Public Prosecutor v Khor Soon Lee: Importation of Diamorphine under the Misuse of Drugs Act

In Public Prosecutor v Khor Soon Lee, the High Court of Singapore convicted Khor Soon Lee on December 31, 2009, for importing diamorphine into Singapore, violating the Misuse of Drugs Act. The court found that Khor failed to rebut the statutory presumption that he knew he was importing a controlled drug. The court sentenced Khor to the mandatory death penalty.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

The accused was convicted and the mandatory death sentence was pronounced.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Khor Soon Lee was convicted of importing diamorphine into Singapore under the Misuse of Drugs Act. The court found he failed to rebut the presumption of knowledge.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Peggy Pao of Public Prosecutor
Aedit Abdullah of Public Prosecutor
Ravneet Kaur of Public Prosecutor
Khor Soon LeeDefendantIndividualConvictionLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Peggy PaoPublic Prosecutor
Aedit AbdullahPublic Prosecutor
Ravneet KaurPublic Prosecutor
Pratap KishanKishan & V Suria Partnership
P O RamVijay & Co

4. Facts

  1. The accused was found to be carrying a packet of granular substance containing not less than 27.86 grams of diamorphine.
  2. The accused was stopped at Woodlands Checkpoint while riding a motorcycle from Johor Baru.
  3. The drugs were found in a sling bag in the front carrier basket of the motorcycle.
  4. The accused admitted to delivering drugs into Singapore more than six times for a friend named Tony.
  5. The accused claimed he did not know the package contained heroin.
  6. The accused knew he was carrying other controlled drugs, such as Erimin-5, Ketamine and Ecstasy.
  7. The accused had a criminal record for consumption of Ecstasy in Malaysia.

5. Formal Citations

  1. Public Prosecutor v Khor Soon Lee, CC 38/2009, [2009] SGHC 291

6. Timeline

DateEvent
Accused imported drugs into Singapore at Woodlands Immigration Checkpoint.
Accused was arrested.
Judgment issued.
Appeal allowed by the Court of Appeal.

7. Legal Issues

  1. Importation of Controlled Drugs
    • Outcome: The court found the accused guilty of importing a controlled drug.
    • Category: Substantive
    • Related Cases:
      • [1993] 1 SLR 961
      • [2006] 2 SLR 503
      • [2008] 1SLR 1
  2. Knowledge of Controlled Drug
    • Outcome: The court held that the accused failed to rebut the presumption of knowledge that he was importing diamorphine.
    • Category: Substantive
    • Related Cases:
      • [2006] 2 SLR 503
      • [2008] 1SLR 1

8. Remedies Sought

  1. Conviction
  2. Mandatory Death Sentence

9. Cause of Actions

  • Violation of Section 7 of the Misuse of Drugs Act

10. Practice Areas

  • Criminal Litigation
  • Drug Trafficking

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tse Po Chung Nathan & Anor v PPHigh CourtYes[1993] 1 SLR 961SingaporeCited to define “import” as bringing into Singapore by land, sea, or air, applying to the Misuse of Drugs Act.
Iwuchukwu Amora Toshi & anor v PPHigh CourtYes[2006] 2 SLR 503SingaporeCited for the principle that ignorance is only a defense when there is no reason for suspicion and no right and opportunity for examination.
Tan Kiam Peng v PPCourt of AppealYes[2008] 1SLR 1SingaporeCited for its exposition on wilful blindness in the context of the Misuse of Drugs Act and its presumptions.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185), section 7Singapore
Misuse of Drugs Act (Cap 185), section 33Singapore
Misuse of Drugs Act (Cap 185), section 18(2)Singapore
Criminal Procedure Code (Cap 68), s 122(6)Singapore
Interpretation Act (Cap 1), section 2Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Misuse of Drugs Act
  • Importation
  • Presumption of Knowledge
  • Wilful Blindness
  • Controlled Drug
  • Woodlands Checkpoint

15.2 Keywords

  • Misuse of Drugs Act
  • Diamorphine
  • Importation
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law60
Criminal Procedure50

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Importation of Drugs