Public Prosecutor v Wilkinson: Importation of Diamorphine & Misuse of Drugs Act
In Public Prosecutor v Wilkinson a/l Primus, the High Court of Singapore convicted Wilkinson a/l Primus on December 29, 2009, for importing not less than 35.66 grams of diamorphine into Singapore, in violation of the Misuse of Drugs Act. The court found that Wilkinson either knew or chose not to know that he was importing a controlled drug, thereby failing to rebut the presumption of knowledge under the Act. The mandatory death sentence was pronounced.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Convicted
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Wilkinson was convicted of importing diamorphine into Singapore, violating the Misuse of Drugs Act. The court found he knew or chose not to know about the drugs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Gillian Koh, John Lu ZhuoRen |
| Wilkinson a/l Primus | Defendant | Individual | Convicted | Lost | Shashi Nathan, Tania Chin, Jeeva Joethy |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gillian Koh | Public Prosecutor |
| John Lu ZhuoRen | Public Prosecutor |
| Shashi Nathan | Harry Elias Partnership |
| Tania Chin | Harry Elias Partnership |
| Jeeva Joethy | Joethy & Co |
4. Facts
- The accused was found to be carrying a bundle containing not less than 35.66 grams of diamorphine.
- The accused was arrested at Woodlands Checkpoint after arriving from Johor Baru on a motorcycle.
- The accused initially claimed he did not know what was in the bundle.
- The accused later claimed he was told the package contained Chinese medicine.
- The accused was to deliver the bundle to a carpark near a McDonald’s restaurant.
- The accused admitted to lying to CNB officers about not knowing the contents of the package.
- The accused was promised RM2,000 for delivering the package.
5. Formal Citations
- Public Prosecutor v Wilkinson a/l Primus, CC 42/2009, [2009] SGHC 289
6. Timeline
| Date | Event |
|---|---|
| Accused born | |
| Accused imported drugs into Singapore | |
| Accused arrested at Woodlands Checkpoint | |
| Judgment issued |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found the accused guilty of importing a controlled drug.
- Category: Substantive
- Related Cases:
- [1993] 1 SLR 961
- [2008] 1 SLR 1
- Knowledge of Importing Controlled Drugs
- Outcome: The court found that the accused either knew or chose not to know that he was importing a controlled drug, failing to rebut the presumption of knowledge.
- Category: Substantive
- Related Cases:
- [2008] 1 SLR 1
8. Remedies Sought
- Conviction
- Mandatory Death Sentence
9. Cause of Actions
- Violation of Section 7 of the Misuse of Drugs Act
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tse Po Chung Nathan & Anor v PP | Court of Appeal | Yes | [1993] 1 SLR 961 | Singapore | Cited to support the application of the definition of 'import' from the Interpretation Act to the Misuse of Drugs Act. |
| Tan Kiam Peng v PP | Court of Appeal | Yes | [2008] 1 SLR 1 | Singapore | Cited for the exposition on wilful blindness. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Cap 185, section 7 | Singapore |
| Misuse of Drugs Act, section 33 | Singapore |
| Misuse of Drugs Act, section 18(2) | Singapore |
| Criminal Procedure Code, section 122(6) | Singapore |
| Interpretation Act (Cap 1), section 2 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Importation
- Misuse of Drugs Act
- Woodlands Checkpoint
- Wilful Blindness
- Presumption of Knowledge
15.2 Keywords
- Diamorphine
- Drug Importation
- Singapore Law
- Misuse of Drugs Act
- Criminal
- Drugs
16. Subjects
- Criminal Law
- Drug Trafficking
17. Areas of Law
- Criminal Law
- Statutory Offences
- Misuse of Drugs Act