Yeo Kang Oh v Public Prosecutor: Trafficking Diamorphine & Misuse of Drugs Act
Yeo Kang Oh appealed to the Court of Appeal of Singapore on November 9, 2001, against his conviction by Justice Kan Ting Chiu for trafficking in 25.55 grams of diamorphine under section 5(1)(a) read with section 5(2) of the Misuse of Drugs Act. Yeo's defense was that he only owned half of the drugs and intended to traffic only a quarter. The Court of Appeal, comprising Chao Hick Tin JA, L P Thean JA, and Yong Pung How CJ, dismissed the appeal, upholding the conviction and the death sentence.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Yeo Kang Oh appeals against his conviction for trafficking diamorphine under Singapore's Misuse of Drugs Act. The Court of Appeal dismissed the appeal, upholding the original conviction and death sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment Upheld | Won | Ng Cheng Thiam of Deputy Public Prosecutor |
| Yeo Kang Oh | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | No |
| L P Thean | Judge of Appeal | No |
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Cheng Thiam | Deputy Public Prosecutor |
| Chua Eng Hui | Infinitus Law Corporation |
| Peter Ong Lip Cheng | Thomas Loh Partnership |
4. Facts
- Yeo was charged with trafficking 25.55 grams of diamorphine.
- Yeo met Tan, who offered him accommodation in his flat.
- Yeo bought one pound of heroin from Xiao Tee.
- Yeo transferred the drugs to the utility room in Tan's flat.
- CNB officers arrested Tan and See, finding heroin in the van.
- Officers raided Tan's flat and found drugs in the utility room.
- Yeo jumped from the flat to avoid arrest.
5. Formal Citations
- Yeo Kang Oh v Public Prosecutor, Cr App 14/2001, [2001] SGCA 74
6. Timeline
| Date | Event |
|---|---|
| Yeo met Xiao Tee and bought heroin. | |
| Yeo paid Xiao Tee for the drugs. | |
| CNB officers stopped Tan, See, and her grandson. | |
| Officers raided the Toa Payoh flat. | |
| Judgment issued |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court upheld the conviction for trafficking in diamorphine.
- Category: Substantive
- Admissibility of Statements
- Outcome: The court found the statements made by the appellant to be admissible and reliable.
- Category: Procedural
- Findings of Fact by Trial Judge
- Outcome: The court held that an appellate court will generally be reluctant to overturn the trial judge's findings of fact, especially where they turn on the trial judge's assessment of the credibility and veracity of witnesses.
- Category: Procedural
- Related Cases:
- [2000] 1 SLR 454
- [1998] 3 SLR 656
- [1999] 3 SLR 93
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Appeals
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Ng Ai Tiong | Court of Appeal | Yes | [2000] 1 SLR 454 | Singapore | Cited for the principle that an appellate court will generally be reluctant to overturn the trial judge's findings of fact, especially where they turn on the trial judge's assessment of the credibility and veracity of witnesses. |
| Yap Giau Beng Terence v PP | Unknown | Yes | [1998] 3 SLR 656 | Singapore | Cited as a case supporting the principle that an appellate court will generally be reluctant to overturn the trial judge's findings of fact. |
| Tan Hung Yeoh v PP | Unknown | Yes | [1999] 3 SLR 93 | Singapore | Cited as a case supporting the principle that an appellate court will generally be reluctant to overturn the trial judge's findings of fact. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap. 185) | Singapore |
| Misuse of Drugs Act (Cap. 185) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap. 185) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap. 185) s 33 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Misuse of Drugs Act
- CNB
- Statements to CNB
- Ownership of Drugs
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Drug Trafficking | 80 |
| Criminal Law | 70 |
| Criminal Procedure | 60 |
| Admissibility of evidence | 50 |
| Sentencing | 40 |
16. Subjects
- Criminal Law
- Drug Offences
- Appeals