Public Prosecutor v Lim Eu Lee Kenny & anor

• Jurisdiction: Singapore
• Judge: Zainol Abeedin B Hussin
• Judgment Date: 08 February 2001
• Neutral Citation: [2001] SGDC 42
• Year: 2001
• Published date: 19 September 2003
• Citation: [2001] SGDC 42
• Court: District Court (Singapore)

JUDGMENT:

Grounds of Decision

1. The two accused were jointly charged with four counts of possession of ketamine and ecstacy. Kenny Lim was separately charged for consuming metamphetamine whereas Lim Kensen was separately charged for possessing a packet of ketamine. All the offences were committed within five hours, between 11.20 pm on 15.5.2000 and 4.15 am on 16.5.2000.

2. The prosecution proceeded with the following joint charge for possession and the separate charges against each of the accused, i.e. two charges against each accused:

DAC 35541 of 2000 (P1)

You

B1) Lim Eu Lee Kenny, Male 18 years

S8127308A

B2) Lim Kensen, Male 18 years

S8130576E

are charged that you, on or about the 15^th day of May 2000 at about 11.20 pm at MacDonalds restaurant at Jurong East Entertainment Centre, Singapore, in furtherhance to the common intention of both of you, did jointly possess a controlled drug specified in Class B of The First Schedule to The Misuse of Drugs Act, Cap 185, to wit one packet containing 1.53 gram of ketamine, without any authorisation under the said Act or the Regulations made thereunder and you have thereby committed an offence under Section 8(a) of the aforesaid Act, Cap 185 read with Section 34 of the Penal Code Cap 224 and punishable under Section 33 of the Misuse of Drugs Act, Cap 185.

DAC 35545 of 2000 (P5)

You,

Lim Eu Lee Kenny, male 18 years

S8127308A

are charged that you, on or about the 15^th day of May 2000 in Singapore, did consume a controlled drug in the Fourth Schedule to the Misuse of Drugs Act Cap 185, to wit, methamphetamine without any authorisation under the said Act, Cap 185 and you have thereby committed an offence under Section 8(b)(i) and punishable under Section 33 of the Misuse of Drugs Act, Cap 185.

DAC 35546 of 2000 (P6)

You,

Lim Kensen, male 18 years

S8130576E

are charged that you, on or about the 16^th day of May 2000 at about 4.15 am at the No. 358A River Valley Road, Singapore, did have in your possession, a controlled drug specified in Class B of the First Schedule to the Misuse of Drugs Act, Cap 185, to wit, one packet containing 0.05 gram of ketamine without authorisation under the said Act or the Regulations made thereunder and you have thereby committed an offence under Section 8(a) and punishable under Section 33 of the Misuse of Drugs Act, Chapter 185.

3. Both accused pleaded guilty to the two charges against each of them and they admitted to the facts in the joint Statement of Facts B, without qualifications. On 15.5.2000 both the accused, who were known to each other, obtained a sachet of ketamine from a man at the vicinity of Jurong East Central and they proceeded to MacDonalds restaurant at Jurong East Entertainment Centre. At 11.20 pm, the CNB received information and CNB officers arrested both the accused at the MacDonalds restaurant. They seized a motorcycle helmet held by Lim Kensen and recovered a sachet of powdery substance contained in a cigarette box found inside the helmet. Both accused admitted to the ownership of this sachet the contents of which were subsequently analysed and found to contain 1.53 grams of ketamine.

4. Lim Eu Lee Kenny was subjected to a urine test at 12.40 am on 16.5.2000 and his urine samples were sent to the DSS. Subsequently, on 30.5.2000, the Scientific Officers of the DSS certified that Lim Eu Lee Kennys two urine samples both tested positive for the controlled drug (marked D).

5. Lim Eu Lee Kenny was found guilty and convicted for being in possession of the 1.53 gram of Ketamine (DAC 35541/2000) and for consuming the controlled drug without authorisation on the same day (DAC 35545/2000). Lim Kensen was also found guilty and convicted for possession of the 1.53 gram of Ketamine on 15.5.2000 (DAC 35541/2000) and also for possession of 0.05 gram of Ketamine on 16.5.2000 about five hours later (DAC 35546/2000). Both accused admitted to the three other offences against each of them (DAC 35542 35544/2000) for possession of Ketamine; N, a- dimethyl-3, 4-(methylenedioxy) phenethylamine ("Ice"); and methamphetamine (Ecstacy) all on the same night of 15.5.2000. These were taken into consideration for their sentences.

6. Both accused, aged 18 years had no antecedant. Counsel for both accused tendered written mitigation pleas (D1 and D2) and read out from these. Mr Gurdip Singh highlighted that the drugs found in Kenny Lims possession, namely ice and ecstacy were for his own consumption and that they related "to one single transaction and were committed on the same date and time". This was not contradicted. Both accused came from broken homes. Kenny Lims parents were divorced when he was still very young, whereas Lim Kensens parents had matrimonial problems since 1995 and were divorced in February 2000.

7. When he was convicted, Kenny Lim was serving his National Service in the army and he would complete his service in January 2002. He passed his GCE O level examinations with six passes and was doing a Diploma course in computer studies since August 2000 and would pursue a degree in computer studies in Australia. Mr Gurdip Singh reasoned that, in view of the accuseds age; his clean record; his education; how he came to be involved in the offences; his remorse; his determination to turn over a new leaf and improve himself; and the support given by his mother and stepfather, probation should be considered. The accused impressed me to be contrite and, as he was presently in the army, I agreed to call for a pre-sentence report on him.

8. Lim Kensen was "awaiting enlistment for National Service when he was convicted". He was in the Singapore Polytechnic until his parents divorced...