Public Prosecutor v Yeo Moon Seng

• Jurisdiction: Singapore
• Judge: Salina Bte Ishak
• Judgment Date: 06 January 2015
• Neutral Citation: [2015] SGDC 1
• Court: District Court (Singapore)
• Hearing Date: 30 December 2014
• Docket Number: 924519—2014, Magistrate’s Appeal No: 9001 - 2015 - 01
• Plaintiff Counsel: DSP Mohd Shaharuddin Bin Abu
• Defendant Counsel: Mr Yeo Moon Seng, the Accused acting in person
• Published date: 09 January 2015

District Judge Salina Bte Ishak: The Charge

The Accused, Mr Yeo Moon Seng, had pleaded guilty to DAC 924519 - 2014, a single repeat drug consumption charge under Section 8(b)(ii) Misuse of Drugs Act (Cap 185, 2008 Rev Ed) and punishable under Section 33A(2) of the said Act. This charge is commonly referred to as a “long-term second-tier” or an “LT-2” charge which attract the enhanced penalties under the Act if a person has a prior conviction for a “long-term first-tier” or “LT-1” charge.

Summary of Facts

The Statement of Facts (“Exhibit PS1”) which the Accused had agreed to without qualification reads as follows: 1 The accused is Yeo Moon Seng, SXXXX160A, Male/57, DOB: 6 January 1957. 2 On 27 October 2014 at about 11.30 am at Tanglin Police Divisional HQ, accused was arrested by CNB officers. 3 A search was conducted but no drug exhibits was found.

Facts Pertaining to 1st Charge: Consumption of a Specified Drug – LT 2

4 At Tanglin Police Divisional HQ, the accused provided two bottles of his urine samples on 27 October 2014 which were sealed “CENTRAL NARCOTICS BUREAU” and marked “C-SE-14-00766-1 YEO MOON SENG SXXXX160A” and “C-SE-14-00766-2 YEO MOON SENG SXXXX160A” in his presence. 5 The said urine samples were sent to the Health Sciences Authority (HSA) on 28 October 2014 for analysis. 6 The HSA subsequently issued two Certificates under Section 16 of The Misuse of Drugs Act (CAP. 185) bearing Lab Nos: AT-1433-10194-001-01 and AT-1433-10194-002-01 on 31 October 2014 respectively. 7 Quek Wee Kiat, an analyst with the Analytical Toxicology Laboratory of the HSA, having conduct of the analysis in relation to the urine sample marked as “C-SE-14-00766-1 YEO MOON SENG SXXXX160A” issued the Certificate bearing Lab No: AT-1433-10194-001-01, stating that on analysis, the said urine sample was found to contain Monoacetylmorphine. 8 Tan Joo Chin, an analyst with the Analytical Toxicology Laboratory of the HSA, having conduct of the analysis in relation to the urine sample marked as “C-SE-14-00766-2 YEO MOON SENG SXXXX160A” issued the Certificate bearing Lab No: AT-1433-10194-002-01, stating that on analysis, the said urine sample was found to contain Monoacetylmorphine. 9 Monoacetylmorphine is a Specified Drug listed in The Fourth Schedule to The Misuse of Drugs Act Chapter 185. 10 Monoacetylmorphine is a known metabolite of ‘diamorphine’.The accused smoked ‘Pei Hoon’ (‘Pei Hoon’ is the street name for diamorphine) by pouring some ‘Pei Hoon’ from a straw onto a small piece of cut aluminium foil. He then burned the bottom of the aluminium foil containing the ‘Pei Hoon’ using a lighter. Once ‘Pei Hoon’ melted, accused will then inhale the fumes through his mouth from a rolled up paper. The accused smoked ‘Pei Hoon’ alone in his house. The accused relapsed to smoking ‘Pei Hoon’ in August this year 2014. The...