Public Prosecutor v Chen Mingjian: Trafficking in Controlled Drugs & Presumption from Possession

In Public Prosecutor v Chen Mingjian, the High Court of Singapore found Chen Mingjian guilty of possessing 50.05g of diamorphine for the purpose of trafficking, an offense under the Misuse of Drugs Act. The court, presided over by Justice Choo Han Teck, rejected the defense's arguments regarding uncertainty about the nature of the drug and a break in the chain of possession. Chen Mingjian was convicted and sentenced to death on 2009-09-16.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Guilty as charged; sentenced to death.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Chen Mingjian was convicted of trafficking in more than 15g of diamorphine and sentenced to death. The court found no break in the chain of evidence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyGuilty as chargedWon
Adrian Loo of Attorney-General’s Chambers
Sharmila Sripathy-Shanaz of Attorney-General’s Chambers
Ng Cheng Thiam of Attorney-General’s Chambers
Chen MingjianDefendantIndividualSentenced to deathLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Adrian LooAttorney-General’s Chambers
Sharmila Sripathy-ShanazAttorney-General’s Chambers
Ng Cheng ThiamAttorney-General’s Chambers
Rupert Seah Eng CheeRupert Seah & Co.
B UthayachanranB Uthayachanran & Co

4. Facts

  1. The accused was arrested for delivering heroin.
  2. 50.05g of heroin was found in the accused's room.
  3. The heroin was found in three different locations within the room.
  4. The accused made statements confessing to possession and trafficking of diamorphine.
  5. Drug trafficking paraphernalia was found in the accused's room.
  6. The total weight of heroin found in the accused's possession exceeded 15g.

5. Formal Citations

  1. Public Prosecutor v Chen Mingjian, CC 37/2009, [2009] SGHC 208

6. Timeline

DateEvent
Judgment issued

7. Legal Issues

  1. Trafficking in Controlled Drugs
    • Outcome: The court found the accused guilty of trafficking in controlled drugs.
    • Category: Substantive
  2. Presumption from Possession
    • Outcome: The court applied the presumption from possession to find the accused guilty.
    • Category: Substantive
  3. Break in Chain of Evidence
    • Outcome: The court found that there was no break in the chain of evidence.
    • Category: Procedural

8. Remedies Sought

  1. Conviction
  2. Death penalty

9. Cause of Actions

  • Trafficking in a controlled drug

10. Practice Areas

  • Criminal Law
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Kiam Peng v PPCourt of AppealYes[2008] 1 SLR 1SingaporeCited regarding the interpretation of legislative intent in relation to the presumption of trafficking.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
Criminal Procedure Code, (Cap 68, 1985 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Possession
  • Peh hoon
  • Chain of evidence

15.2 Keywords

  • Drug trafficking
  • Heroin
  • Singapore
  • Criminal law
  • Capital charge

17. Areas of Law

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Evidence