PUBLIC PROSECUTOR v Soh Jing Zhe & Pong Jia Rong Kenji

[2024] SGHC 331 High Court (General Division) 31 December 2024 • HC/CC 5/2024 • 114 min read
24 cases cited (23 SG, 1 foreign) Cited by 1 case

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Practice Areas

Judges (1)

Counsel (16)

Parties (3)

Case Significance

Public Prosecutor v Soh Jing Zhe and another [2024] SGHC 331 is a judgment of the General Division of the High Court (Criminal Case No 5 of 2024) delivered by Mavis Chionh Sze Chyi J on 31 December 2024, following hearings across February, March, July and September 2024. The case concerned a joint trial of two accused persons. Pong Jia Rong Kenji faced a charge of trafficking in a Class A controlled drug on 14 April 2020, having in his possession five bundles containing not less than 42.02g of diamorphine, an offence under s 5(1)(a) read with s 5(2) and punishable under s 33(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed). Soh Jing Zhe was jointly tried on a charge of abetting by intentionally aiding Pong to traffic the drug bundles on 13 April 2020, an offence under s 5(1)(a) read with s 12 and punishable under s 33(1) of the MDA.

Summary

In this joint trial the Public Prosecutor charged Pong Jia Rong Kenji with trafficking in not less than 42.02g of diamorphine under the Misuse of Drugs Act, and charged Soh Jing Zhe with abetting by intentionally aiding Pong to traffic the drug bundles. The case engaged issues of the statutory presumption of knowledge under the Act, similar fact evidence, and adverse inferences, with the contested element being whether Pong possessed the bundles for the purpose of trafficking. The court found the charges proven beyond reasonable doubt and convicted both accused; finding the alternative sentencing regime inapplicable as neither was issued a certificate of substantive assistance, it imposed the mandatory death penalty on both.

What was Public Prosecutor v Soh Jing Zhe [2024] SGHC 331 about?

It was a joint High Court drug-trafficking trial decided by Mavis Chionh Sze Chyi J on 31 December 2024. Pong Jia Rong Kenji was charged with trafficking not less than 42.02g of diamorphine in five bundles, while Soh Jing Zhe was charged with abetting that trafficking under the Misuse of Drugs Act.

What evidential issues did the court address in [2024] SGHC 331?

The judgment by Mavis Chionh Sze Chyi J addressed the presumption of knowledge under s 18 of the Misuse of Drugs Act, the admissibility of similar fact evidence, and adverse inferences, with the Prosecution relying on the s 18 presumption that Pong knew the bundles contained diamorphine.

Statutes Cited

Cases Cited (24)

SG (2)
[2022] SGHC 103 [2024] SGCA 6
SLR (21)
[1996] 2 SLR(R) 178 [1996] 2 SLR(R) 799 [2006] 2 SLR(R) 70 [2006] 4 SLR(R) 45 [2007] 2 SLR(R) 983 [2011] 3 SLR 167 [2012] 3 SLR 440 [2015] 1 SLR 834 [2016] 3 SLR 965 [2017] 1 SLR 10 [2017] 1 SLR 257 [2018] 1 SLR 449 [2019] 1 SLR 1003 [2020] 1 SLR 1374 [2020] 1 SLR 486 [2021] 1 SLR 537 [2021] 1 SLR 67 [2022] 1 SLR 1152 [2022] 1 SLR 535 [2022] 2 SLR 778 [2023] 1 SLR 181
UK (1)
[1981] QB 720

Cited By (1)

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 331)