PP v Sng Chun Heng: Drug Trafficking - Abetment & Delivery of Diamorphine
In Public Prosecutor v Sng Chun Heng and another, the High Court of Singapore, presided over by Justice Tay Yong Kwang, convicted Sng Chun Heng of abetting drug trafficking and Chan Heng Kong of drug trafficking on 26 October 2010. Sng was found to have instigated Sng Choong Peng to possess diamorphine for trafficking purposes, while Chan was found to have delivered the drugs. The court found both accused guilty as charged and imposed the mandatory death sentence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Both accused were convicted and sentenced to the mandatory death penalty.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Sng Chun Heng and Chan Heng Kong were convicted of drug trafficking offenses involving diamorphine. Sng was found guilty of abetting, while Chan was guilty of delivery.
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 | Lu Zhuoren John of Attorney-General’s Chambers Gail Wong of Attorney-General’s Chambers Leong Wing Tuck of Attorney-General’s Chambers |
| Chan Heng Kong | Defendant, Appellant | Individual | Convicted | Lost | |
| Sng Chun Heng | Defendant, Appellant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lu Zhuoren John | Attorney-General’s Chambers |
| Gail Wong | Attorney-General’s Chambers |
| Leong Wing Tuck | Attorney-General’s Chambers |
| Ranadhir Gupta | A Zamzam & Co |
| Ong Cheong Wei | Ong Cheong Wei & Co |
| Lam Wai Seng | Lam W S & Co |
| Goh Siok Leng | Christina Goh & Co |
4. Facts
- Sng Chun Heng was charged with abetting Sng Choong Peng in trafficking diamorphine.
- Chan Heng Kong was charged with trafficking diamorphine.
- Sng instructed Choong Peng to collect drugs from a person near Kampong Arang Road.
- Chan delivered 30 packets of substances containing not less than 17.70 grams of diamorphine to Choong Peng.
- CNB officers conducted surveillance and arrested Sng and Chan.
- Sng admitted the heroin seized from the taxi belonged to him.
- Chan admitted to delivering the red plastic bag and suspected it contained drugs.
5. Formal Citations
- Public Prosecutor v Sng Chun Heng and another, Criminal Case No 3 of 2009, [2010] SGHC 317
- Public Prosecutor v Sng Chun Heng and another, Criminal Appeal No 11 of 2010, [2012] SGCA 18
6. Timeline
| Date | Event |
|---|---|
| Sng Chun Heng abetted Sng Choong Peng in trafficking diamorphine. | |
| Chan Heng Kong trafficked diamorphine. | |
| CNB officers conducted surveillance at Block 12 Kampong Arang Road. | |
| Chan's vehicle arrived at Woodlands Checkpoint from Malaysia. | |
| Chan was arrested in Geylang. | |
| Sng was arrested at Chai Chee Avenue. | |
| Trial started. | |
| Further trial dates given. | |
| Alan Moh passed away. | |
| Judgment was delivered. | |
| Appeal dismissed by the Court of Appeal. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found both accused guilty of drug trafficking offenses.
- Category: Substantive
- Abetment
- Outcome: Sng Chun Heng was found guilty of abetting drug trafficking.
- Category: Substantive
- Wilful Blindness
- Outcome: The court imputed knowledge to Chan Heng Kong in the form of wilful blindness.
- Category: Substantive
- Related Cases:
- [2008] SLR(R) 1
- Admissibility of Statements
- Outcome: The court ruled Sng's statements admissible after a trial within a trial.
- Category: Procedural
8. Remedies Sought
- Conviction
- Mandatory Death Sentence
9. Cause of Actions
- Drug Trafficking
- Abetment of Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Kiam Peng v PP | N/A | Yes | [2008] SLR(R) 1 | Singapore | Cited for the principle that suspicion firmly grounded on specific facts is sufficient to support a finding of wilful blindness. |
| PP v Goh Hock Huat | N/A | Yes | [1994] 3 SLR(R) 375 | Singapore | Cited to define 'traffic' as including the act of delivering, requiring merely the transfer of possession. |
| PP v Ng Ai Tiong | N/A | Yes | [2001] 1 SLR(R) 1 | Singapore | Cited to define abetment by instigation as active suggestion, support, stimulation or encouragement of the criminal act. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act | Singapore |
| Misuse of Drugs Act, section 5(1)(a) | Singapore |
| Misuse of Drugs Act, section 5(2) | Singapore |
| Misuse of Drugs Act, section 12 | Singapore |
| Misuse of Drugs Act, section 33 | Singapore |
| Criminal Procedure Code, section 122(6) | Singapore |
| Criminal Procedure Code, section 378(b)(i) | Singapore |
| Misuse of Drugs Act, section 18(2) | Singapore |
| Misuse of Drugs Act, section 2 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Abetment
- Wilful Blindness
- CNB
- Instigation
- Delivery
- Mamee snack
- Kampong Arang Road
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Abetment
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Drug Trafficking | 90 |
| Drug Crimes | 85 |
| Criminal Law | 70 |
| Offences | 60 |
| Criminal Procedure | 50 |
| Complicity | 40 |
| Evidence | 40 |
| Theft | 30 |
16. Subjects
- Criminal Law
- Drug Offences
- Trafficking
- Abetment