Public Prosecutor v. Seet Poh Jing: Misuse of Drugs Act - Trafficking of Cannabis Mixture
In Public Prosecutor v. Seet Poh Jing, the High Court of Singapore found Seet Poh Jing guilty of possessing not less than 4509.2g of cannabis mixture for the purpose of trafficking, an offence under the Misuse of Drugs Act. Seet's defense, claiming the drugs were for research and development of cannabidiol (CBD), was rejected. The court imposed the mandatory death penalty. The Prosecution was represented by Nicholas Wuan Kin Lek, Jotham Tay Zi Xun and Quek Lu Yi from the Attorney-General’s Chambers, and the Accused was represented by Andre Darius Jumabhoy from Andre Jumabhoy LLC and Sankar s/o Kailasa Thevar Saminathan from Sterling Law Corporation.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Guilty and convicted; mandatory death penalty imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Seet Poh Jing was convicted of possessing cannabis mixture for trafficking under the Misuse of Drugs Act. The court found he failed to rebut the presumption of trafficking.
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 | Nicholas Wuan Kin Lek of Attorney-General’s Chambers Jotham Tay Zi Xun of Attorney-General’s Chambers Quek Lu Yi of Attorney-General’s Chambers |
| Seet Poh Jing | Defendant | Individual | Guilty and convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge of the Appellate Division | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nicholas Wuan Kin Lek | Attorney-General’s Chambers |
| Jotham Tay Zi Xun | Attorney-General’s Chambers |
| Quek Lu Yi | Attorney-General’s Chambers |
| Andre Darius Jumabhoy | Andre Jumabhoy LLC |
| Sankar s/o Kailasa Thevar Saminathan | Sterling Law Corporation |
4. Facts
- Seet was arrested on 28 June 2018 with 4509.2g of cannabis mixture in his possession.
- Seet admitted to possessing the drugs and knowing they were cannabis mixture.
- Seet claimed the drugs were for research and development of CBD, not trafficking.
- Seet sent messages advertising cannabis for sale shortly before his arrest.
- Drug-related paraphernalia was found with the drugs.
- Seet gave inconsistent statements regarding the purpose of possessing the drugs.
- Seet claimed to be suffering from a drug-induced hypomanic episode.
5. Formal Citations
- Public Prosecutor v Seet Poh Jing, Criminal Case No 47 of 2022, [2024] SGHC 95
6. Timeline
| Date | Event |
|---|---|
| Seet and Elizabeth Leong Ai Ying arrested. | |
| BMW searched; drugs seized. | |
| Seet's residence searched. | |
| Contemporaneous statement recorded from Seet. | |
| Cautioned statement recorded from Seet. | |
| Long statements recorded from Seet. | |
| Long statement recorded from Seet. | |
| Long statement recorded from Seet. | |
| Long statement recorded from Seet. | |
| Dr. Kenneth Koh interviewed Seet. | |
| Dr. Kenneth Koh interviewed Seet. | |
| Dr. Kenneth Koh interviewed Seet. | |
| Cross-examination of SSS Eric. | |
| Cross-examination of IO. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Prosecution closed its case. | |
| Seet called upon to enter his defence. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Dr. Jacob Rajesh examined Seet. | |
| Dr. Jacob Rajesh examined Seet. | |
| Dr. Jacob Rajesh examined Seet. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Judgment reserved. |
7. Legal Issues
- Possession of Controlled Drugs for Trafficking
- Outcome: The court found that the accused failed to rebut the presumption of trafficking.
- Category: Substantive
- Sub-Issues:
- Rebuttal of presumption of trafficking
- Purpose of possession
- Drug-Induced Hypomania
- Outcome: The court found that the accused did not prove on a balance of probabilities that he suffered from a drug-induced hypomanic episode at the time of the offence.
- Category: Substantive
- Sub-Issues:
- Impact on intention
- Reliability of expert testimony
8. Remedies Sought
- Conviction
- Mandatory Death Penalty
9. Cause of Actions
- Possession of Controlled Drugs for the Purpose of Trafficking
10. Practice Areas
- Criminal Litigation
- Drug Trafficking
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 | High Court | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements required for a charge of trafficking under s 5(1)(a) of the MDA. |
| Ali bin Mohamad Bahashwan v Public Prosecutor and other appeals | Court of Appeal | Yes | [2018] 1 SLR 610 | Singapore | Cited for the burden lying on the accused to prove on a balance of probabilities that he had no purpose of trafficking. |
| Goh Joon Tong and another v Public Prosecutor | Court of Appeal | Yes | [1995] 3 SLR(R) 90 | Singapore | Cited regarding the weight to be given to statements where doubt is raised as to voluntariness. |
| Teo Ghim Heng v Public Prosecutor | Court of Appeal | Yes | [2022] 1 SLR 1240 | Singapore | Cited regarding the careful assessment of an accused person's self-reported symptoms. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 216 | Singapore | Cited for the requirements to qualify for the alternative sentencing regime under s 33B(3)(b) of the MDA. |
| Roszaidi bin Osman v Public Prosecutor | High Court | Yes | [2023] 1 SLR 222 | Singapore | Cited for the requirements to qualify for the alternative sentencing regime under s 33B(3)(b) of the MDA. |
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 (Cap 185, 2008 Rev Ed) s 17 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 2 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis mixture
- Trafficking
- CBD
- Research and development
- Hypomania
- Presumption of trafficking
- MDA
- Drug-induced
- Statements
- Exhibits
15.2 Keywords
- Cannabis
- Drugs
- Trafficking
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 95 |
| Drug Trafficking | 80 |
| Offences | 60 |
| Sentencing | 50 |
| Evidence Law | 40 |
| Statutory Interpretation | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Statutory Interpretation