Public Prosecutor v Mas Swan bin Adnan and another appeal

Public Prosecutor v Mas Swan bin Adnan and another appeal

The Court of Appeal held that s12 MDA covers factually impossible attempts; where an accused genuinely believes he is importing ecstasy but in fact imports diamorphine, that constitutes an attempt to import ecstasy under s7 read with s12. The trial judge erred in failing to consider an alternative defence that the...

Source-derived case information.

Citation
[2012] SGCA 29
Parties
Appellant (criminal Appeal No 7 of 2011) and Respondent (criminal Appeal No 8 of 2011): Public Prosecutor; Respondent (criminal Appeal No 7 of 2011); Accused: Mas Swan bin Adnan; Appellant (criminal Appeal No 8 of 2011); Accused: Roshamima binti Roslan
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
14 May 2012
Case Number
Criminal Appeals Nos 7 and 8 of 2011
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeals From High Court Convictions and Acquittal
Outcome
Appeals allowed in part; both appeals allowed: Mas Swan convicted on substituted charge of attempted importation of ecstasy and sentenced; Roshamima's conviction for importing diamorphine set aside and substituted with conviction for attempted importation of ecstasy and remitted for sentencing submissions.
Legal Topics
Attempts and Impossibility, Statutory Evidential Presumptions (s18(2) Mda), Wilful Blindness, Alternative Inconsistent Defences, Misuse of Drugs Act Provisions
Source Language
english
Criminal Law Drug Offences Evidence Law Sentencing Law Attempts and Impossibility Statutory Evidential Presumptions (s18(2) Mda) Wilful Blindness Alternative Inconsistent Defences +1 more

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Parties

Public Prosecutor

Appellant (criminal Appeal No 7 of 2011) and Respondent (criminal Appeal No 8 of 2011)

Mas Swan bin Adnan

Respondent (criminal Appeal No 7 of 2011); Accused

Roshamima binti Roslan

Appellant (criminal Appeal No 8 of 2011); Accused

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeals From High Court Convictions and Acquittal

Legal Issues

  1. 1 Whether Mas Swan should be convicted of attempted importation of ecstasy under s7 read with s12 MDA despite actual importation being diamorphine
  2. 2 What sentence is appropriate for Mas Swan for attempted importation
  3. 3 Whether the trial judge erred in finding Roshamima knew of and had knowledge of the nature of the concealed drugs

Ratio Decidendi

The Court of Appeal held that s12 MDA covers factually impossible attempts; where an accused genuinely believes he is importing ecstasy but in fact imports diamorphine, that constitutes an attempt to import ecstasy under s7 read with s12. The trial judge erred in failing to consider an alternative defence that the co-accused might have believed the bundles were ecstasy; accordingly Mas Swan was convicted of attempted importation of ecstasy and sentenced to 15 years' imprisonment and eight strokes of the cane, and Roshamima's conviction for importing diamorphine was set aside and substituted with conviction for attempted importation of ecstasy (with sentencing to follow).

Court Disposition

Appeals allowed in part; both appeals allowed: Mas Swan convicted on substituted charge of attempted importation of ecstasy and sentenced; Roshamima's conviction for importing diamorphine set aside and substituted with conviction for attempted importation of ecstasy and remitted for sentencing submissions.

Orders

  • Convict Mas Swan bin Adnan of the amended charge of attempting to import N, a-dimethyl-3,4-(methylenedioxy)phenethylamine (ecstasy) contrary to s7 read with s12 MDA
  • Sentence Mas Swan to 15 years' imprisonment and eight strokes of the cane