Public Prosecutor v Devendran: Importation of Diamorphine and Wilful Blindness
In Public Prosecutor v Devendran A/L Supramaniam, the High Court of Singapore convicted Devendran of importing 83.36 grammes of diamorphine into Singapore. Devendran was charged under Section 7 and punishable under Section 33 of the Misuse of Drugs Act. The court, presided over by Justice Tan Siong Thye, found that Devendran was wilfully blind to the diamorphine concealed in his motorcycle seat, thereby establishing the necessary mens rea. The court rejected Devendran's defense that he was unaware of the drugs, and found him guilty of the importation charge.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted for the offence of importation of 83.36 grammes of diamorphine into Singapore.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Devendran was convicted of importing diamorphine into Singapore. The court found he was wilfully blind to the drugs concealed in his motorcycle seat.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Ma Hanfeng of Attorney-General’s Chambers Bagchi Anamika of Attorney-General’s Chambers |
| Devendran a/l Supramaniam | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ma Hanfeng | Attorney-General’s Chambers |
| Bagchi Anamika | Attorney-General’s Chambers |
| Pratap Kishan | M/s Kishan LLC |
| Ramachandran Shiever Subramaniam | M/s Grays LLC |
4. Facts
- The accused rode his Malaysian-registered motorcycle into Singapore at Woodlands Checkpoint.
- ICA officers stopped the accused and referred him to CNB officers for checks.
- A backscatter scan revealed anomalies in the motorcycle seat.
- Six bundles wrapped in newspaper were found concealed in the motorcycle seat.
- The bundles contained 83.36 grammes of diamorphine.
- The accused claimed he did not know the diamorphine was in his motorcycle seat.
- The accused alleged that Kumar, Gobi, or Alagendran could have planted the drugs.
5. Formal Citations
- Public Prosecutor v Devendran A/L Supramaniam, Criminal Case No 4 of 2014, [2014] SGHC 140
6. Timeline
| Date | Event |
|---|---|
| Accused imported diamorphine into Singapore at Woodlands Checkpoint. | |
| Accused arrested at Woodlands Checkpoint. | |
| Statement recorded from the accused. | |
| Statement recorded from the accused. | |
| Statement recorded from the accused. | |
| Statement recorded from the accused. | |
| Accused disclosed events surrounding Alagendran to the investigation officer. | |
| Notes of Evidence, Day 3. | |
| Notes of Evidence, Day 4. | |
| Judgment reserved. |
7. Legal Issues
- Importation of Diamorphine
- Outcome: The court convicted the accused of importing diamorphine into Singapore.
- Category: Substantive
- Wilful Blindness
- Outcome: The court found that the accused was wilfully blind to the presence of diamorphine in his motorcycle seat, satisfying the mens rea requirement for the offence.
- Category: Substantive
- Related Cases:
- [2008] 1 SLR(R) 1
- Rebuttal of Statutory Presumptions
- Outcome: The court found that the accused failed to rebut the statutory presumptions of possession and knowledge under the Misuse of Drugs Act.
- Category: Procedural
- Related Cases:
- [2011] 4 SLR 1156
- Admissibility of Confessions
- Outcome: The court found the accused's confessions to be voluntary and admissible as evidence.
- Category: Procedural
8. Remedies Sought
- Conviction
- Punishment under the Misuse of Drugs Act
9. Cause of Actions
- Importation of a Controlled Drug
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | High Court | Yes | [2011] 4 SLR 1156 | Singapore | Cited for the principle that if the accused proves on a balance of probabilities that he had no knowledge that the hidden bundles were diamorphine then he successfully rebuts the presumption of possession of the diamorphine. |
| Govindarajulu Murali and another v Public Prosecutor | Court of Appeal | Yes | [1994] 2 SLR(R) 398 | Singapore | Cited for the principle that failure to mention key events in the version of events described by the accused in his cautioned statement causes the court to disbelieve the accused’s version of events. |
| Tan Kiam Peng v Public Prosecutor | Court of Appeal | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited for the principle of wilful blindness and the requirements for establishing it. |
| Seow Choon Meng v Public Prosecutor | High Court | Yes | [1994] 2 SLR(R) 338 | Singapore | Cited for the principle that robust interrogation is an essential and integral aspect of police investigation. |
| Yeo See How v Public Prosecutor | High Court | Yes | [1996] 2 SLR(R) 277 | Singapore | Cited for the principle that interrogators are not required to remove all discomfort in the course of the interrogation, as some discomfort has to be expected from the investigative process. |
| Public Prosecutor v Rozman bin Jusoh and another | High Court | Yes | [1995] 2 SLR(R) 879 | Singapore | Cited for the principle that an accused person can be convicted on his own confessions if the court is satisfied that they were made voluntarily and that they are true. |
| Syed Abdul Mutalip bin Syed Sidek and another v Public Prosecutor | High Court | Yes | [2002] 1 SLR(R) 1166 | Singapore | Cited for the principle that an accused person can be convicted on his own confessions if the court is satisfied that they were made voluntarily and that they are true. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Chapter 185 | Singapore |
| Misuse of Drugs Act, Chapter 185, section 7 | Singapore |
| Misuse of Drugs Act, Chapter 185, section 33 | Singapore |
| Misuse of Drugs Act, Chapter 185, section 33B | Singapore |
| Misuse of Drugs Act, Chapter 185, section 18(1)(a) | Singapore |
| Misuse of Drugs Act, Chapter 185, section 18(2) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed), section 17 | Singapore |
| Criminal Procedure Code (Cap 68, 2010 Rev Ed), section 23 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Importation
- Wilful Blindness
- Statutory Presumption
- Woodlands Checkpoint
- Motorcycle Seat
- Controlled Drug
- Confession
- Mens Rea
- Actus Reus
15.2 Keywords
- Diamorphine
- Drug Importation
- Wilful Blindness
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 70 |
| Criminal Procedure | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Importation of Drugs
- Wilful Blindness