PUBLIC PROSECUTOR v VEJIYAN A/L MUNIANDY & Anor

PUBLIC PROSECUTOR v VEJIYAN A/L MUNIANDY & Anor

Vejiyan failed to rebut the statutory presumption under s18(2) MDA and was therefore guilty of importing diamorphine, though his role was limited to that of a courier; Razak was proven beyond reasonable doubt to have conspired with Vejiyan and ‘Sasi’ to traffic at least 22.41g diamorphine by objective circumstantial...

Source-derived case information.

Citation
[2016] SGHC 76
Parties
Prosecution: Public Prosecutor; Accused: Vejiyan a/l Muniandy; Accused: Razak bin Dolla
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
10 May 2016
Case Number
HC/CC 59/2015
Procedural Posture
Criminal Drug Importation / Trial Judgment
Outcome
Both accused convicted as charged
Legal Topics
Importing Controlled Drugs, Abetment by Conspiracy, Presumption of Knowledge S18(2) MDA, Courier Role S33 B, Accomplice Evidence
Source Language
english
Criminal Law Statutory Offences Drugs Law Evidence Importing Controlled Drugs Abetment by Conspiracy Presumption of Knowledge S18(2) MDA Courier Role S33 B +1 more

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Parties

Public Prosecutor

Prosecution

Vejiyan a/l Muniandy

Accused

Razak bin Dolla

Accused

Procedural Posture

Criminal Drug Importation / Trial Judgment

Legal Issues

  1. 1 Whether accused Vejiyan rebutted presumption of knowledge under s18(2) MDA
  2. 2 Whether Vejiyan was only a courier under s33B
  3. 3 Whether Razak was a party to a conspiracy to traffic diamorphine

Ratio Decidendi

Vejiyan failed to rebut the statutory presumption under s18(2) MDA and was therefore guilty of importing diamorphine, though his role was limited to that of a courier; Razak was proven beyond reasonable doubt to have conspired with Vejiyan and ‘Sasi’ to traffic at least 22.41g diamorphine by objective circumstantial evidence (phone records, conduct at meeting, possession of the phone linked to the contact and other corroborative facts).

Court Disposition

Both accused convicted as charged

Orders

  • Vejiyan a/l Muniandy convicted under s7 Misuse of Drugs Act for importing not less than 51.9g diamorphine
  • Razak bin Dolla convicted for abetting trafficking by conspiracy under s5(1) read with s12 Misuse of Drugs Act in respect of not less than 22.41g diamorphine