Public Prosecutor v Tan Kim Hup: Trafficking of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Tan Kim Hup, the High Court of Singapore convicted Tan Kim Hup on 20 October 2016 for trafficking diamorphine under the Misuse of Drugs Act. The accused was found in possession of 27 packets containing not less than 126.4 grams of diamorphine. The court imposed the mandatory death sentence after the accused remained silent and the prosecution proved its case beyond a reasonable doubt.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused convicted of the charge.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Tan Kim Hup was convicted of trafficking diamorphine under the Misuse of Drugs Act. The High Court imposed the mandatory death sentence after the accused remained silent.
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 | Tan Wee Hao of Attorney-General’s Chambers Andrew Tan of Attorney-General’s Chambers |
| Tan Kim Hup | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Wee Hao | Attorney-General’s Chambers |
| Andrew Tan | Attorney-General’s Chambers |
| Daniel Chia Hsiung Wen | Morgan Lewis Stamford LLC |
| Chia Soo Michael | MSC Law Corporation |
| Hany Soh Hui Bin | MSC Law Corporation |
4. Facts
- Accused faced 19 charges under the Misuse of Drugs Act; 18 charges were stood down.
- Accused was charged with possessing 4456.6 grams of substance containing not less than 126.4 grams of diamorphine for trafficking.
- Accused pleaded guilty, but the court required the prosecution to adduce evidence.
- Accused admitted to possessing the 27 packets of diamorphine.
- Accused claimed he collected, stored, and delivered drugs for 'MK' in exchange for payment and drugs.
- Accused rented an apartment 10 days before his arrest to store drugs.
- Accused's DNA was found on drug exhibits recovered from his apartment.
5. Formal Citations
- Public Prosecutor v Tan Kim Hup, Criminal Case No 52 of 2016, [2016] SGHC 237
6. Timeline
| Date | Event |
|---|---|
| Accused committed offence of trafficking in a Class ‘A’ Controlled Drug | |
| Accused and Lim Kee Wan arrested | |
| Trial began | |
| Judgment issued |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of drug trafficking.
- Category: Substantive
8. Remedies Sought
- Conviction
- Mandatory Death Sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Misuse of Drugs Act s 17(c) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Misuse of Drugs Act
- Presumption of Trafficking
- Central Narcotics Bureau
- Health Sciences Authority
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Misuse of Drugs Act
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 100 |
| Criminal Law | 90 |
| Criminal Procedure | 60 |
| Evidence | 50 |
| Penal Code | 40 |
16. Subjects
- Criminal Law
- Drug Trafficking