Liew Zheng Yang v Public Prosecutor: Sentencing for Attempted Drug Possession
Liew Zheng Yang appealed against his conviction. Steven Chong JA allowed the appeal in part, reducing the charges to attempted possession of cannabis. The court sentenced Liew to 20 months' imprisonment for each of the Attempted Possession Charges, to run consecutively with the 6-month sentence for the Consumption Charge, for a global sentence of 26 months' imprisonment. The court considered the quantity of drugs and the offender's personal circumstances.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Sentenced to 20 months' imprisonment for each of the Attempted Possession Charges, to run consecutively with the 6-month sentence for the Consumption Charge, for a global sentence of 26 months' imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding sentencing for attempted drug possession. The court considered the quantity of drugs and the offender's personal circumstances.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Other | Other | John Lu of Attorney-General’s Chambers Rimplejit Kaur of Attorney-General’s Chambers |
| Liew Zheng Yang | Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Steven Chong | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| John Lu | Attorney-General’s Chambers |
| Rimplejit Kaur | Attorney-General’s Chambers |
| Eugene Singarajah Thuraisingam | Eugene Thuraisingam LLP |
| Genevieve Pang | Eugene Thuraisingam LLP |
4. Facts
- Liew was initially convicted of abetting in a conspiracy to traffic controlled drugs.
- The conviction was reduced to two charges of attempted possession of cannabis and cannabis mixture.
- The drugs in question were 34.53 grams of cannabis and 68.21 grams of cannabis mixture.
- Liew also pleaded guilty to one charge of consumption of a cannabinol derivative.
- Liew testified that the drugs were for his own consumption.
- Liew was 22 years old at the time of the offence.
- Liew sought treatment with a psychiatrist and has been drug-free for three years.
5. Formal Citations
- Liew Zheng Yang v Public Prosecutor, Magistrate’s Appeal No 9253 of 2016, [2017] SGHC 257
- Liew Zheng Yang v Public Prosecutor, , [2017] SGHC 157
6. Timeline
| Date | Event |
|---|---|
| Judgment delivered | |
| Criminal Motion No 32 of 2017 dismissed |
7. Legal Issues
- Appropriate sentence for attempted drug possession
- Outcome: The court sentenced Liew to 20 months' imprisonment for each of the Attempted Possession Charges, to run consecutively with the 6-month sentence for the Consumption Charge, for a global sentence of 26 months' imprisonment.
- Category: Substantive
- Related Cases:
- [2017] SGHC 157
- [2015] 5 SLR 122
- [2016] SGDC 278
- [2017] 2 SLR 449
- [2016] 3 SLR 269
- [2005] 3 SLR(R) 1
- [2017] SGHC 183
- [2017] SGDC 70
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Attempted possession of controlled drugs
- Consumption of a cannabinol derivative
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Liew Zheng Yang v Public Prosecutor | High Court | Yes | [2017] SGHC 157 | Singapore | The judgment in which the appellant's conviction was reduced to attempted possession. |
| Vasentha d/o Joseph v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 122 | Singapore | Cited for the sentencing approach for drug trafficking offences. |
| Public Prosecutor v Jumahat Bin Japar | District Court | Yes | [2016] SGDC 278 | Singapore | Cited as a precedent for indicative starting points in drug possession cases, but distinguished by the court. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Discussed the suitability of the 'multiple starting points' approach in sentencing. |
| Public Prosecutor v Tan Thian Earn | High Court | Yes | [2016] 3 SLR 269 | Singapore | Cited for declining to adopt a 'multiple starting points' approach for offences under s 10A(1) of the MDA. |
| Dinesh Singh Bhatia s/o Amarjeet Singh v Public Prosecutor | High Court | Yes | [2005] 3 SLR(R) 1 | Singapore | Established a sentencing range for first-time drug consumption offenders. |
| Public Prosecutor v Lim Cheng Ji Alvin | High Court | Yes | [2017] SGHC 183 | Singapore | Applied the sentencing range and factors identified in Dinesh Singh in the context of drug possession. |
| Public Prosecutor v Ang Wei Hsiung Kenneth | District Court | Yes | [2017] SGDC 70 | Singapore | Compared to the present case due to similar charges and quantities of drugs involved. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 12 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 107(b) | Singapore |
| Misuse of Drugs Act ss 8(a) | Singapore |
| Misuse of Drugs Act s 8(b)(ii) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 307(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Attempted possession
- Cannabis
- Cannabis mixture
- Sentencing framework
- Drug consumption
- Mitigating factors
- Aggravating factors
15.2 Keywords
- drug possession
- cannabis
- sentencing
- criminal law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 95 |
| Misuse of Drugs Act | 90 |
| Drug Possession | 85 |
| Criminal Procedure | 80 |
| Criminal Law | 75 |
16. Subjects
- Criminal Law
- Drug Offences
- Sentencing