PUBLIC PROSECUTOR v Gobi A/L Avedian

PUBLIC PROSECUTOR v Gobi A/L Avedian

On the evidence the accused successfully rebutted the s 18(2) presumption by proving on the balance of probabilities that he believed the packets contained non-capital 'chocolate' disco drugs; accordingly the court convicted on a reduced charge of attempted importation of a Class C drug under s 7 read with s 12 MDA via s 141(2) CPC and sentenced him to 15 years' imprisonment and ten strokes of the cane, backdated to arrest.

Citation
[2017] SGHC 145
Parties
Prosecution: Public Prosecutor; Accused: GOBI a/l AVEDIAN
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
28 June 2017
Case Number
HC/CC 13/2017
Procedural Posture
Criminal / Trial and Sentencing (convicted on Reduced Charge)
Outcome
Convicted on reduced charge of attempted importation of a Class C controlled drug; sentenced to 15 years' imprisonment and ten strokes of the cane; imprisonment backdated to 11 December 2014.
Legal Topics
Presumption of Knowledge, Section 18(2) MDA, Rebuttal of Presumption, Charge Amendment Under S 141(2) CPC, Sentencing for Drug Importation
Source Language
English
Criminal Law Statutory Offences Drug Law Sentencing Presumption of Knowledge Section 18(2) MDA Rebuttal of Presumption Charge Amendment Under S 141(2) CPC +1 more

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Parties

Public Prosecutor

Prosecution

GOBI a/l AVEDIAN

Accused

Procedural Posture

Criminal / Trial and Sentencing (convicted on Reduced Charge)

Legal Issues

  1. 1 Whether the accused rebutted the presumption of knowledge under s 18(2) of the Misuse of Drugs Act
  2. 2 Whether the court should convict on a reduced charge under s 141(2) of the Criminal Procedure Code
  3. 3 Appropriate sentence for attempted importation of a Class C controlled drug

Ratio Decidendi

On the evidence the accused successfully rebutted the s 18(2) presumption by proving on the balance of probabilities that he believed the packets contained non-capital 'chocolate' disco drugs; accordingly the court convicted on a reduced charge of attempted importation of a Class C drug under s 7 read with s 12 MDA via s 141(2) CPC and sentenced him to 15 years' imprisonment and ten strokes of the cane, backdated to arrest.

Court Disposition

Convicted on reduced charge of attempted importation of a Class C controlled drug; sentenced to 15 years' imprisonment and ten strokes of the cane; imprisonment backdated to 11 December 2014.

Orders

  • Convicted of attempted importation of a Class C controlled drug under s 7 read with s 12 MDA (charge amended under s 141(2) CPC)
  • Sentence: 15 years' imprisonment and ten strokes of the cane; imprisonment to run from 11 December 2014