Public Prosecutor v Oh Yew Lee: Trafficking Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Oh Yew Lee, the High Court of Singapore convicted Oh Yew Lee on August 27, 2019, for possessing 25.68g of diamorphine for trafficking under the Misuse of Drugs Act. The primary legal issue was whether the accused intended to traffic the drugs. The court found the charge proven beyond a reasonable doubt, rejecting the accused's defense that he intended to return a portion of the drugs to the supplier. Consequently, the mandatory death penalty was imposed.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Conviction and mandatory death penalty imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Oh Yew Lee was convicted of possessing diamorphine for trafficking under the Misuse of Drugs Act. The court found the charge proven beyond a reasonable doubt, leading to a mandatory death penalty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction and mandatory death penalty imposed | Won | Nicholas Wuan Kin Lek of Attorney-General’s Chambers Samuel Yap of Attorney-General’s Chambers Tan Wee Hao of Attorney-General’s Chambers |
| Oh Yew Lee | Defendant | Individual | Conviction and mandatory death penalty imposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kannan Ramesh | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nicholas Wuan Kin Lek | Attorney-General’s Chambers |
| Samuel Yap | Attorney-General’s Chambers |
| Tan Wee Hao | Attorney-General’s Chambers |
| Chung Ting Fai | Chung Ting Fai & Co |
| Ng Wai Keong Timothy | Timothy Ng LLC |
| Prasad s/o Karunakarn | K Prasad & Co |
4. Facts
- The accused was arrested on December 1, 2016, at a unit in Blk 21 Chai Chee Road.
- CNB officers raided a unit at Blk 31 Chai Chee Avenue, where the accused was staying.
- The officers recovered a reusable bag, a plastic bag, and a Samsung Galaxy Note 5 box containing granular substances.
- The substances were analyzed and found to contain 25.68g of diamorphine.
- The accused admitted to possessing the drugs and intending to sell them.
- The accused later disputed his statements, claiming he intended to return a portion of the drugs.
- The court found the accused's statements to be reliable and his account in court to be unconvincing.
5. Formal Citations
- Public Prosecutor v Oh Yew Lee, Criminal Case No 8 of 2019, [2019] SGHC 197
6. Timeline
| Date | Event |
|---|---|
| Accused arrested at Blk 21 Chai Chee Road. | |
| CNB officers raided the Unit at Blk 31 Chai Chee Avenue. | |
| Drugs recovered from the Unit. | |
| First contemporaneous statement recorded. | |
| Cautioned statement recorded. | |
| Investigative statement recorded. | |
| Investigative statement recorded. | |
| Investigative statement recorded. | |
| Investigative statement recorded. | |
| Investigative statement recorded. | |
| Trial began. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Judgment issued. |
7. Legal Issues
- Possession of controlled drug
- Outcome: The court found that the accused was in possession of the drugs.
- Category: Substantive
- Knowledge of the nature of the drug
- Outcome: The court found that the accused knew the nature of the drug.
- Category: Substantive
- Possession of the drug for the purpose of trafficking
- Outcome: The court found that the accused possessed the drug for the purpose of trafficking.
- Category: Substantive
- Applicability of s 33B MDA
- Outcome: The court found that s 33B MDA did not apply because the accused was not merely acting as a courier.
- Category: Substantive
8. Remedies Sought
- Conviction
- Mandatory Death Penalty
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Lim Koon Eng Jeremiah | High Court | Yes | [2019] SGHC 71 | Singapore | Cited to note that Jeremiah was also arrested and convicted on a charge of drug trafficking, but that his case has no connection with the accused. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements of the offence under s 5(1)(a) read with s 5(2) MDA. |
| Ramesh a/l Perumal v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 1003 | Singapore | Cited for the principle that a person who possesses drugs with the intention of returning them to the person from whom they had received the drugs does not have the requisite intention to traffic. |
| Public Prosecutor v Chum Tat Suan and another | Court of Appeal | Yes | [2015] 1 SLR 834 | Singapore | Cited for the principle that the accused’s intention to sell the drugs that are the subject of the charge clearly takes him out of the scope of ss 33B(2)(a) and 33B(3)(a). |
| Zamri bin Mohd Tahir v Public Prosecutor | Court of Appeal | Yes | [2019] 1 SLR 724 | Singapore | Cited for the principle that regardless of whether the accused had sold any of the drugs, his intention to do so was sufficient to take him out of the scope of ss 33B(2)(a) and 33B(3)(a). |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Chapter 185, 2008 Rev Ed) | Singapore |
| s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Chapter 185, 2008 Rev Ed) | Singapore |
| s 17(c) MDA | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 22 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 23 CPC | Singapore |
| s 33B MDA | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- CNB
- Baifen
- Batu
- Statements
- Presumption of Trafficking
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
- Death Penalty
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Sentencing | 60 |
| Evidence | 50 |
| Civil Procedure | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Statutory Interpretation