Public Prosecutor v Liang Shoon Yee: Trafficking of Methamphetamine
In Public Prosecutor v Liang Shoon Yee, the High Court of Singapore found Liang Shoon Yee guilty of trafficking in a controlled drug, specifically methamphetamine. Liang was charged with possessing 488.56 grams of crystalline substance containing 327.74 grams of methamphetamine for the purpose of trafficking. The court altered the charge to reflect that Liang was guilty of trafficking 269.1 grams of methamphetamine. The court also framed a further charge of drug possession under s 8(a) of the Misuse of Drugs Act with respect to 58.64 grams of methamphetamine.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Guilty of trafficking 269.1 grams of methamphetamine
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Liang Shoon Yee was charged with trafficking methamphetamine. The court found him guilty of trafficking 269.1 grams of methamphetamine.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Yang Ziliang, Phoebe Tan |
| Liang Shoon Yee | Defendant | Individual | Conviction | Lost | Eugene Thuraisingam, Johannes Hadi, Hilary Low |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Dedar Singh Gill | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yang Ziliang | Attorney-General’s Chambers |
| Phoebe Tan | Attorney-General’s Chambers |
| Eugene Thuraisingam | Eugene Thuraisingam LLP |
| Johannes Hadi | Eugene Thuraisingam LLP |
| Hilary Low | Eugene Thuraisingam LLP |
4. Facts
- Liang Shoon Yee, a Malaysian national, was arrested on 15 October 2019.
- Liang was found in possession of 20 packets containing 327.74 grams of methamphetamine.
- Liang claimed he intended to return two packets of methamphetamine to his supplier.
- Liang claimed some packets were for his personal consumption.
- Liang claimed some packets were part of his personal collection.
- The court found Liang was consuming methamphetamine at a rate of less than 0.5 gram per day.
- The court found Liang failed to rebut the presumption of trafficking for most of the methamphetamine.
5. Formal Citations
- Public Prosecutor v Liang Shoon Yee, Criminal Case No 8 of 2023, [2023] SGHC 263
6. Timeline
| Date | Event |
|---|---|
| Liang Shoon Yee was found in possession of methamphetamine in Equarius Hotel | |
| Liang Shoon Yee and Tenzin were arrested | |
| Trial began | |
| Trial concluded | |
| Judgment reserved |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court found the accused guilty of trafficking 269.1 grams of methamphetamine.
- Category: Substantive
- Sub-Issues:
- Possession of a controlled drug
- Knowledge of the nature of the drug
- Possession of the drug for the purpose of trafficking
- Related Cases:
- [2022] 2 SLR 778
- [2018] 2 SLR 1119
- [2017] 1 SLR 427
- Rebutting Presumption of Trafficking
- Outcome: The court found that the accused failed to rebut the presumption of trafficking for most of the methamphetamine in his possession.
- Category: Substantive
- Sub-Issues:
- Bailment Defence
- Consumption Defence
- Collector's Defence
- Related Cases:
- [2019] 1 SLR 1003
- [2022] 1 SLR 535
- [2021] 1 SLR 557
- Lucas Lies
- Outcome: The court found that the accused's lies did not amount to Lucas lies but eroded his credibility.
- Category: Procedural
- Related Cases:
- [2011] SGCA 52
- [2015] SGCA 33
- [1981] QB 720
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Drug Trafficking
- Drug Possession
10. Practice Areas
- Criminal Litigation
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Kamrul Hasan Abdul Quddus v Public Prosecutor | Singapore Court of Appeal | Yes | [2011] SGCA 52 | Singapore | Cited regarding Lucas lies and corroboration of evidence of guilt. |
| Chong Hoon Cheong v Public Prosecutor | Unknown | Yes | [2022] 2 SLR 778 | Singapore | Cited for elements to establish an offence 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 1119 | Singapore | Cited for elements to establish an offence under s 5(1)(a) read with s 5(2) of the MDA. |
| Muhammad bin Abdullah v Public Prosecutor and another appeal | Unknown | Yes | [2017] 1 SLR 427 | Singapore | Cited regarding the onus on the accused to rebut the presumption of trafficking on a balance of probabilities. |
| Ramesh a/l Perumal v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 1003 | Singapore | Cited regarding the bailment defence in drug trafficking cases. |
| Roshdi bin Abdullah Altway v Public Prosecutor and another matter | Court of Appeal | Yes | [2022] 1 SLR 535 | Singapore | Cited regarding the key inquiry of whether the bailee knew or intended that the bailment was part of the process of supply or distribution of drugs. |
| Sulaiman bin Jumari v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 557 | Singapore | Cited regarding the need for credible evidence to show the rate of consumption for a consumption defence. |
| Jusri bin Mohamed Hussain v PP | Unknown | Yes | [1996] 2 SLR(R) 706 | Singapore | Cited regarding the court not finding that a consumption defence is made out simply on the mere say-so of the accused. |
| Public Prosecutor v Ilechukwu Uchechukwu Chukwudi | Singapore Court of Appeal | Yes | [2015] SGCA 33 | Singapore | Cited regarding Lucas lies and corroboration of evidence of guilt. |
| Regina v Lucas (Ruth) | Unknown | Yes | [1981] QB 720 | England and Wales | Cited regarding the conditions for a Lucas lie. |
| R v Stanislas | Unknown | Yes | [2004] EWCA Crim 2266 | England and Wales | Cited regarding lies disassociating the accused from possession of drugs. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 5(1)(a) of the Misuse of Drugs Act | Singapore |
| s 5(2) of the Misuse of Drugs Act | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 33B of the Misuse of Drugs Act | Singapore |
| s 17 of the Misuse of Drugs Act | Singapore |
| s 17(h) of the Misuse of Drugs Act | Singapore |
| s 2 of the Misuse of Drugs Act | Singapore |
| s 8(a) of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code 2010 (2012 Rev Ed) | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
| s 128 of the Criminal Procedure Code | Singapore |
| s 33A of the Misuse of Drugs Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Trafficking
- Possession
- Bailment Defence
- Consumption Defence
- Collector's Defence
- Lucas Lies
15.2 Keywords
- Drug Trafficking
- Methamphetamine
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Drug Trafficking
- Misuse of Drugs Act
17. Areas of Law
- Criminal Law
- Statutory Offences
- Misuse of Drugs Act