Muraligeran v PP: Drug Trafficking Conviction Appeal - Misuse of Drugs Act

Muraligeran A/L S Krishnan appealed to the High Court of Singapore against his conviction and sentence for drug trafficking, after being found guilty in the District Court. He was convicted of trafficking not less than 4.73g of diamorphine. Muraligeran claimed he was merely acting on instructions from a friend to collect and pass on a package. The High Court, presided over by Choo Han Teck J, dismissed the appeal, upholding the original conviction and sentence of six years’ imprisonment and six strokes of the cane.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal against conviction and sentence is dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Muraligeran appeals drug trafficking conviction, claiming lack of knowledge. The High Court dismisses the appeal, upholding the original sentence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWon
Tan Yanying of Attorney-General’s Chambers
Ong Luan Tze of Attorney-General’s Chambers
Muraligeran A/L S KrishnanAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Tan YanyingAttorney-General’s Chambers
Ong Luan TzeAttorney-General’s Chambers
Josephine ChooWongPartnership LLP
Wilbur LimWongPartnership LLP

4. Facts

  1. The appellant was arrested for drug trafficking.
  2. The appellant claimed he was asked by 'UK' to collect a package of 'sex pills'.
  3. The appellant passed the package to Abdul Aziz before their arrest.
  4. The package contained 4.73g of diamorphine.
  5. The appellant was unrepresented during the trial.
  6. The appellant mentioned 'sex pills' three weeks after his arrest.

5. Formal Citations

  1. Muraligeran A/L S Krishnan v Public Prosecutor, Magistrate's Appeal No 289 of 2012, [2014] SGHC 61

6. Timeline

DateEvent
Appellant first remanded
Trial began
Trial continued
Trial continued
Appellant filed notice of appeal against sentence
Appellant filed petition
Hearing of the appeal against sentence
Judgment reserved

7. Legal Issues

  1. Drug Trafficking
    • Outcome: The court upheld the conviction, finding that the appellant had not proven he lacked knowledge of the drug's nature.
    • Category: Substantive
    • Sub-Issues:
      • Knowledge of drug nature
      • Chain of possession
  2. Admissibility of Evidence
    • Outcome: The court found that the trial judge had duly considered the circumstances in which the statement was recorded and the credibility of the witness.
    • Category: Procedural
    • Sub-Issues:
      • Translation accuracy
      • Credibility of witnesses
  3. Fairness of Trial
    • Outcome: The court found no manifest prejudice to the appellant due to being unrepresented during the trial.
    • Category: Procedural
    • Sub-Issues:
      • Right to counsel
      • Refusal of adjournment
  4. Excessive Sentence
    • Outcome: The court found that the sentence was within the range of recent decisions and not manifestly excessive.
    • Category: Substantive

8. Remedies Sought

  1. Appeal against conviction
  2. Appeal against sentence

9. Cause of Actions

  • Drug Trafficking

10. Practice Areas

  • Criminal Appeals
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Chor Jin v PPHigh CourtYes[2008] 4 SLR(R) 306SingaporeCited regarding prejudice and unfairness caused when an accused has to conduct proceedings without counsel.
PP v Norhisham bin Mohamad DahlanDistrict CourtYes[2010] SGDC 310SingaporeCited as a reference for sentencing in similar drug trafficking cases.
PP v Sabari bin JakiDistrict CourtYes[2012] SGDC 166SingaporeCited as a reference for sentencing in similar drug trafficking cases.
PP v Zakariah bin MohamedDistrict CourtYes[2012] SGDC 342SingaporeCited as a reference for sentencing in similar drug trafficking cases.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Drug trafficking
  • Misuse of Drugs Act
  • Chain of possession
  • Knowledge of drug nature
  • Sex pills

15.2 Keywords

  • Drug trafficking
  • Singapore
  • Criminal appeal
  • Misuse of Drugs Act
  • Diamorphine

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Drug Trafficking95
Criminal Law90
Appeal80
Criminal Procedure70
Evidence Law60
Criminal Revision60

16. Subjects

  • Criminal Law
  • Drug Offences
  • Criminal Procedure