Choi Byeongkuk v Public Prosecutor: Drug Possession - Misuse of Drugs Act

Choi Byeongkuk, a Korean national, appealed to the High Court of Singapore against an 8-month imprisonment sentence for possession of tenamfetamine, a Class A controlled drug, under the Misuse of Drugs Act. The High Court, presided over by Justice Choo Han Teck, dismissed the appeal on 11 January 2011, finding that the sentence was not manifestly excessive, despite the appellant's claim of forgetfulness and first-time offender status, considering two other charges taken into account for sentencing.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Choi Byeongkuk appealed against an 8-month imprisonment sentence for possessing tenamfetamine. The High Court dismissed the appeal, finding the sentence not manifestly excessive.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Choi ByeongkukAppellantIndividualAppeal DismissedLostS K Kumar
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWonToh Shin Hao

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
S K KumarS K Kumar & Associates
Toh Shin HaoDeputy Public Prosecutor

4. Facts

  1. The appellant pleaded guilty to possession of tenamfetamine.
  2. The appellant was entering Singapore from Kuala Lumpur.
  3. The appellant was found with tablets in his trouser pocket.
  4. The appellant admitted to possessing the tablets.
  5. Two other charges were considered for sentencing: possession of other Class A drugs and possession of utensils for drug consumption.

5. Formal Citations

  1. Choi Byeongkuk v Public Prosecutor, Magistrate's Appeal No 393 of 2010, [2011] SGHC 6

6. Timeline

DateEvent
Appellant entered Singapore from Kuala Lumpur
DAC 42066 of 2010
Judgment issued

7. Legal Issues

  1. Possession of Controlled Drugs
    • Outcome: The court upheld the sentence for possession of a Class A controlled drug.
    • Category: Substantive
  2. Sentencing
    • Outcome: The court found that the 8-month imprisonment sentence was not manifestly excessive.
    • Category: Procedural

8. Remedies Sought

  1. Appeal against imprisonment sentence

9. Cause of Actions

  • Violation of s 8(a) of the Misuse of Drugs Act

10. Practice Areas

  • Criminal Litigation

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
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 8(a) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Tenamfetamine
  • Class A controlled drug
  • Misuse of Drugs Act
  • Possession of drugs
  • Manifestly excessive sentence

15.2 Keywords

  • drug possession
  • tenamfetamine
  • criminal appeal
  • singapore high court
  • misuse of drugs act

16. Subjects

  • Criminal Law
  • Drug Offences
  • Sentencing

17. Areas of Law

  • Criminal Law
  • Drug Offenses