Public Prosecutor v Yap Siew Luan

• Jurisdiction: Singapore
• Judge: Tay Yong Kwang JC
• Judgment Date: 30 April 2002
• Neutral Citation: [2002] SGHC 93
• Court: High Court (Singapore)
• Published date: 20 March 2013
• Year: 2002
• Plaintiff Counsel: Christopher Ong and Jason Tan (Attorney-General's Chambers)
• Defendant Counsel: Chua Eng Hui (assigned) (Infinitus Law Corporation) and Yap Sze Hon (assigned) (Low Yeap Toh & Goon)
• Citation: [2002] SGHC 93

Judgment

GROUNDS OF DECISION

THE CHARGE

1. The Accused is a 45 year old female. She has pleaded guilty to the following amended charge :

"That you, Yap Siew Luan

on the 29^th day of October 2001, at or about 8.55 pm, in a motor car SBX 9744 C at Woodlands Checkpoint, Singapore, did import into Singapore a controlled drug specified in Class ‘A’ of the First Schedule to the Misuse of Drugs Act, Chapter 185, to wit, 1 packet of granular substance containing not less than 249.9 grammes of methamphetamine, without any authorisation under the said Act or the regulations made thereunder, and you have thereby committed an offence under section 7 of the Misuse of Drugs Act, Chapter 185 and punishable under section 33 of the Misuse of Drugs Act."

2. The original charge alleged importation of 386.1 grammes of methamphetamine, which would have attracted the mandatory death penalty upon conviction.

THE STATEMENT OF FACTS

3. The facts leading to the above charge are set out quite succinctly in the Statement of Facts below :

"The Accused

1. The accused person is Yap Siew Luan (‘the accused’), a female Singaporean, aged 45 years old, residing at Blk 810 Tampines Ave 4 #04-187. She was working as a part time driver.

The Scene of Crime

2. On 29 October 2001 at about 8.55 pm, acting on intelligence information, CNB officers at the Car Arrival Bay, Woodlands Checkpoint, Singapore, stopped a Singapore-registered dark grey Mitsubishi car with registration number SBX 9744 C, driven by the accused from Malaysia into Singapore.

3. A search of the car was conducted and a box was recovered under the driver’s seat. The box contained a crystalline substance, believed to be methamphetamine, weighing about 516 grams.

4. The accused then gave oral statements to the CNB officers at the scene admitting that she brought in the drugs and she knew that the drugs were ‘ice’.

HSA Analysis

5. The HSA analysis confirmed that the box contained a gross weight of 499.6 grams of methamphetamine in crystalline salt form. Upon further analysis, the nett weight of methamphetamine was found to be not less than 249.9 grams."

ANTECEDENTS

4. The Accused has no previous conviction. The Prosecution makes no submission on sentence.

MITIGATION

5. The Accused is single and received formal education up to Secondary 4. She first worked as a bus driver and later as a night-shift taxi driver.

6. In the course of her work as a taxi driver, she became acquainted with one ‘Alice’ (a pseudonym used as other investigations are still under way). Alice became a regular customer, booking the Accused’s taxi two or three times a week. Alice was generous, often paying the Accused more than the metered fare. She also helped the Accused discharge her debts owed to moneylenders, incurred because of her past gambling habit, and other legitimate debts.

7. In late September or early October 2001, Alice invited the Accused to her home and introduced her to the drug "Ice". After that first experience of drug consumption, the Accused found that it perked her up. She then began to consume "Ice" regularly with Alice after the taxi trips together. Alice never asked for payment for the drug.

8. Later, Alice needed taxi service in the daytime as well. The Accused could not provide such as the taxi was hired by another taxi driver during the day. Alice then suggested that the Accused rent a car in the Accused’s name. Alice told her that was necessary as she (Alice) had irregular sleeping hours and might not be able to return the car to the rental company on time if it were in her name. The Accused agreed and a car was rented on several occasions during which time, the Accused would ferry Alice around and be paid as if she had provided taxi service. Alice would also pay the hire charges for the car.

9. On 29...