Public Prosecutor v Sivanantha a/l Danabala

Public Prosecutor v Sivanantha a/l Danabala

Appellate court allowed prosecution's appeal, held that respondent failed to rebut presumption under s18(2) MDA because contemporaneous statement P3 and subsequent statement P6 that he 'knew it was drugs' were credible and inconsistent with his trial narrative of believing the packet was 'food flavour'; conviction...

Source-derived case information.

Citation
[2015] SGHC 154
Parties
Appellant: Public Prosecutor; Respondent: Sivanantha a/l Danabala
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
5 June 2015
Case Number
Magistrate's Appeal No 200 of 2014
Procedural Posture
Criminal Appeal / Appeal Against Acquittal to High Court
Outcome
Appeal allowed; acquittal set aside; respondent convicted of importing a controlled drug under s7 MDA
Legal Topics
Importation Under S7 MDA, Presumption of Knowledge Under S18(2) MDA, Admissibility and Weight of Confessional Statements, Wilful Blindness, Backdating Sentence and Remand Credit
Source Language
english
Criminal Law Drug Trafficking Evidence Sentencing Importation Under S7 MDA Presumption of Knowledge Under S18(2) MDA Admissibility and Weight of Confessional Statements Wilful Blindness +1 more

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Parties

Public Prosecutor

Appellant

Sivanantha a/l Danabala

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Acquittal to High Court

Legal Issues

  1. 1 Whether respondent knew nature of packet (diamorphine) when importing contrary to s7 MDA and whether he rebutted presumption under s18(2) MDA
  2. 2 Whether statements P3 and P6 were admissible and/or reliable and what weight to accord them
  3. 3 Whether appellate court should disturb trial judge's findings of fact

Ratio Decidendi

Appellate court allowed prosecution's appeal, held that respondent failed to rebut presumption under s18(2) MDA because contemporaneous statement P3 and subsequent statement P6 that he 'knew it was drugs' were credible and inconsistent with his trial narrative of believing the packet was 'food flavour'; conviction for importing diamorphine under s7 MDA entered; sentence fixed at five years six months' imprisonment plus five strokes of the cane, backdated to 2 February 2013 to give effect to remand credit but excluding period he was free on bail.

Court Disposition

Appeal allowed; acquittal set aside; respondent convicted of importing a controlled drug under s7 MDA

Orders

  • Convicted of importing diamorphine contrary to s7 Misuse of Drugs Act
  • Sentenced to five years six months' imprisonment and five strokes of the cane