Public Prosecutor v Chum Tat Suan: Importation of Diamorphine and Application of Misuse of Drugs Act Amendments

In Public Prosecutor v Chum Tat Suan, the High Court of Singapore reviewed the case following a remission from the Court of Appeal, to determine whether the accused, Chum Tat Suan, was merely a courier in the importation of diamorphine, in light of amendments to the Misuse of Drugs Act. The court maintained its original finding that the accused was only a courier, and addressed procedural concerns regarding the application of the amended sentencing provisions.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

The court maintained its finding that the accused was only a courier.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court reviewed Chum Tat Suan's conviction for importing diamorphine, considering amendments to the Misuse of Drugs Act regarding sentencing for couriers. The court maintained its finding that the accused was only a courier.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyNeutralNeutral
Tan Wen Hsien of Attorney-General’s Chambers
Zhong Zewei of Attorney-General’s Chambers
Chum Tat SuanDefendantIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Tan Wen HsienAttorney-General’s Chambers
Zhong ZeweiAttorney-General’s Chambers
Nandwani Manoj PrakashGabriel Law Corporation
Eric Liew Hwee TongGabriel Law Corporation
Krystle Kishinchand PrimalaniGabriel Law Corporation

4. Facts

  1. The accused was arrested at Woodlands Checkpoint on 15 January 2010.
  2. The accused was charged with importing not less than 94.96g of diamorphine into Singapore.
  3. The trial commenced on 8 May 2013 and the evidence concluded on 20 June 2013.
  4. On 5 August 2013 the accused was found guilty as charged.
  5. Parliament amended the Misuse of Drugs Act on 14 November 2012.
  6. The Court of Appeal remitted the case to the High Court to determine whether the accused was only a courier.
  7. The Public Prosecutor did not file an appeal against the finding that the accused was a courier.

5. Formal Citations

  1. Public Prosecutor v Chum Tat Suan, Criminal Case No 1 of 2012, [2015] SGHC 151
  2. Public Prosecutor v Chum Tat Suan and another, , [2015] 1 SLR 834

6. Timeline

DateEvent
Accused arrested at Woodlands Checkpoint
Date prior to which the only sentence was death
Parliament amended the Misuse of Drugs Act
Trial commenced
Evidence concluded
Accused found guilty
Judgment issued finding the accused was no more than a courier
Date of Public Prosecutor v Chum Tat Suan and another [2015] 1 SLR 834
Matter came back to court
Judgment reserved

7. Legal Issues

  1. Importation of Controlled Drugs
    • Outcome: The court found that the accused was only a courier.
    • Category: Substantive
    • Related Cases:
      • [2015] 1 SLR 834
  2. Application of Amended Sentencing Provisions
    • Outcome: The court addressed procedural concerns regarding the application of the amended sentencing provisions.
    • Category: Procedural

8. Remedies Sought

  1. Acquittal
  2. Alternative sentencing to the mandatory death penalty

9. Cause of Actions

  • Importation of controlled drugs

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Chum Tat Suan and anotherCourt of AppealYes[2015] 1 SLR 834SingaporeCited for the procedure of determining whether the accused meets the requirements of section 33B(2)(b) of the Misuse of Drugs Act.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33Singapore
Misuse of Drugs Act s 33B(1)Singapore
Misuse of Drugs Act s 33B(2)Singapore
Misuse of Drugs Act s 33B(3)Singapore
Misuse of Drugs Act s 33B(4)Singapore
Misuse of Drugs Act s 5(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Courier
  • Misuse of Drugs Act
  • Substantive assistance
  • Central Narcotics Bureau
  • Woodlands Checkpoint

15.2 Keywords

  • Diamorphine
  • Misuse of Drugs Act
  • Courier
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law60
Civil Procedure10
Administrative Law5

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Sentencing