PUBLIC PROSECUTOR v TAN KIM HUP & Anor

PUBLIC PROSECUTOR v TAN KIM HUP & Anor

The prosecution proved beyond a reasonable doubt that the accused possessed 27 packets containing a net total of 126.4g diamorphine; the accused did not rebut the statutory presumption under s17(c) that possession was for trafficking; accordingly he was convicted of trafficking and sentenced to death under s33(1);...

Source-derived case information.

Citation
[2016] SGHC 237
Parties
Prosecution: Public Prosecutor; Accused: Tan Kim Hup
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
20 October 2016
Case Number
HC/CC 52/2016
Procedural Posture
Criminal (misuse of Drugs Act) / Trial — Prosecution Evidence Led Under S227(3) Cpc; Accused Convicted and Sentenced
Outcome
Accused convicted of trafficking in diamorphine and sentenced to death
Legal Topics
Trafficking, Presumption of Trafficking, Mandatory Death Penalty, Alternative Sentencing (s33 B), Chain of Custody, DNA Evidence
Source Language
english
Criminal Law Statutory Offences Drug Law Trafficking Presumption of Trafficking Mandatory Death Penalty Alternative Sentencing (s33 B) Chain of Custody +1 more

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Parties

Public Prosecutor

Prosecution

Tan Kim Hup

Accused

Procedural Posture

Criminal (misuse of Drugs Act) / Trial — Prosecution Evidence Led Under S227(3) Cpc; Accused Convicted and Sentenced

Legal Issues

  1. 1 Whether the accused possessed diamorphine for the purpose of trafficking
  2. 2 Whether the statutory presumption under s17(c) of the Misuse of Drugs Act was rebutted
  3. 3 Whether the evidence proved guilt beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond a reasonable doubt that the accused possessed 27 packets containing a net total of 126.4g diamorphine; the accused did not rebut the statutory presumption under s17(c) that possession was for trafficking; accordingly he was convicted of trafficking and sentenced to death under s33(1); s33B did not apply.

Court Disposition

Accused convicted of trafficking in diamorphine and sentenced to death

Orders

  • Convicted under s5(1)(a) read with s5(2) of the Misuse of Drugs Act
  • Sentenced to death under s33(1) of the Misuse of Drugs Act