Public Prosecutor v Chum Tat Suan: Importation of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Chum Tat Suan, the High Court of Singapore found Chum Tat Suan guilty on August 5, 2013, of importing not less than 94.96g of diamorphine into Singapore, violating s 7 and punishable under s 33 of the Misuse of Drugs Act. The court disbelieved the accused's defense that he was unaware of the drugs in his bag, citing DNA evidence and inconsistencies in his testimony. The court convicted him accordingly.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty as charged and convicted accordingly.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment reserved
1.5 Jurisdiction
Singapore
1.6 Description
Chum Tat Suan was convicted of importing diamorphine into Singapore under the Misuse of Drugs Act. The High Court found him guilty beyond a reasonable doubt.
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 | Mohamed Faizal of Attorney-General’s Chambers Qiu Huixiang of Attorney-General’s Chambers |
| Chum Tat Suan | Defendant | Individual | Guilty as charged | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mohamed Faizal | Attorney-General’s Chambers |
| Qiu Huixiang | Attorney-General’s Chambers |
| Nandwani Manoj Prakash | Gabriel Law Corporation |
| Eric Liew | Gabriel Law Corporation |
4. Facts
- The accused was found with 94.96g of diamorphine in a black bag at Woodlands Checkpoint.
- The accused admitted the bag was his and that he had nothing to declare.
- The accused initially stated he was to deliver the heroin in Geylang for $10,000.
- The accused's DNA was found on items in the bag and on the heroin bundles.
- The accused tested positive for amphetamines.
- The accused claimed the black bag was not his and he took the wrong bag.
- The accused's urine samples were found to contain methamphetamine.
5. Formal Citations
- Public Prosecutor v Chum Tat Suan, Criminal Case No 1 of 2012, [2013] SGHC 150
6. Timeline
| Date | Event |
|---|---|
| Accused left Johor Bahru and crossed the immigration checkpoint at the Woodlands checkpoint, Singapore. | |
| Criminal Case No 1 of 2012 | |
| Judgment reserved. |
7. Legal Issues
- Importation of Diamorphine
- Outcome: The court found the accused guilty of importing diamorphine.
- Category: Substantive
- Knowledge of Possession
- Outcome: The court found that the accused knew he was carrying heroin.
- Category: Substantive
8. Remedies Sought
- Conviction and punishment under s 33 of the Misuse of Drugs Act
9. Cause of Actions
- Violation of s 7 of the Misuse of Drugs Act
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, 2008 Rev Ed) | Singapore |
| s 7 of the Misuse of Drugs Act | Singapore |
| s 33 of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| s 121 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Importation
- Misuse of Drugs Act
- Woodlands Checkpoint
- Black bag
- DNA evidence
- Section 121 statement
15.2 Keywords
- Diamorphine
- Drugs
- Importation
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking