Woon Kah Wai v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Chay Yuen Fatt
• Judgment Date: 27 March 2001
• Neutral Citation: [2001] SGDC 96
• Published date: 19 September 2003
• Court: District Court (Singapore)

JUDGMENT:

Grounds of Decision

The Charges

The accused was convicted after trial of the following 8 charges:

Misuse of Drugs Act (Cap 185)

(1) Trafficking in N,a -dimethyl-3,4-(methylenedioxy) phenethylamine (Class A controlled drug);

(2) Trafficking in a -methyl-3,4-(methylenedioxy)phenethlyamine (Class A controlled drug);

(3) Trafficking in methamphetamine (Class A controlled drug);

(4) Trafficking in cannabis mixture (Class A controlled drug);

(5) Trafficking in ketamine (Class B controlled drug);

(6) Trafficking in nimetazepam tablets (Class C controlled drug);

(7) Possession of nimetazepam tablets (Class C controlled drug);

Corrosive and Explosive Substances and Offensive Weapons Act (Cap 65)

(8) Possession of offensive weapons (ie 2 daggers).

She was given an aggregate imprisonment sentence of 5 years and 6 months. This appeal is only against her conviction.

The Prosecutions Case

2. The evidence of the facts as presented by the prosecution was largely undisputed. The evidence was that on 17^th March 2000 at about 3 am, the accused was in a car driven by her boyfriend when they were stopped at a police road block along North Buona Vista Road in the direction of Holland Road. At the material time, they were heading back to the accuseds flat at Blk 21 Dover Crescent.

3. The events which subsequently transpired are set out in woman Sergeant Kiran Kushum Kumari Devis written statement (exhibit PS4) which was not disputed by the defence. She was one of the police officers at the road block. Her statement read as follows:

"On 17/03/2000 at about 3 am, my partner, Sergeant Tan Sze Yong and I, together with team of police officers were conducting a road block along North Buona Vista Road towards the direction of Holland Road, just opposite Ayer Rajah Crescent. Sergeant Tan Sze Yong was assisting in the manning of the road block point while I performed the checking and screening of vehicles that had been called aside.

At about 3.20 am, a vehicle SBT 8503 J was called aside by the officers present to be checked upon. There was a male Chinese and a female Chinese in the vehicle. The vehicle was driven by the male Chinese and a female Chinese was seated in the front passenger seat. There were no other passengers in the said vehicle. I asked the two subjects to come out of the vehicle. They did so and promptly handed their respective identity cards to me. Both subjects were empty-handed. One of the officers, Sergeant Yong Kin Chai searched the interior of the said vehicle, while I recorded the particulars of the two subjects on the statistics form. The male Chinese was ascertained to be one Tan Watt Chye, IC: S1149321-A, residing at Blk 3 Ghim Moh Road #03-300. The female Chinese was ascertained to be one Woon Kah Wai, IC: S7238736-H, residing at Blk 21 Dover Crescent #05-332.

While Sergeant Yong Kin Chai was asking the male subject questions, I was with the female subject and we were standing at the rear of vehicle SBT 8503 J. Suddently the male subject struggled with Sergeant Yong Kin Chai. I then called out to the other two officers for assistance. Before we could reach the vehicle, the male subject had started the vehicel and had driven off in the direction of Dover Road. I immediately called to my division via my radio and asked for assistance from other police vehicles in the nearby vicinity to apprehend the fleeing male subject in the said vehicle. I, together with Sergeant Tan Sze Yong, chased after the said vehicle in our police vehicle. At this point, the female subject was left at the road block point.

A while later, I asked Sergeant Tan Sze Yong to return to the road block point to look for the female subject. We thought that the female subject might be able to inform us of where the male subject was heading. However, when we arrived at the road block point, the female subject was no longer there. While all other police vehicles were looking for the male subject in vehicle SBT 8503 J, Sergeant Tan Sze Yong and I proceeded to the address of the female Chinese at Blk 21 Dover Crescent #05-332 in search of her.

When we arrived at the ground floor of Blk 21 Dover Crescent, we were joined by Staff Sergeant Mark Yeo Teck Chuan and his partner Corporal Teo Lai Heng. We then saw a female subject carrying a plastic bag in her hand. At the time, the female subject was getting into a NTUC Comfort taxi. The taxi was at the car park and in front of Blk 21 Dover Crescent and about fifty metres away from us. The four of us then chased after the taxi which was moving away. We managed to stop the taxi after a short distance. Sergeant Tan Sze Yong opened the rear right passenger door and asked the female subject to step out of the taxi. The female subject stepped out of the taxi. She was carrying with her the plastic bag which, moments earlier, we had seen her carrying into the taxi. Sergeant Tan Sze Yong and I confirmed that the female subject was the same person we had conducted checks on at the road block point. I also noticed that there was no other plastic bag in the taxi.

Together with Staff Sergeant Mark Yeo and Corporal Teo, I searched the plastic bag and discovered that the bag contained various forms of tablets and powdery substances. We believed that the tablets and powders found in the plastic bag were controlled drugs. Further, two daggers covered with sheaths were recovered from within the bag. Upon questioning, the female subject claimed that the exhibits found in the plastic bag belonged to the male subject who had earlier fled in vehicle SBT 8503 J.

On the same day at about 4 am, I placed the female subject under arrest for the offences of possession of a controlled drug and of offensive weapons. Sergeant Tan Sze Yong and I then brought the case exhibits and the female subject back to our station for further investigation."

4. The "tablets and powdery substances" found in the plastic bag of the accused were analysed and determined to be the various controlled drugs which form the subject matter of the trafficking charges under the Misuse of Drugs Act. In addition, 7 nimetazepam tablets were recovered from her handbag and these form the subject matter of the possession charge. The chain of evidence and the results of the scientific analysis were not disputed. Finally, the two daggers which were found in the plastic bag with the drugs form the subject matter of the charge under the Corrosive and Explosive Substances and Offensive Weapons Act.

5. Two statements (exhibits PS1-2) which had been recorded from the accused were also admitted as evidence with the consent of the defence. Briefly, she related the events leading up to the road block. Her boyfriend ("Tan") and she had sent Tans mother home at Blk 3 Ghim Moh Road #03-294 from the hospital. They then went for supper and was driving back to the accuseds flat when they were stopped at the road block. The rest of the events were consistent with...