Beh Chew Boo v Public Prosecutor: Misuse of Drugs Act & Importation of Methamphetamine
Beh Chew Boo appealed against his conviction in the High Court for importing not less than 499.97g of methamphetamine into Singapore, an offence under s 7 of the Misuse of Drugs Act. The Court of Appeal, comprising Sundaresh Menon CJ, Tay Yong Kwang JA, and Steven Chong JA, heard the appeal on 8 September 2020 and reserved judgment. Tay Yong Kwang JA delivered the judgment on 13 October 2020, acquitting Beh on the charge of importation, citing that the Prosecution was unable to prove the charge against Beh.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Beh Chew Boo was convicted of importing methamphetamine. The Court of Appeal acquitted him, finding the prosecution failed to prove importation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Conviction Reversed | Lost | Sunil Nair of Attorney-General’s Chambers Samuel Yap of Attorney-General’s Chambers Mark Jayaratnam of Attorney-General’s Chambers |
| Beh Chew Boo | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Judge of Appeal | Yes |
| Steven Chong | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sunil Nair | Attorney-General’s Chambers |
| Samuel Yap | Attorney-General’s Chambers |
| Mark Jayaratnam | Attorney-General’s Chambers |
| Wong Siew Hong | Eldan Law LLP |
| Andy Yeo | Eldan Law LLP |
4. Facts
- Beh, a Malaysian, was arrested at Woodlands Checkpoint for importing drugs.
- The drugs were found in the storage compartment of a motorcycle Beh borrowed from Lew.
- Lew's DNA was found on the drug exhibits, but Beh's DNA was not.
- Beh claimed he borrowed the motorcycle to return a power bank to Ah Huat in Singapore.
- Beh stated he was unaware of the drugs in the motorcycle's storage compartment.
- The Prosecution relied on statutory presumptions of possession and knowledge under the Misuse of Drugs Act.
- Lew was serving a prison sentence in Singapore for unrelated drug offenses at the time of Beh's trial.
5. Formal Citations
- Beh Chew Boo v Public Prosecutor, Criminal Appeal No 1 of 2020, [2020] SGCA 98
6. Timeline
| Date | Event |
|---|---|
| Beh entered Singapore from Malaysia at Woodlands Checkpoint riding a motorcycle. | |
| Beh was stopped at the checkpoint for a routine check. | |
| Drugs were discovered in the motorcycle's storage compartment. | |
| Beh was arrested. | |
| Lew was arrested. | |
| Lew was sentenced by the District Court to seven years’ imprisonment and five strokes of the cane. | |
| Trial against Beh proceeded. | |
| Appeal heard by the Court of Appeal. | |
| Judgment delivered by the Court of Appeal. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The Court of Appeal found that the Prosecution was unable to prove the charge of importation against Beh and acquitted him.
- Category: Substantive
- Rebuttal of Statutory Presumptions
- Outcome: The Court of Appeal held that Beh had rebutted the presumption of possession under s 21 of the Misuse of Drugs Act.
- Category: Substantive
- Evidential Burden
- Outcome: The Court of Appeal found that the Prosecution failed to discharge its evidential burden after Beh presented a plausible defense.
- Category: Procedural
8. Remedies Sought
- Acquittal
9. Cause of Actions
- Importation of Controlled Drugs
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Muhammad Nabill bin Mohd Fuad v Public Prosecutor | Court of Appeal | Yes | [2020] 1 SLR 984 | Singapore | Cited for principles on additional disclosure obligations. |
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 254 | Singapore | Cited for the definition of possession, requiring both physical possession and knowledge of the existence of the thing in question that turns out to be a drug. |
| Public Prosecutor v GCK and another matter | Court of Appeal | Yes | [2020] 1 SLR 486 | Singapore | Cited for the principle that while the legal burden remains on one party throughout, the evidential burden can shift to the opposing party once it has been discharged by the proponent. |
| Public Prosecutor v Lim Choon Teck | Court of Appeal | Yes | [2015] 5 SLR 1395 | Singapore | Cited for the Prosecution’s role in the fair and impartial administration of criminal justice. |
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(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 21 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23 | Singapore |
| Criminal Procedure Code s 147(1) | Singapore |
| Criminal Procedure Code s 147(2) | Singapore |
| Criminal Procedure Code s 147(3) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 116 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Importation
- Misuse of Drugs Act
- Statutory Presumption
- DNA Evidence
- Evidential Burden
- Woodlands Checkpoint
15.2 Keywords
- Drug Importation
- Methamphetamine
- Singapore Law
- Criminal Appeal
- Misuse of Drugs Act
- DNA Evidence
- Presumption of Possession
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 75 |
| Evidence | 60 |
| Civil Procedure | 20 |
16. Subjects
- Criminal Law
- Drug Offences
- Evidence
- Criminal Procedure