PUBLIC PROSECUTOR v Saravanan Chandaram

PUBLIC PROSECUTOR v Saravanan Chandaram

The presumption of knowledge under s18(2) MDA was not rebutted on the balance of probabilities and, on the evidence, the accused had actual knowledge or was wilfully blind to the nature of the consignments; accordingly he was convicted of two counts of importation under s7 MDA and as a courier eligible under s33B(1)(a) was sentenced to life imprisonment with 24 strokes of the cane (concurrent), effective from remand on 8 November 2014.

Citation
[2017] SGHC 262
Parties
Prosecution: Public Prosecutor; Accused: Saravanan Chandaram
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
23 October 2017
Case Number
HC/CC 36/2017
Procedural Posture
Criminal (importation of Controlled Drugs Under the Misuse of Drugs Act) / Conviction and Sentencing in High Court
Outcome
Accused convicted on two counts of importing Class A controlled drugs under section 7 of the Misuse of Drugs Act; sentenced as courier under s33B(1)(a) to life imprisonment and 24 strokes of the cane concurrent
Legal Topics
Presumptions Under S18 MDA (possession and Knowledge), Wilful Blindness, Courier Provision and Sentencing Under S33 B MDA, Adverse Inference From Silence S261 CPC, Admissibility and Weight of Contemporaneous and Cautioned Statements
Source Language
English
Criminal Law Statutory Offences Drugs Law Evidence Law Presumptions Under S18 MDA (possession and Knowledge) Wilful Blindness Courier Provision and Sentencing Under S33 B MDA Adverse Inference From Silence S261 CPC +1 more

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Parties

Public Prosecutor

Prosecution

Saravanan Chandaram

Accused

Procedural Posture

Criminal (importation of Controlled Drugs Under the Misuse of Drugs Act) / Conviction and Sentencing in High Court

Legal Issues

  1. 1 Whether the presumption of knowledge under s18(2) MDA was rebutted
  2. 2 Whether the accused had actual knowledge or was wilfully blind to the nature of the consignments
  3. 3 Whether accused was a courier and eligible for s33B sentencing relief

Ratio Decidendi

The presumption of knowledge under s18(2) MDA was not rebutted on the balance of probabilities and, on the evidence, the accused had actual knowledge or was wilfully blind to the nature of the consignments; accordingly he was convicted of two counts of importation under s7 MDA and as a courier eligible under s33B(1)(a) was sentenced to life imprisonment with 24 strokes of the cane (concurrent), effective from remand on 8 November 2014.

Court Disposition

Accused convicted on two counts of importing Class A controlled drugs under section 7 of the Misuse of Drugs Act; sentenced as courier under s33B(1)(a) to life imprisonment and 24 strokes of the cane concurrent

Orders

  • Convicted of two charges under s7 of the Misuse of Drugs Act
  • Global sentence: life imprisonment (concurrent for both charges) to take effect from 8 November 2014