Public Prosecutor v Thong Ah Fat: Drug Trafficking - Knowledge of Diamorphine Possession

In Public Prosecutor v Thong Ah Fat, the High Court of Singapore found Thong Ah Fat guilty of drug trafficking. Thong Ah Fat was arrested at Woodlands Checkpoint with 142.41g of diamorphine. The court, presided over by Justice Choo Han Teck, rejected the accused's defense that he believed he was carrying methamphetamine instead of diamorphine. The court sentenced him to death.

1. Case Overview

1.1 Court

High Court

1.2 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

Thong Ah Fat was convicted of drug trafficking after being caught with diamorphine at Woodlands Checkpoint. The court found he knew he was carrying diamorphine.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Isaac Tan of Deputy Public Prosecutors
Samuel Chua of Deputy Public Prosecutors
Nicholas Ngoh of Deputy Public Prosecutors
Thong Ah FatDefendantIndividualAccused found guiltyLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Isaac TanDeputy Public Prosecutors
Samuel ChuaDeputy Public Prosecutors
Nicholas NgohDeputy Public Prosecutors
Boon Khoon LimDora Boon & Company
Dora Chua Siow LeeDora Boon & Company

4. Facts

  1. The accused was a 32-year old Malaysian.
  2. The accused drove to Singapore on 12 January 2009.
  3. 142.41g of diamorphine were found in ten packets wrapped in plastic in the accused's car.
  4. Five packets were found under the driver’s seat.
  5. Five packets were found in a haversack behind the driver’s seat.
  6. The accused claimed he thought he was carrying methamphetamine ('ice').
  7. The accused challenged the admissibility of his statement to SSSgt Koh.

5. Formal Citations

  1. Public Prosecutor v Thong Ah Fat, Criminal Case No 17 of 2010, [2010] SGHC 227

6. Timeline

DateEvent
Accused drove to Singapore and arrived at Woodlands Checkpoint.
Accused's car was searched and diamorphine was found.
Accused's statement recorded by Senior Staff Sergeant Koh Yew Fie.
Accused's statement recorded by Woman Inspector Wong Jin Shan Agnes.
Accused's statement recorded by Woman Inspector Wong Jin Shan Agnes.
Accused's statement recorded by Woman Inspector Wong Jin Shan Agnes.
Accused's statement recorded by Woman Inspector Wong Jin Shan Agnes.
Judgment Date

7. Legal Issues

  1. Knowledge of Possession of Diamorphine
    • Outcome: The court found that the accused knew he was carrying diamorphine.
    • Category: Substantive
  2. Admissibility of Statements
    • Outcome: The court admitted the statement as it was satisfied that it was not made under any threat, inducement, or promise.
    • Category: Procedural

8. Remedies Sought

  1. Conviction
  2. Death Penalty

9. Cause of Actions

  • Drug Trafficking

10. Practice Areas

  • Criminal Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Drug Trafficking
  • Knowledge of Possession
  • Woodlands Checkpoint
  • Methamphetamine
  • Admissibility of Statements

15.2 Keywords

  • Drug Trafficking
  • Diamorphine
  • Singapore
  • Criminal Law
  • High Court

17. Areas of Law

Area NameRelevance Score
Drug Crimes95
Misuse of Drugs Act95
Criminal Law90
Evidence Law70
Criminal Procedure60

16. Subjects

  • Criminal Law
  • Drug Offences