Lim Eng Peng v Public Prosecutor

CourtDistrict Court (Singapore)
JudgeSalina Bte Ishak
Judgment Date29 May 2001
Neutral Citation[2001] SGDC 169
Citation[2001] SGDC 169
Published date19 September 2003

JUDGMENT:

Grounds of Decision

The Charge

1. The accused, Lim Eng Peng faced 1 charge of consumption of a controlled drug specified in Class B of the First Schedule of the Misuse of Drugs Act, Cap 185, ketamine, without authorisation under section 8(b) and punishable under section 33 of the said Act. She claimed trial to the said charge as set out below:

"Exhibit P 1"

DAC 057714-2000

1st Charge

You,

Lim Eng Peng, female/26 years

NRIC No: S 7432783D

are charged that you, on or about the 16th day of December 2000, did consume a controlled drug specified in Class B of the First Schedule of the Misuse of Drugs Act cap 185, to wit, Ketamine, without authorisation under the said Act or Regulations made thereunder and you have thereby committed an offence punishable under Section 33 of the Misuse of Drugs Act, Cap 185.

AND FURTHER

that you, before committing of the said offence, that is to say, on 27-5-97, had been convicted by Court 23 of the Subordinate Courts of Singapore, of an offence under section 8(b) of the Misuse of Drugs Act, Chapter 185, which conviction has not been set aside, and that you are thereby liable to enhanced punishment under section 33(3) of the Misuse of Drugs Act, Chapter 185.

2. At the end of the trial, I found her guilty of the said charge and convicted her accordingly. In respect of DAC 057714-2000, I sentenced her to a term of imprisonment of 3 years, which is the minimum sentence in respect of a second or subsequent conviction. She is dissatisfied with the conviction and is now appealing against my decision. Before setting out my reasons, I will first set out the facts of the case below.

Case for the Prosecution

Agreed Facts

3. The Complainant is ASP(CNB) Ong Pang Thong attached to the Intelligence Division, central Narcotic Bureau.

4. The Accused is one Lim Eng Peng, female 26 years old, NRIC No: 7432783-D of Blk 242, Bukit Panjang Ring Road, #03-163. She is a public relations officer (PRO).

5. On 16th December 2000 at about 12.35 am at De Grande Cognac, 5 Koek Road, #B2-01, Cuppage Plaza, the accused was arrested for consumption of a controlled drug.

6. On the same day, the Accused provided two bottles of her urine specimen, marked and sealed in her presence as C-SE-00-00938 and C-SE-00-00938-2. It was referred to the Department of Scientific Services for analysis. It was subsequently found to contain ketamine, which is a Class B Controlled Drug listed in the First Schedule to the Misuse of Drugs Act, Cap 185.

7. The accused was convicted on 27th May 1997 in Court 23 of the Subordinate Courts at Singapore, of an offence under Section 8(b) of the Misuse of rugs Act and thereby liable to enhanced punishment under section 33(3) of the Misuse of Drugs Act, cap 185.

8. In addition to the above agreed facts, it was also not disputed that as a result of the checks conducted by the CNB, 12 persons including the Accused person, were arrested on suspicion of having consumed controlled drugs. Two out of the 12 persons arrested were found in possession of ketamine while a third person was found in possession of 14 pink coloured tablets, believed to be controlled drugs, in a small container.

9. At the close of prosecution case, after a careful consideration of the prosecutions evidence, I found that the prosecution had made out a prima facie case against...

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