PP v Pham Duyen Quyen: Importation of Methamphetamine & Misuse of Drugs Act
In [2016] SGHC 227, the High Court of Singapore found Pham Duyen Quyen guilty of importing not less than 249.99 grams of Methamphetamine into Singapore, violating the Misuse of Drugs Act. The court, presided over by Lee Seiu Kin J, sentenced Pham to 24 years’ imprisonment from the date of her arrest. The court invoked presumptions under section 18(1)(a) and 18(2) of the Misuse of Drugs Act, finding that Pham failed to rebut the presumption that she had the drugs in her possession and knew the nature of the drugs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty as charged
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Pham Duyen Quyen was found guilty of importing methamphetamine into Singapore and sentenced to 24 years' imprisonment. The court invoked presumptions under the Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Won | Won | Wong Woon Kwong of Attorney-General’s Chambers Rajiv Rai of Attorney-General’s Chambers Jasmine Chin-Sabado of Attorney-General’s Chambers |
| Pham Duyen Quyen | Defendant | Individual | Guilty as charged | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wong Woon Kwong | Attorney-General’s Chambers |
| Rajiv Rai | Attorney-General’s Chambers |
| Jasmine Chin-Sabado | Attorney-General’s Chambers |
| Tan Li-Chern Terence | Robertson Chambers LLC |
| Chenthil Kumar Kumarasingam | Oon & Bazul LLP |
| Anand Nalachandran | TSMP Law Corporation |
4. Facts
- Pham Duyen Quyen was charged with importing not less than 249.99 grams of Methamphetamine.
- On 23 August 2013, an unclaimed suitcase was found at Changi Airport with Pham's name on the luggage tag.
- Pham confirmed the suitcase and its contents belonged to her.
- Bundles of crystalline substances were found hidden in the suitcase's side panels.
- The substances were tested and found to contain Methamphetamine.
- Pham claimed she was unaware of the drugs in the suitcase.
- The street value of the drugs was S$1.25m.
5. Formal Citations
- Public Prosecutor v Pham Duyen Quyen, Criminal Case No 52 of 2015, [2016] SGHC 227
6. Timeline
| Date | Event |
|---|---|
| Pham Duyen Quyen imported drugs into Singapore. | |
| Pham Duyen Quyen was arrested. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Pham Duyen Quyen was found guilty. | |
| Pham Duyen Quyen was sentenced to 24 years’ imprisonment. | |
| Pham Duyen Quyen filed a notice of appeal. | |
| Grounds of decision issued. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found the defendant guilty of importing a controlled drug.
- Category: Substantive
- Related Cases:
- [1993] 3 SLR(R) 694
- [1994] 3 SLR(R) 401
- Presumption of Possession
- Outcome: The court invoked the presumption of possession under s 18(1)(a) of the MDA, finding that the defendant had control of the suitcase containing the drugs.
- Category: Procedural
- Related Cases:
- [1993] 3 SLR(R) 694
- [1994] 3 SLR(R) 401
- Presumption of Knowledge
- Outcome: The court invoked the presumption of knowledge under s 18(2) of the MDA, finding that the defendant was presumed to have known the nature of the drugs.
- Category: Procedural
8. Remedies Sought
- Imprisonment
- Sentencing
9. Cause of Actions
- Violation of Section 7 of the Misuse of Drugs Act
- Punishable under Section 33(1) of the Misuse of Drugs Act
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- Law Enforcement
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Van Damme Johannes v Public Prosecutor | Court of Appeal | Yes | [1993] 3 SLR(R) 694 | Singapore | Cited for the principle that an accused person has possession of a bag even though it would have normally remained in the in-flight area of the airport throughout the whole length of his transit in Singapore and he could not ordinarily have retrieved it. |
| Ubaka Chris Chinenye v Public Prosecutor | Court of Appeal | Yes | [1994] 3 SLR(R) 401 | Singapore | Cited as following Van Damme Johannes v Public Prosecutor on the issue of possession of luggage in transit. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act s 18(1) | Singapore |
| Misuse of Drugs Act s 18(3) | Singapore |
| Misuse of Drugs Act s 18(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Importation
- Misuse of Drugs Act
- Presumption of Possession
- Presumption of Knowledge
- Drug Courier
- Luggage Tag
- Suitcase
- Controlled Drug
15.2 Keywords
- drugs
- importation
- methamphetamine
- singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Importation of controlled drugs | 90 |
| Criminal Procedure | 85 |
| Sentencing | 80 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Statutory Interpretation