Biplob Hossain Younus Akan v Public Prosecutor: Customs Act & Mens Rea
The High Court of Singapore, on 17 February 2011, heard appeals by Biplob Hossain Younus Akan, Md Bodiuzzaman Palash Md Saydul Huge, Mohammad Azizur Rahaman Kalu Matubbor, and Goutam Halder Late Janardhan Halder, all Bangladeshi nationals, against their sentences for offences under the Customs Act and the Goods and Services Tax Act. The court, presided over by V K Rajah JA, set aside their convictions and sentences due to a deficient statement of facts that failed to establish the requisite mens rea for the Customs Act charge. The matter was remitted to the district court for fresh pleas.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Convictions and sentences set aside; matter remitted to the district court for fresh pleas to be taken.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Bangladeshi nationals' conviction under the Customs Act was overturned due to a deficient statement of facts failing to establish mens rea. The case highlights the importance of proving intent.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Biplob Hossain Younus Akan | Appellant | Individual | Appeal Allowed | Won | |
| Md Bodiuzzaman Palash Md Saydul Huge | Appellant | Individual | Appeal Allowed | Won | |
| Mohammad Azizur Rahaman Kalu Matubbor | Appellant | Individual | Appeal Allowed | Won | |
| Goutam Halder Late Janardhan Halder | Appellant | Individual | Appeal Allowed | Won | |
| Public Prosecutor | Respondent | Government Agency | Appeal Allowed | Lost | Kan Shuk Weng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| V K Rajah | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kan Shuk Weng | Attorney-General's Chambers |
4. Facts
- The appellants, Bangladeshi nationals, were arrested for dealing with uncustomed cigarettes.
- The appellants pleaded guilty to charges under the Customs Act and the Goods and Services Tax Act.
- The statement of facts did not establish that the appellants knew the cigarettes were uncustomed at the time of the offense.
- The appellants were hired to retrieve and pack cigarettes for $30-$40.
- The district judge sentenced each appellant to 24 months’ imprisonment.
- The High Court found the statement of facts deficient in proving mens rea.
5. Formal Citations
- Biplob Hossain Younus Akan and others v Public Prosecutor and another matter, Magistrate's Appeal Nos 333, 334, 335 and 336 of 2010; Criminal Motion No 49 of 2010, [2011] SGHC 34
- Public Prosecutor v Biplob Hossain Younus Akan and ors, , [2010] SGDC 396
6. Timeline
| Date | Event |
|---|---|
| Appellants arrested at No. 8 Defu Lane 1, Singapore. | |
| Appellants given a discharge amounting to an acquittal in the district court. | |
| High Court sets aside convictions and sentences; remits matter to district court. |
7. Legal Issues
- Mens Rea
- Outcome: The court found that the statement of facts was deficient in establishing the requisite mens rea at the material time.
- Category: Substantive
- Sub-Issues:
- Contemporaneity of mens rea and actus reus
- Sufficiency of Statement of Facts
- Outcome: The court held that the statement of facts was deficient at law and should not have been accepted by the district judge.
- Category: Procedural
- Related Cases:
- [1994] 3 SLR(R) 134
8. Remedies Sought
- Appeal against sentence
- Setting aside of conviction
9. Cause of Actions
- Violation of s 128I(b) of the Customs Act (Cap 70, 2004 Rev Ed) read with s 34 of the Penal Code (Cap 224, 2008 Rev Ed)
- Violation of ss 26 and 77 of the Goods and Services Tax Act (Cap 117A, 2005 Rev Ed)
10. Practice Areas
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yunani bin Abdul Hamid v Public Prosecutor | N/A | Yes | [2008] 3 SLR(R) 383 | Singapore | Cited for the principle that a reviewing court can exercise revisionary powers if serious doubts arise as to the guilt of an accused person who pleaded guilty. |
| Chota bin Abdul Razak v Public Prosecutor | N/A | Yes | [1991] 1 SLR(R) 501 | Singapore | Cited regarding the practice of reading a statement of facts to the accused before accepting a guilty plea. |
| Mok Swee Kok v Public Prosecutor | Court of Appeal | Yes | [1994] 3 SLR(R) 134 | Singapore | Cited for the legal duty of the court to record and scrutinize a statement of facts to ensure all elements of the charge are made out. |
| Moey Keng Kong v Public Prosecutor | N/A | Yes | [2001] 2 SLR(R) 867 | Singapore | Cited as a case relied upon by the district judge regarding sentencing, but distinguished as concerning an accused person acting alone. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Customs Act (Cap 70, 2004 Rev Ed) s 128I(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 34 | Singapore |
| Goods and Services Tax Act (Cap 117A, 2005 Rev Ed) ss 26 and 77 | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 180(b) | Singapore |
| Customs Act s 128L(6) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Uncustomed goods
- Mens rea
- Statement of facts
- Customs Act
- Criminal Procedure Code
- Contemporaneity
- Evidential presumption
15.2 Keywords
- Customs Act
- Mens Rea
- Statement of Facts
- Uncustomed Goods
- Criminal Law
- Singapore
16. Subjects
- Criminal Law
- Customs Offences
- Criminal Procedure
17. Areas of Law
- Criminal Law
- Customs Law
- Sentencing
- Criminal Procedure