Seow Koon Guan v Public Prosecutor

• Jurisdiction: Singapore
• Judgment Date: 24 January 1978
• Date: 24 January 1978
• Docket Number: Criminal Appeal No 4
• Court: Court of Appeal (Singapore)

Seow Koon Guan

Plaintiff

and

Public Prosecutor

Defendant

[1978] SGCA 6

Wee Chong Jin CJ

,

T Kulasekaram J

and

D C D'Cotta J

Criminal Appeal No 4 of 1977

Court of Criminal Appeal

Criminal Law–Statutory offences–Misuse of Drugs Act 1973 (Act 5 of 1973)–Whether mere possession of a controlled drug for the purpose of trafficking constitutes the doing of an act for the purpose of trafficking–Section 3 (c) Misuse of Drugs Act 1973 (Act 5 of 1973)

The appellant had been convicted by the High Court and sentenced to death on the charge of doing an act for the purpose of trafficking in a controlled drug by having in his possession 55.48g of diamorphine.

At trial, the appellant admitted that he had bought the 14.37g of diamorphine found in an earthernware pot underneath his kitchen table. The trial judges also accepted that the appellant had been seen throwing away a paper bag which contained 41.11g of diamorphine. The trial judges held that the appellant failed to rebut the presumption raised against him by virtue of s 15 of the Misuse of Drugs Act 1973 (Act 5 of 1973) (“the Act”) and therefore had, by having in his possession 55.48g of diamorphine, committed an act for the purpose of trafficking the drugs.

On appeal, the Court of Appeal set aside the conviction and sentence, substituting a conviction under s 6 (a) of the Act for possession of 55.48g of diamorphine and sentenced the appellant to imprisonment for a term of ten years.

Held, allowing the appeal:

Possession per se of a controlled drug constituted an offence under s 6 (a) of the Act only. However, if the quantity possessed attracted the statutory presumption under s 15 that the possession of the controlled drug was for the purpose of trafficking therein, the person in possession could be charged with and found guilty of an offence under s 3 (c)of the Act if it can be proved that he did or offered to do any act preparatory to or for the purpose of trafficking therein. An essential ingredient of s 3 (c) was the doing of or offering to do an act preparatory to or for the purpose of trafficking in a controlled drug. Mere possession of a controlled drug for the purpose of trafficking therein does not constitute the doing of an act for the purpose of trafficking therein: at [9].

Misuse of Drugs Act 1973 (Act 5 of 1973) s 3 (c) (consd); ss 6 (a), 15

Datuk David Marshall (David Marshall) for the appellant

E C Foenander and R G Neighbour (Deputy Public Prosecutors)...