Pham Duyen Quyen v Public Prosecutor: Importation of Methamphetamine under the Misuse of Drugs Act
In Pham Duyen Quyen v Public Prosecutor, the Court of Appeal of Singapore heard an appeal by Pham Duyen Quyen against her conviction and sentence for importing methamphetamine under the Misuse of Drugs Act. The court considered whether the presumption of possession under s 18(1) of the MDA applied and whether the Appellant had rebutted the presumptions of possession and knowledge. The court dismissed the appeal, affirming the conviction and sentence.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal dismissed against conviction and sentence.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Pham Duyen Quyen appeals her conviction for importing methamphetamine. The court examines presumptions of possession and knowledge under the Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Conviction and Sentence Affirmed | Won | Anandan Bala of Attorney-General’s Chambers Rajiv Rai of Attorney-General’s Chambers Esther Tang of Attorney-General’s Chambers |
| Pham Duyen Quyen | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Judith Prakash | Judge of Appeal | No |
| Tay Yong Kwang | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anandan Bala | Attorney-General’s Chambers |
| Rajiv Rai | Attorney-General’s Chambers |
| Esther Tang | Attorney-General’s Chambers |
4. Facts
- The Appellant, a Vietnamese woman, was arrested for importing methamphetamine into Singapore.
- The drugs were found concealed in the side panels of the Appellant's luggage.
- The Appellant claimed she did not know the drugs were in her luggage.
- The luggage tag was issued to the Appellant at the New Delhi airport.
- The weight of the luggage at check-in was 21kg, including the drugs.
- The Appellant changed her flight itinerary to include Laos and Cambodia.
- The Appellant claimed she bought the luggage on the way to the airport after her backpack broke.
5. Formal Citations
- Pham Duyen Quyen v Public Prosecutor, Criminal Appeal No 27 of 2016, [2017] SGCA 39
6. Timeline
| Date | Event |
|---|---|
| Appellant imported drugs into Singapore. | |
| Appellant arrested. | |
| Criminal Appeal No 27 of 2016 filed. | |
| Arguments heard in Court of Appeal. | |
| Grounds of Decision delivered. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court held that the element of importation was satisfied when the drugs entered Singapore. The court also found that the presumption of possession under s 18(1) of the MDA applied.
- Category: Substantive
- Related Cases:
- [2013] 3 SLR 1052
- [1993] 3 SLR(R) 694
- Presumption of Possession
- Outcome: The court held that the presumption of possession under s 18(1) of the MDA applied because the Appellant had legal possession of the luggage by virtue of the luggage tag.
- Category: Substantive
- Related Cases:
- [1993] 3 SLR(R) 694
- [1994] 3 SLR(R) 401
- [2008] 1 SLR(R) 1
- [1979–1980] SLR(R) 311
- Rebuttal of Presumption of Possession
- Outcome: The court held that the Appellant failed to rebut the presumption of possession under s 18(1) of the MDA because she was unable to prove that she did not know the luggage contained drugs.
- Category: Substantive
- Presumption of Knowledge
- Outcome: The court held that the Appellant failed to rebut the presumption of knowledge under s 18(2) of the MDA because she adduced no evidence pertaining to lack of knowledge about the nature of the drugs.
- Category: Substantive
- Related Cases:
- [2017] SGCA 12
- Sentencing for Drug Offences
- Outcome: The court held that the sentence imposed by the Judge was not manifestly excessive, considering the quantity of drugs involved and the mitigating factors.
- Category: Procedural
- Related Cases:
- [2015] 5 SLR 122
- [2017] SGCA 25
- [2015] 5 SLR 500
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Importation of controlled drugs
10. Practice Areas
- Criminal Law
- Drug Offences
- Appeals
11. Industries
- Law Enforcement
- Aviation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Adnan bin Kadir | Court of Appeal | Yes | [2013] 3 SLR 1052 | Singapore | Cited for the definition of 'import' under s 7 of the Misuse of Drugs Act. |
| Van Damme Johannes v Public Prosecutor | Court of Appeal | Yes | [1993] 3 SLR(R) 694 | Singapore | Cited for the application of the presumption of possession under s 18(1) of the Misuse of Drugs Act in cases involving checked luggage. |
| Ubaka Chris Chinenye v Public Prosecutor | Court of Appeal | Yes | [1994] 3 SLR(R) 401 | Singapore | Cited for the interpretation of Van Damme Johannes v Public Prosecutor regarding possession of luggage in transit. |
| Tan Kiam Peng v Public Prosecutor | Court of Appeal | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited for the concept of 'possession' in s 18(1) of the MDA and its relation to physical possession. |
| Tan Ah Tee and another v Public Prosecutor | Court of Appeal | Yes | [1979–1980] SLR(R) 311 | Singapore | Cited for the interpretation of 'possession' based on Warner v Metropolitan Police Commissioner. |
| Warner v Metropolitan Police Commissioner | House of Lords | Yes | [1969] 2 AC 256 | United Kingdom | Cited for the interpretation of 'possession' in drug-related offences. |
| Fun Seong Cheng v Public Prosecutor | Court of Appeal | Yes | [1997] 2 SLR(R) 796 | Singapore | Cited for the consistent application of the meaning of 'possession' as adopted in Tan Ah Tee. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] SGCA 12 | Singapore | Cited for the operation of the presumption of knowledge under s 18(2) of the MDA. |
| Vasentha d/o Joseph v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 122 | Singapore | Cited for the principle that the quantity of drugs has a strong bearing on the sentence imposed. |
| Suventher Shanmugam v Public Prosecutor | Court of Appeal | Yes | [2017] SGCA 25 | Singapore | Cited for the principle that the reduction of a charge from capital to non-capital is not relevant for sentencing purposes. |
| Loo Pei Xiang Alan v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 500 | Singapore | Cited for the methodology of deriving a conversion scale between diamorphine and methamphetamine for sentencing purposes. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 325(1)(a) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) s 2(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Importation
- Presumption of possession
- Presumption of knowledge
- Luggage tag
- Transit
- Reasonable doubt
15.2 Keywords
- Drug Importation
- Methamphetamine
- Singapore
- Criminal Law
- Misuse of Drugs Act
- Presumption of Possession
- Presumption of Knowledge
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 70 |
| Criminal Procedure | 60 |
| Sentencing | 50 |
| Evidence | 40 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Importation of Drugs