PP v Kester Ng: Trafficking of Diamorphine under Misuse of Drugs Act
In Public Prosecutor v Kester Ng Wei Ren, the High Court of Singapore convicted Kester Ng of trafficking in diamorphine under section 5(1)(a) read with section 5(2) of the Misuse of Drugs Act. The court found that Ng possessed not less than 23.38 grams of diamorphine for the purpose of trafficking, rejecting his defense that a portion of the drugs was intended for personal consumption. The court sentenced him according to section 33 of the Misuse of Drugs Act.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted and sentenced according to the law as stated in section 33 of the Misuse of Drugs Act.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment reserved
1.5 Jurisdiction
Singapore
1.6 Description
Kester Ng was convicted of trafficking diamorphine under the Misuse of Drugs Act. The court found he possessed the drugs for trafficking purposes.
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 | Hay Hung Chun, Christopher Tan, Luke Tang |
| Kester Ng Wei Ren | Defendant | Individual | Conviction | Lost | Manoj Prakash Nandwani, Liew Hwee Tong Eric |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hay Hung Chun | Attorney-General's Chambers |
| Christopher Tan | Attorney-General's Chambers |
| Luke Tang | Attorney-General's Chambers |
| Manoj Prakash Nandwani | Gabriel Law Corporation |
| Liew Hwee Tong Eric | Gabriel Law Corporation |
4. Facts
- Accused was arrested on 12 August 2008 near Aston Mansion in Geylang.
- Accused possessed 31 packets of granular substance containing 23.38 grams of diamorphine.
- Accused claimed the 3 bundles of heroin were for personal consumption, not trafficking.
- Accused had a history of drug use and prior drug consignments.
- Accused's urine tested positive for amphetamine, benzodiazepines, and opiates.
- Accused owed 'Ah Man' a substantial sum of money for previous drug purchases.
- Accused changed his position during trial regarding his ability to afford the drugs.
5. Formal Citations
- Public Prosecutor v Kester Ng Wei Ren, Criminal Case No 43 of 2009, [2010] SGHC 28
6. Timeline
| Date | Event |
|---|---|
| Accused arrested at Geylang for drug trafficking | |
| First statement recorded from the accused | |
| Second statement recorded from the accused | |
| Accused medically examined | |
| Cautioned statement recorded from the accused | |
| Accused admitted to Complex Medical Centre | |
| Accused discharged from Complex Medical Centre | |
| Third statement recorded from the accused | |
| Fourth statement recorded from the accused | |
| Fifth statement recorded from the accused | |
| Criminal Case No 43 of 2009 | |
| Judgment reserved |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of drug trafficking.
- Category: Substantive
- Rebuttal of Statutory Presumption
- Outcome: The court found that the accused failed to rebut the presumption under section 17(c) of the Misuse of Drugs Act.
- Category: Substantive
- Adverse Inference
- Outcome: The court drew an adverse inference from the accused's failure to mention his defense in his statements.
- Category: Procedural
- Related Cases:
- [1998] 2 SLR(R) 855
- [1995] 3 SLR(R) 689
8. Remedies Sought
- Conviction
- Sentencing
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 |
|---|---|---|---|---|---|
| Yap Giau Beng Terrence v Public Prosecutor | High Court | Yes | [1998] 2 SLR(R) 855 | Singapore | Cited regarding adverse inference from failure to mention defense in cautioned statement. |
| Lim Lye Huat Benny v Public Prosecutor | High Court | Yes | [1995] 3 SLR(R) 689 | Singapore | Cited regarding adverse inferences for section 121 statements. |
| Lau Lee Peng v Public Prosecutor | High Court | Yes | [2000] 1 SLR(R) 448 | Singapore | Cited regarding adverse inference depends on the totality of the evidence. |
| Fung Choon Kay v PP | High Court | Yes | [1997] 2 SLR(R) 547 | Singapore | Cited regarding the fact that an accused was an addict was not in itself conclusive of the defence of consumption. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Chapter 185 | Singapore |
| Misuse of Drugs Act, Chapter 185, section 5(1)(a) | Singapore |
| Misuse of Drugs Act, Chapter 185, section 5(2) | Singapore |
| Misuse of Drugs Act, Chapter 185, section 33 | Singapore |
| Misuse of Drugs Act, Chapter 185, section 17(c) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed), section 121 | Singapore |
| Criminal Procedure Code, section 123(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- Statutory Presumption
- Adverse Inference
- Consignment
- Consumption
- Statements
- Financial Means
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Misuse of Drugs Act
- Criminal Law
16. Subjects
- Criminal Law
- Drug Offences
17. Areas of Law
- Criminal Law
- Drug Trafficking Law
- Evidence Law