignment
- Withdrawal Symptoms
15.2 Keywords
- Drug Trafficking
- Misuse of Drugs Act
- Diamorphine
- Heroin
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 100 |
| Criminal Law | 90 |
| Evidence Law | 60 |
| Criminal Procedure | 50 |
| Theft | 10 |
| Antitrust and Trade Regulation | 5 |
16. Subjects
- Criminal Law
- Drug Trafficking