Public Prosecutor v Tan Tiew Guay (f) and Another

Public Prosecutor v Tan Tiew Guay (f) and Another

Judge found on credibility and contextual evidence that the 23.21g of heroin belonged to and was controlled by the second accused, who was guilty of possession for trafficking; the first accused was only momentarily holding 5.29g as a bailee and successfully rebutted the trafficking presumption, resulting in conviction only for simple possession of 5.29g.

Citation
[2000] SGHC 256
Parties
Prosecution: Public Prosecutor; First Accused: Tan Tiew Guay; Second Accused: Chow Mun Fai
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
29 November 2000
Case Number
CC 69/2000
Procedural Posture
Criminal (drug Trafficking) / High Court Trial and Judgment
Outcome
First accused (Tan Tiew Guay) convicted of possession of 5.29g heroin (not trafficking) and sentenced to 8 months' imprisonment. Second accused (Chow Mun Fai) convicted of possession of 23.21g heroin for trafficking and sentenced to death.
Legal Topics
Possession, Trafficking, Presumption of Trafficking, Spousal Communications (s 124 Evidence Act), Credibility and Hostile Witness
Source Language
English
Criminal Law Drugs Law Evidence Law Possession Trafficking Presumption of Trafficking Spousal Communications (s 124 Evidence Act) Credibility and Hostile Witness

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Parties

Public Prosecutor

Prosecution

Tan Tiew Guay

First Accused

Chow Mun Fai

Second Accused

Procedural Posture

Criminal (drug Trafficking) / High Court Trial and Judgment

Legal Issues

  1. 1 Whether each accused was in possession of the heroin found and whether possession was for purposes of trafficking
  2. 2 Whether the first accused rebutted the statutory presumption of trafficking
  3. 3 Effect of s 124 Evidence Act on spouse's refusal to permit disclosure and whether adverse inference may be drawn

Ratio Decidendi

Judge found on credibility and contextual evidence that the 23.21g of heroin belonged to and was controlled by the second accused, who was guilty of possession for trafficking; the first accused was only momentarily holding 5.29g as a bailee and successfully rebutted the trafficking presumption, resulting in conviction only for simple possession of 5.29g.

Court Disposition

First accused (Tan Tiew Guay) convicted of possession of 5.29g heroin (not trafficking) and sentenced to 8 months' imprisonment. Second accused (Chow Mun Fai) convicted of possession of 23.21g heroin for trafficking and sentenced to death.

Orders

  • Tan Tiew Guay sentenced to 8 months imprisonment for possession of 5.29g heroin.
  • Chow Mun Fai found guilty of possession for trafficking of 23.21g heroin and sentenced to death.