Public Prosecutor v Shaik Alaudeen: Criminal Revision for Amendment of Drug Consumption Charge
In Public Prosecutor v Shaik Alaudeen, the High Court of Singapore heard a petition by the Public Prosecutor to amend a charge against Shaik Alaudeen for consuming a controlled drug under the Misuse of Drugs Act. The Public Prosecutor sought to amend the original charge to one of consuming a specified drug, which would have implications for sentencing in subsequent proceedings. Choo Han Teck J dismissed the petition, finding that the amendment would prejudice the respondent and that the Public Prosecutor had not demonstrated a sufficient basis for the revision.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Petition dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Public Prosecutor sought to amend a drug consumption charge against Shaik Alaudeen. The court dismissed the petition, citing potential prejudice to the respondent.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Applicant | Government Agency | Petition dismissed | Lost | Marcus Foo of Attorney-General’s Chambers Adrian Loo of Attorney-General’s Chambers |
| Shaik Alaudeen s/o Hasan Bashar | Respondent | Individual | Petition dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Marcus Foo | Attorney-General’s Chambers |
| Adrian Loo | Attorney-General’s Chambers |
| S K Kumar | S K Kumar Law Practice LLP |
4. Facts
- The respondent was convicted in 2002 for consuming morphine under s 8(b) of the Misuse of Drugs Act.
- The Public Prosecutor sought to amend the original charge to reflect that morphine is a 'specified drug'.
- The respondent was facing six new charges under s 33A(1) of the Misuse of Drugs Act.
- A conviction under the amended charge would expose the respondent to a more severe minimum sentence.
- The original charge was erroneously preferred against the respondent as there is no such offence in law.
- The petition for revision was brought ten years after the respondent pleaded guilty to the Original Charge.
5. Formal Citations
- Public Prosecutor v Shaik Alaudeen s/o Hasan Bashar, Criminal Revision No 23 of 2012, [2013] SGHC 44
6. Timeline
| Date | Event |
|---|---|
| Shaik Alaudeen consumed morphine | |
| Shaik Alaudeen pleaded guilty to Original Charge | |
| Criminal Revision No 23 of 2012 filed | |
| Judgment reserved | |
| Petition dismissed |
7. Legal Issues
- Amendment of Charge
- Outcome: The court held that amending the charge would prejudice the respondent and dismissed the petition.
- Category: Procedural
- Sub-Issues:
- Prejudice to the accused
- Jurisdiction of the court
- Misuse of Drugs Act - Consumption of Specified Drug
- Outcome: The court considered the implications of the original charge and the potential impact of amending it on subsequent charges under the Misuse of Drugs Act.
- Category: Substantive
8. Remedies Sought
- Amendment of charge
- Conviction for the amended charge
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
- Appeals and Criminal Revisions
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Garmaz s/o Pakhar v PP | Court of Appeal | Yes | [1996] 1 SLR(R) 95 | Singapore | Cited regarding the court's power to amend a charge under s 256(b) of the CPC and the assessment of prejudice to the accused. |
| Ang Poh Chuan v Public Prosecutor | High Court | Yes | [1995] 3 SLR(R) 929 | Singapore | Cited for the principle that the High Court's revisionary power is a broad discretionary one exercised when there is serious injustice. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| The Misuse of Drugs Act, Chapter 185 | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| Misuse of Drugs Act (Cap 185, 2001 Rev Ed) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal revision
- Amendment of charge
- Misuse of Drugs Act
- Specified drug
- Controlled drug
- Prejudice
- Revisionary powers
- Enhanced punishment
15.2 Keywords
- Criminal revision
- Amendment of charge
- Misuse of Drugs Act
- Specified drug
- Controlled drug
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 90 |
| Criminal Revision | 75 |
| Criminal Procedure | 65 |
| Sentencing | 60 |
16. Subjects
- Criminal Law
- Drug Offences
- Criminal Procedure