Public Prosecutor v Tan Siew Lam and Another

Public Prosecutor v Tan Siew Lam and Another

The prosecution established possession of three packets containing a net 62.76 grams of morphine; statutory presumptions under ss 17(1) and 5(2) MDA converted possession to trafficking; the 2nd accused, who handed the bag to the 1st accused and whose lies and conduct demonstrated knowledge or wilful blindness (s18), failed to rebut the presumptions on the balance of probabilities and was therefore guilty of trafficking.

Citation
[2000] SGHC 161
Parties
Prosecution: Public Prosecutor; 1st Accused: Tan Siew Lam; 2nd Accused: Anand Naidu A/L Raman
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
4 August 2000
Case Number
CC 51/2000
Procedural Posture
Criminal Drug Trafficking / Trial Conviction and Sentencing
Outcome
Both accused convicted of trafficking and sentenced according to law.
Legal Topics
Trafficking, Possession, Statutory Presumptions Under Misuse of Drugs Act, Wilful Blindness, Admissions and Statements, Phone Call Trace Evidence
Source Language
English
Criminal Law Drug Offences Evidence Trafficking Possession Statutory Presumptions Under Misuse of Drugs Act Wilful Blindness Admissions and Statements +1 more

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Parties

Public Prosecutor

Prosecution

Tan Siew Lam

1st Accused

Anand Naidu A/L Raman

2nd Accused

Procedural Posture

Criminal Drug Trafficking / Trial Conviction and Sentencing

Legal Issues

  1. 1 Whether accused were in possession of a controlled drug for the purpose of trafficking
  2. 2 Application and effect of presumptions under ss 17(1), 5(2) and 18 of the Misuse of Drugs Act
  3. 3 Whether 2nd accused had knowledge or wilfully shut his eyes to the fact that the bag contained drugs

Ratio Decidendi

The prosecution established possession of three packets containing a net 62.76 grams of morphine; statutory presumptions under ss 17(1) and 5(2) MDA converted possession to trafficking; the 2nd accused, who handed the bag to the 1st accused and whose lies and conduct demonstrated knowledge or wilful blindness (s18), failed to rebut the presumptions on the balance of probabilities and was therefore guilty of trafficking.

Court Disposition

Both accused convicted of trafficking and sentenced according to law.

Orders

  • 1st Accused (Tan Siew Lam) convicted of trafficking under s 5(1) read with s 5(2) of the Misuse of Drugs Act; sentenced according to law.
  • 2nd Accused (Anand Naidu A/L Raman) convicted of trafficking under s 5(1) of the Misuse of Drugs Act; sentenced according to law.