Public Prosecutor v Yong Vui Kong: Drug Trafficking under the Misuse of Drugs Act
In Public Prosecutor v Yong Vui Kong, the High Court of Singapore found Yong Vui Kong guilty of trafficking in 47.27g of diamorphine under s 5(1)(a) of the Misuse of Drugs Act. The court, presided over by Choo Han Teck J, found that Yong Vui Kong failed to rebut the presumption that he had knowledge that the articles in his possession contained the drugs. Yong Vui Kong was sentenced to death.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty as charged and sentenced to suffer death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Yong Vui Kong was found guilty of drug trafficking under the Misuse of Drugs Act and sentenced to death. The court found he failed to rebut the presumption of knowledge.
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 | Peter Koy of Deputy Public Prosecutors Stella Tan of Deputy Public Prosecutors |
| Yong Vui Kong | Defense | Individual | Accused found guilty | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Peter Koy | Deputy Public Prosecutors |
| Stella Tan | Deputy Public Prosecutors |
| Kelvin Lim | Kelvin Lim & Partners |
| Jason Dendroff | J P Dendroff & Co |
4. Facts
- The accused was arrested for trafficking 47.27g of diamorphine.
- The drugs were found in two packets in a Malaysian registered car.
- The accused admitted to delivering packages for his boss but claimed he did not know they contained drugs.
- The court did not find the accused's evidence credible.
- A witness testified that he had previously collected drugs from the accused.
5. Formal Citations
- Public Prosecutor v Yong Vui Kong, , [2009] SGHC 4
6. Timeline
| Date | Event |
|---|---|
| Accused took the car from a man in a condominium in Johor, Malaysia. | |
| Accused was arrested near the Meritus Mandarin Hotel. | |
| Case Number CC 26/2008 | |
| Judgment Date |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of drug trafficking.
- Category: Substantive
- Presumption of Knowledge
- Outcome: The court found that the accused had failed to rebut the presumption that he had knowledge that the articles in his possession contained the drugs.
- Category: Substantive
8. Remedies Sought
- Conviction
- Death Penalty
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 |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185) | Singapore |
| s 5(1)(a) of the Misuse of Drugs Act (Cap 185) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Presumption of Knowledge
- Central Narcotics Bureau
- Controlled Drug
15.2 Keywords
- Drug Trafficking
- Misuse of Drugs Act
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Sentencing | 70 |
| Offences | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Offences