PP v Shen Hanjie: Trafficking Diamorphine, Misuse of Drugs Act, Possession for Trafficking
In Public Prosecutor v Shen Hanjie [2022] SGHC 103, the General Division of the High Court of Singapore heard a case against Shen Hanjie, who was charged with possessing not less than 34.94g of diamorphine for the purpose of trafficking, an offence under the Misuse of Drugs Act. The court, presided over by Dedar Singh Gill J, found Shen Hanjie guilty, rejecting his defense that he was merely safekeeping the drugs for another person. The judgment was delivered on 9 May 2022.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Accused convicted of the offence listed in the Charge.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Shen Hanjie was charged with possessing diamorphine for trafficking under the Misuse of Drugs Act. The court found him guilty, rejecting his defense.
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 | Wuan Kin Lek Nicholas, Pavithra Ramkumar, Heershan Kaur |
| Shen Hanjie | Defense | Individual | Convicted | Lost | Cheong Jun Ming Mervyn, Lau Kah Hee |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Dedar Singh Gill | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wuan Kin Lek Nicholas | Attorney-General’s Chambers |
| Pavithra Ramkumar | Attorney-General’s Chambers |
| Heershan Kaur | Attorney-General’s Chambers |
| Cheong Jun Ming Mervyn | Advocatus Law LLP |
| Lau Kah Hee | BC Lim & Lau LLC |
4. Facts
- Accused was arrested in his home on 20 November 2018.
- Multiple packets of drugs were found in the accused's bedroom.
- The seized drugs contained not less than 34.94g of diamorphine.
- The accused claimed he was safekeeping the drugs for someone named Alan.
- Accused admitted to smoking 'ice' daily since early 2018.
- Accused had pawned various items for daily expenses and online casino betting.
5. Formal Citations
- Public Prosecutor v Shen Hanjie, Criminal Case No 34 of 2021, [2022] SGHC 103
6. Timeline
| Date | Event |
|---|---|
| Accused arrested in his home. | |
| Accused charged with drug trafficking offence. | |
| Trial began. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Judgment reserved. | |
| Judgment delivered. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of drug trafficking.
- Category: Substantive
- Presumption of Knowledge
- Outcome: The court held that the accused failed to rebut the presumption of knowledge.
- Category: Substantive
- Chain of Custody
- Outcome: The court found that the prosecution had proven a complete chain of custody.
- Category: Procedural
8. Remedies Sought
- Conviction
- Punishment under section 33(1) of the Misuse of Drugs Act
- Punishment under section 33B of the Misuse of Drugs Act
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 |
|---|---|---|---|---|---|
| Masoud Rahimi bin Mehrzad v Public Prosecutor and another appeal | High Court | Yes | [2017] 1 SLR 257 | Singapore | Cited for the elements of the offence under s 5(1)(a) read with s 5(2) of the MDA. |
| Mohamed Affandi bin Rosli v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 440 | Singapore | Cited for the burden of proof on the Prosecution to prove that the drug exhibits analysed by the HSA are the very ones that were initially seized by the CNB officers from the accused. |
| R v Momodou | English Court of Appeal | No | [2005] EWCA Crim 177 | England and Wales | Cited for principles prohibiting witness training in criminal proceedings. |
| Ernest Ferdinand Perez De La Sala v Compañia De Navegación Palomar, SA and others and other appeals | Court of Appeal | Yes | [2018] 1 SLR 894 | Singapore | Cited for adopting the Momodou Principles in civil litigation cases, albeit with some modifications. |
| Regina v H | N/A | No | [1995] 2 AC 596 | N/A | Cited regarding admissibility of contaminated evidence. |
| Gobi a/l Avedian v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 180 | Singapore | Cited for the principles regarding the presumption of knowledge of the nature of a controlled drug under s 18(2) of the MDA. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for the principle that an assertion of ignorance is insufficient to displace the s 18(2) presumption. |
| Saravanan Chandaram v Public Prosecutor and another matter | Court of Appeal | Yes | [2020] 2 SLR 95 | Singapore | Cited for factors to consider when assessing the veracity of an accused's assertion regarding what he thought an item was. |
| 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 holds drugs only with the intention to return them to the original depositor does not possess the drugs for the purpose of trafficking. |
| Public Prosecutor v Ranjit Singh Gill Menjeet Singh and another | Court of Appeal | Yes | [2017] 3 SLR 66 | Singapore | Cited regarding the relevance of evidence of previous dealings. |
| Mohammad Farid bin Batra v Public Prosecutor and another appeal and other matters | Court of Appeal | Yes | [2020] 1 SLR 907 | Singapore | Cited regarding the relevance of evidence of previous dealings. |
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 |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B | Singapore |
| Misuse of Drugs Act s 18(2) | 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 264 | Singapore |
| Evidence Act 1893 (2020 Rev Ed) s 62(1) | Singapore |
| Misuse of Drugs Act s 2 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- Chain of Custody
- Presumption of Knowledge
- Ganja
- Hot one
- Ice
- Red Wine
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Drug Offences
- Evidence
- Criminal Procedure
17. Areas of Law
- Criminal Law
- Statutory Offences
- Drug Trafficking
- Misuse of Drugs Act