Public Prosecutor v Leong Soy Yip: Trafficking Diamorphine under Misuse of Drugs Act
In Public Prosecutor v Leong Soy Yip and Yip Mun Hei, the High Court of Singapore convicted Leong Soy Yip and Yip Mun Hei on charges of trafficking diamorphine under the Misuse of Drugs Act. The court found both accused guilty beyond reasonable doubt, leading to the imposition of the mandatory death sentence. Leong was found to be in possession of not less than 18.43 grams of diamorphine for the purpose of trafficking, and Yip was found to have delivered the diamorphine to Leong.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Both accused convicted on their respective charges; mandatory death sentence passed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Leong Soy Yip and Yip Mun Hei were convicted of trafficking diamorphine under the Misuse of Drugs Act, leading to mandatory death sentences.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Tan Kiat Pheng of Public Prosecutor Samuel Chua of Public Prosecutor |
| Leong Soy Yip | Defendant | Individual | Conviction | Lost | |
| Yip Mun Hei | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Kiat Pheng | Public Prosecutor |
| Samuel Chua | Public Prosecutor |
| Peter Ong Lip Cheng | Peter Ong and Raymond Tan |
| Laurence Goh Eng Yau | Laurence Goh Eng Yau & Co |
| Wee Pan Lee | Wee Tay & Lim |
| Francis Ow Sin Min | Archilex Law Corporation |
4. Facts
- CNB officers received information that Yip would deliver heroin to Leong.
- Yip handed two plastic bags to Leong near Block 413 Ang Mo Kio Avenue 10.
- Leong was found with 31 small packets containing not less than 18.43 grams of diamorphine.
- Yip's car was found to contain several Da Wang Bao packets containing white granular substance.
- Leong admitted to selling heroin and receiving drug supplies from a Malaysian syndicate.
- Yip admitted to working as a drug courier and delivering drugs to Leong on multiple occasions.
5. Formal Citations
- Public Prosecutor v Leong Soy Yip and Another, CC 12/2009, [2009] SGHC 221
6. Timeline
| Date | Event |
|---|---|
| Leong Soy Yip and Yip Mun Hei arrested for drug trafficking. | |
| Judgment delivered by the High Court. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found both accused guilty of drug trafficking.
- Category: Substantive
- Presumption of Knowledge
- Outcome: The court applied the presumption that the accused knew the packets contained diamorphine.
- Category: Substantive
- Related Cases:
- [2001] 3 SLR 534
- Presumption of Trafficking
- Outcome: The court applied the presumption that Leong possessed the drugs for the purpose of trafficking.
- Category: Substantive
- Related Cases:
- [2001] 3 SLR 534
- Wilful Blindness
- Outcome: The court found that Yip's wilful blindness was equivalent to actual knowledge.
- Category: Substantive
- Related Cases:
- [2008] 1 SLR 1
8. Remedies Sought
- Conviction
- Mandatory Death Sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ramis A/L Muniandy v PP | High Court | Yes | [2001] 3 SLR 534 | Singapore | Cited regarding the presumption of possession for the purpose of trafficking under the Misuse of Drugs Act. |
| Tan Kiam Peng v PP | High Court | Yes | [2008] 1 SLR 1 | Singapore | Cited regarding wilful blindness being equivalent to actual knowledge in drug trafficking cases. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Misuse of Drugs Act
- CNB
- Da Wang Bao
- Boogie BBQ
- Malaysian Syndicate
- Drug Courier
- Wilful Blindness
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 100 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Evidence | 40 |
16. Subjects
- Criminal Law
- Drug Offences
- Statutory Interpretation