Danabalan Balakrishnan v Public Prosecutor: Appeal Against Drug Trafficking Sentence
Danabalan Balakrishnan appealed to the High Court of Singapore against the sentence imposed by the District Court for two counts of drug trafficking. The District Court sentenced Danabalan to 12 years’ imprisonment and 8 strokes of the cane for each charge, to run concurrently, resulting in a total sentence of 12 years’ imprisonment and 16 strokes of the cane. Choo Han Teck J dismissed the appeal, finding no manifest injustice and that the sentence was consistent with recent decisions.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against sentence for drug trafficking. The High Court affirmed the original sentence of 12 years' imprisonment and 16 strokes of the cane.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Tan Yanying of Attorney-General’s Chambers Ong Luan Tze of Attorney-General’s Chambers |
| Danabalan Balakrishnan | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Yanying | Attorney-General’s Chambers |
| Ong Luan Tze | Attorney-General’s Chambers |
| Mervyn Cheong | M/s Eugene Thuraisingam |
4. Facts
- The appellant was charged with two counts of drug trafficking.
- DAC 19309/2013 involved 8.81g of diamorphine.
- DAC 19310/2013 involved 9.38g of diamorphine.
- The appellant pleaded guilty to both charges.
- The District Judge sentenced the appellant to 12 years’ imprisonment and 8 strokes of the cane for each charge, to run concurrently.
- The appellant appealed against his sentence.
5. Formal Citations
- Danabalan Balakrishnan v Public Prosecutor, Magistrate's Appeal No 277 of 2013, [2014] SGHC 66
6. Timeline
| Date | Event |
|---|---|
| Conviction by district judge Jasbendar Kaur | |
| Judgment reserved | |
| Appeal dismissed |
7. Legal Issues
- Excessive Sentence
- Outcome: The court held that the sentence was not manifestly excessive.
- Category: Substantive
- Related Cases:
- [2005] 1 SLR(R) 611
8. Remedies Sought
- Reduction of Sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Siew Boon Loong | Unknown | Yes | [2005] 1 SLR(R) 611 | Singapore | Cited for the principle that a sentence is manifestly excessive if it is unjustly severe and requires substantial alterations. |
| Liow Chow and another v PP | Unknown | Yes | [1939] MLJ 170 | Malaysia | Cited regarding the rejection of 'the lore of nicely calculated less or more in matters of sentence'. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Drug Trafficking
- Diamorphine
- Manifestly Excessive
- Sentence
- Appeal
15.2 Keywords
- drug trafficking
- sentence
- appeal
- criminal law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Drug Crimes | 95 |
| Criminal Law | 90 |
| Sentencing | 80 |
| Appeal | 70 |
16. Subjects
- Criminal Law
- Sentencing
- Drug Offences