Public Prosecutor v Lim Koon Eng Jeremiah: Trafficking of Diamorphine
In the High Court of Singapore, Lim Koon Eng Jeremiah was found guilty of possessing not less than 21.25g of diamorphine for the purpose of trafficking, violating s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act. The court, presided over by Justice Hoo Sheau Peng, convicted Lim Koon Eng Jeremiah on 30 January 2019, and imposed the mandatory death sentence. The primary legal issue was whether the accused possessed the drugs with the intention of trafficking them. The court rejected the accused's claim that he intended to return the drugs, finding his intention was to deliver them.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Conviction and mandatory death sentence imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lim Koon Eng Jeremiah was convicted of possessing diamorphine for trafficking under the Misuse of Drugs Act. The court found the charge proven beyond a reasonable doubt.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Tan Wee Hao of Attorney-General’s Chambers Tan Yanying of Attorney-General’s Chambers |
| Lim Koon Eng Jeremiah | Defendant | Individual | Conviction and mandatory death sentence imposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Wee Hao | Attorney-General’s Chambers |
| Tan Yanying | Attorney-General’s Chambers |
| Balakrishnan Chitra | M/s Regency Legal LLP |
| Lam Wai Seng | Lam WS & Co |
4. Facts
- The accused was arrested during a CNB raid at Block 21 Chai Chee Road.
- The accused volunteered information about two bundles of drugs in a cabinet.
- CNB officers found five bundles of drugs containing not less than 21.25g of diamorphine.
- The accused initially claimed the drugs were for his own consumption.
- The accused later claimed he was merely a courier for Ah Chong.
- The accused's DNA was found on the drug packaging.
- The accused stated he planned to wait for instructions from Ah Chong to deliver the bundles.
5. Formal Citations
- Public Prosecutor v Lim Koon Eng Jeremiah, Criminal Case No 71 of 2018, [2019] SGHC 71
- Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters, , [2014] 3 SLR 721
- Zainal bin Hamad v Public Prosecutor and another appeal, , [2018] 2 SLR 119
6. Timeline
| Date | Event |
|---|---|
| CNB officers raided Block 21 Chai Chee Road #07-456 and arrested Lim Koon Eng Jeremiah and Oh Yew Lee. | |
| Accused volunteered information about two bundles in a cabinet. | |
| SSSgt Sunny found and seized two bundles wrapped in newspaper. | |
| Sgt Yogaraj commenced a second search and found three more bundles in a basket. | |
| Accused stated he wanted to try his luck regarding the further three bundles. | |
| Accused provided three contemporaneous statements. | |
| IO Imran recorded one statement from the accused under s 23 of the CPC. | |
| IO Imran recorded one statement from the accused under s 22 of the CPC. | |
| IO Imran recorded one statement from the accused under s 22 of the CPC. | |
| Accused examined by Dr Yeo Chen Kuan Derrick of the IMH. | |
| Accused examined by Dr Yeo Chen Kuan Derrick of the IMH. | |
| Accused examined by Dr Yeo Chen Kuan Derrick of the IMH. | |
| IO Imran recorded one statement from the accused under s 22 of the CPC. | |
| IO Imran recorded one statement from the accused under s 22 of the CPC. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Judgment issued. |
7. Legal Issues
- Possession of Controlled Drug for Trafficking
- Outcome: The court found that the accused possessed the drugs with the intention to traffic them.
- Category: Substantive
- Sub-Issues:
- Intention to traffic
- Knowledge of the nature of the drug
- Related Cases:
- [2014] 3 SLR 721
- [2018] 2 SLR 119
8. Remedies Sought
- Conviction
- Mandatory Death Sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| 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 a charge of trafficking under s 5(1)(a) read with s 5(2) of the MDA. |
| Zainal bin Hamad v Public Prosecutor and another appeal | Unknown | Yes | [2018] 2 SLR 119 | Singapore | Cited for the requirement to adduce evidence to prove knowing possession of the threshold quantity of drugs stated in s 17 of the MDA to trigger the presumption. |
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(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 258(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23 | Singapore |
| Misuse of Drugs Act s 17 | Singapore |
| Misuse of Drugs Act s 33(1) | Singapore |
| Misuse of Drugs Act s 33B(1)(a) | Singapore |
| Misuse of Drugs Act s 33B(2)(a) | Singapore |
| Misuse of Drugs Act s 33B(2)(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- CNB
- Courier
- Possession
- Intention
- Ah Chong
- Ubat
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 60 |
| Evidence Law | 50 |
| Criminal Revision | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking