Public Prosecutor v Cai Ximing

• Jurisdiction: Singapore
• Judge: Salina Bte Ishak
• Judgment Date: 05 October 2015
• Neutral Citation: [2015] SGDC 275
• Court: District Court (Singapore)
• Docket Number: DAC 909268—2015 & 6 Ors, Magistrate’s Appeal No 9168/ 2015/01
• Published date: 17 October 2015
• Year: 2015
• Hearing Date: 22 September 2015,01 September 2015
• Plaintiff Counsel: DPP Kavitha Uthrapathy, Attorney-General's Chambers
• Defendant Counsel: Mr Amarick Gill of Amarick Gill LLC & Mr Peter Keith Fernando of M/s Leo Fernando
• Citation: [2015] SGDC 275

District Judge Salina Bte Ishak: The Charges

The Accused, Mr Cai Ximing, 33-year-old Singaporean had pleaded guilty to three charges namely: DAC 909268 – 2015 – on 16 March 2015 at or about 11.35 am, at the carpark of Block 272C Punggol Walk, Singapore, did traffic in a Class A Controlled Drug listed in the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) by having in his possession for the purpose of trafficking one packet containing not less than 166.7 grams of methamphetamine, an offence under Section 5(1)(a) read with 5(2) Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.) and punishable under Section 33(1) of the Act. DAC 917967 – 2015 – on or before 16 March 2015, Singapore did consume methamphetamine, a specified drug listed in the Fourth Schedule to the Misuse of Drugs Act without authorization under the Act or the Regulation, an offence under Section 8(b)(ii) Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.) and punishable under Section 33(1) of the Act; DAC 917968 – 2015 – 16 March 2015 at about 2.45 pm, at Woodlands Checkpoint, Singapore did have in his possession three packets of crystalline substances containing not less than 6.64 grams of methamphetamine, a Class A controlled drug listed in the First Schedule of the Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.), an offence under Section 8(a) Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.).

Four remaining charges were taken into consideration for the purpose of sentencing namely: DAC 917969 – 2015 – on 16 March 2015 at at about 1.16 pm, at the carpark of Block 272C Punggol Walk, Singapore did traffic in a Class A Controlled Drug listed in the First Schedule to the Misuse of Drugs Act, Chapter 185, by having in his possession 140 light green tablets each stamped with an imprint of the NIKE logo weighing not less than 38.11 grams and one broken capsule containing not less than 0.19 grams of white/light crystalline/powdery substance analysed and found to contain ethylone, an offence under Section 5(1)(a) read with 5(2) Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.) and punishable under Section 33(1) of the Act; DAC 917970 – 2015 – on 16 March 2015 at at about 1.16 pm, at the carpark of Block 272C Punggol Walk, Singapore did traffic in a Class A Controlled Drug listed in the First Schedule to the Misuse of Drugs Act, Chapter 185, by having in his possession for the purpose of trafficking, 140 light green tablets each stamped with an imprint of a NIKE logo weighing not less than 38.11 grams which was analysed and found to contain methoxetamine, an offence under Section 5(1)(a) read with 5(2) Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.) and punishable under Section 33(1) of the Act; DAC 917971 – 2015 – on 16 March 2015 at at about 1.16 pm, at the carpark of Block 272C Punggol Walk, Singapore did traffic in a Class A Controlled Drug listed in the First Schedule to the Misuse of Drugs Act, Chapter 185, by having in his possession for the purpose of trafficking, three paper rolls containing not less than 1.08 grams of vegetable matter which was analysed and found to contain 5-Fluoro UR-144, an offence under Section 5(1)(a) read with 5(2) Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.) and punishable under Section 33(1) of the Act and DAC 917972 – 2015 – on 16 March 2015 at at about 1.16 pm, at the carpark of Block 272C Punggol Walk, Singapore, did traffic in a Class C Controlled Drug listed in the First Schedule to the Misuse of Drugs Act, Chapter 185, to wit, by having in his possession for the purpose of trafficking, 1959 tablets which were analysed and not less than 1763 tablets, and 21 fragmented tablets were found to contain nimetazepam, an offence under Section 5(1)(a) read with 5(2) Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.) and punishable under Section 33(1) of the Act.

Summary of Facts

The Accused had admitted to the following Statement of Facts (“Exhibit PS1”) without qualification.

Statement of Facts

1 The accused is Cai Ximing (“the accused”), a 33 year old male. He was born on 27 August 1982. At the material time, he was self-employed in the funeral services line.

2. On 16 March 2015 at about 11.00 am, acting on information received, Central Narcotics Bureau (“CNB”) officers were deployed to the vicinity of Blk 272C Punggol Walk, Singapore. At about 11.29 am, the officers deployed spotted one male later ascertained to be one Chua Wee Thye ([NRIC NUMBER REDACTED]) driving into Blk 271 Punggol Walk Multi Storey Car Park (MSCP).

3. The officers then observed Chua Wee Thye approach a silver Nissan van (“Van”) holding a plastic bag before leaving. At about 11.31 am, CNB officers observed the accused walking up to the back of the Van empty handed. Shortly after, the accused emerged from the back of the Van holding onto a white plastic bag.

4. At about 11.33 am, accused was arrested and the white plastic bag was seized. A packet containing crystalline substance was recovered in the said plastic bag. The said exhibit was then sealed in a tamper proof bag and marked “A1A1A1”. At about 11.35 am, Chua Wee Thye was arrested in the vicinity.

5. Following his arrest, the accused’s vehicle bearing registration plate number SGD611H was brought to Woodlands check point to be searched. During the search, at about 2:45pm, officers recovered 3 packets of crystalline substance in a black pouch located in a panel on the driver’s side. The said 3 packets were then sealed in a tamper proof bag and marked “C1”.

FACTS PERTAINING TO DAC-917967-2015 (CONSUMPTION OF A SPECIFIED DRUG)

6. After his arrest, the accused was brought back to Central Police Division HQ, where he provided two bottles of his urine samples which were marked as “C-SA-15-00417-1 CAI XIMING [NRIC NUMBER REDACTED]” and “C-SA-15-00417-2 CAI XIMING [NRIC NUMBER REDACTED]” and sealed ‘CENTRAL NARCOTICS BUREAU’ in his presence. On 17 March 2015, the said urine samples were sent to the Health Sciences Authority (“HSA”) for analysis.

7. On 19 March 2015 and 20 March 2015, HSA issued two Certificates pursuant s 16 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) “MDA”) bearing Lab Nos AT-1533-02477-001-03 and AT-1533-02477-002-03 respectively.

8. Bellene Chung, an analyst with the Analytical Toxicology Laboratory of the HSA, having conduct of the analysis in relation to the urine sample marked as “C-SA-15-00417-1 CAI XIMING [NRIC NUMBER REDACTED]” issued the Certificate bearing Lab No: AT-1533-02477-001-03, stating that on analysis, the said urine sample was found to contain Methamphetamine.

9. Lim Tze Han, an analyst with the Analytical Toxicology Laboratory of the HSA, having conduct of the analysis in relation to the urine sample marked as “C-SA-15-00417-2 CAI XIMING [NRIC NUMBER REDACTED]” issued the Certificate bearing Lab No: AT-1533-02477-002-03, stating that on analysis, the said urine sample was found to contain Methamphetamine.

10. The accused admitted in the course of investigations that he had last consumed ice in his car by using an improvised utensil two days prior to his arrest. Methamphetamine is a Specified Drug listed in the Fourth Schedule to the MDA. The accused is not authorised to consume methamphetamine under the MDA or the Regulations made thereunder.

FACTS PERTAINING TO DAC-909268-2015 (TRAFFICKING IN A CONTROLLED DRUG)

11. On 20 March 2015, A1A1A1” was sent to the HSA for analysis.

12. On 20 April 2015, Tan Sylvia, an analyst with the Illicit Drugs Laboratory of the HSA, issued a certificate under s 16 of the MDA bearing Lab No. ID-1532-00515-001, stating that the exhibit marked “A1A1A1” was found to be one packet containing not less than 248.5 grams of crystalline substance which was analysed and found to contain not less than 166.7 grams of methamphetamine. Methamphetamine is a Class A Controlled Drug listed in the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”).

13. Investigations revealed that the accused had ordered A1A1A1 (which he knew would contain 250 grams of methamphetamine) from his supplier in Malaysia known to him as “Da Ge” for S$12500/-. On 16 March 2015 at about 10.30 am, “Da Ge” called the accused and informed him that the methamphetamine was ready for his collection. “Da Ge” told the accused to go to a specified parking lot at the carpark of Blk 272C Punggol Walk to take the drugs from the rear of the vehicle parked there. While the accused was on his way to the parking lot, he saw Chua Wee Thye and recognised him to be the ‘deliveryman’ for drugs from previous occasions. The accused had just collected A1A1A1 before he was arrested, as stated in [3].

14. The accused had ordered drugs from “Da Ge” about 3-4 times previously. His first order was made in early January 2015. On that occasion, he had ordered 200 grams of ice (the street name for Methamphetamine) for S$10000/-. He later repacked the drugs into packets containing 5 grams which was sold at S$400/- per packet. The accused had planned to do the same for A1A1A1. He trafficked in drugs as he needed money to settle financial disputes with his business partners.

15. At all material times, the accused knew that A1A1A1 contained methamphetamine. The accused is not authorised under the MDA or the Regulations made thereunder to traffic in methamphetamine.

FACTS PERTAINING TO DAC-917968-2015 (POSSESSION OF A CONTROLLED DRUG)

16. On 20 March 2015, exhibit C1 was sent to Health Science Authority (HSA) for analysis.

17. On 20 April 2015, Tan Sylvia, an analyst with the Illicit Drugs Laboratory of the HSA, issued a certificate under s 16 of the MDA bearing Lab No. ID-1532-00515-025 stating that the exhibit marked “C1” was found to be three packets containing not less than 9.94 grams of crystalline substance which analysed and found to contain not less than 6.64 grams of methamphetamine.

18. Methamphetamine is a Class A Controlled Drug listed in the First Schedule to the MDA. The accused is not authorised under the MDA...