Lim Wei Fong, Nicman v PUBLIC PROSECUTOR

Case Significance

Lim Wei Fong Nicman v Public Prosecutor [2024] SGCA 33 was decided by the Court of Appeal of the Republic of Singapore in Criminal Appeal No 1 of 2024, with See Kee Oon JAD delivering the grounds of decision of the court, sitting with Tay Yong Kwang JCA and Belinda Ang Saw Ean JCA. The appeal was heard on 6 May 2024 and the grounds were issued on 26 August 2024. It was the appellant's appeal against his conviction on one charge under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) and punishable under s 33(1) of the MDA, for having in his possession four packets containing not less than 367.2 g of methamphetamine for the purpose of trafficking. The trial judge had imposed a sentence of life imprisonment and 15 strokes of the cane, with the grounds of decision set out in Public Prosecutor v Lim Wei Fong Nicman [2024] SGHC 3.

As recorded in the judgment, on 11 August 2020 at about 10.05pm a party of officers from the Central Narcotics Bureau arrested the appellant in a car bearing licence plate SMP7468Y at the junction of Jalan Besar and Petain Road; the appellant, a Singaporean male, was then 26 years old. The catchwords identify the issues as the general exception of duress and statutory offences under the Misuse of Drugs Act, and the matter also engaged the Criminal Procedure Code and the Penal Code. The court dismissed the appeal on 6 May 2024. The appellant was represented by counsel from Prolegis LLC, including Daniel Chia Hsiung Wen and Samyata Ravindran, while the Attorney-General's Chambers acted for the respondent.