Devendran v PP: Importation of Diamorphine and Rebuttal of Statutory Presumption
The Court of Appeal of Singapore heard the appeal of Devendran a/l Supramaniam against his conviction and sentence for importing diamorphine into Singapore. The High Court had convicted Devendran under Section 7 of the Misuse of Drugs Act after finding he failed to rebut the statutory presumption that he knew the nature of the diamorphine found concealed in his motorcycle. The Court of Appeal, in a judgment delivered by Chao Hick Tin JA, dismissed the appeal, affirming the conviction and sentence.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal affirms Devendran's conviction for importing diamorphine, holding he failed to rebut the presumption he knew of the drugs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Devendran a/l Supramaniam | Appellant | Individual | Appeal Dismissed | Lost | Wendell Wong, Priscylia Wu, Ramachandran Shiever Subramanium |
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Ng Cheng Thiam, Joshua Lim |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wendell Wong | Drew & Napier LLC |
| Priscylia Wu | Drew & Napier LLC |
| Ramachandran Shiever Subramanium | Grays LLC |
| Ng Cheng Thiam | Attorney-General's Chambers |
| Joshua Lim | Attorney-General's Chambers |
4. Facts
- Appellant rode into Singapore on his motorcycle from Johor.
- Customs officers found six packets of diamorphine concealed in the motorcycle seat.
- The substance was established to contain 83.36 grammes of diamorphine.
- Appellant claimed he did not know the drugs were in his motorcycle seat.
- Appellant presented two theories: the 'Alagendran Theory' and the 'Kumar Theory'.
- The Prosecution did not issue a certificate of substantive assistance.
5. Formal Citations
- Devendran a/l Supramaniam v Public Prosecutor, Criminal Appeal No 7 of 2014, [2015] SGCA 25
6. Timeline
| Date | Event |
|---|---|
| Appellant rode into Singapore on his motorcycle | |
| Appellant's motorcycle was searched by customs officers | |
| Six packets of powdery substance were found concealed in the seat of his motorcycle | |
| Appellant was placed under arrest for the importation of drugs | |
| Judge convicted the Appellant | |
| Judge sentenced the Appellant to suffer the punishment of death | |
| Judgment reserved |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court upheld the conviction for importing a controlled drug.
- Category: Substantive
- Rebuttal of Statutory Presumption
- Outcome: The court found that the appellant failed to rebut the statutory presumption that he knew the nature of the diamorphine.
- Category: Substantive
- Wilful Blindness
- Outcome: The court found that the appellant was wilfully blind towards the presence of diamorphine in the motorcycle seat.
- Category: Substantive
- Related Cases:
- [2008] 1 SLR(R) 1
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Importation of a Controlled Drug
10. Practice Areas
- Criminal Appeals
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Devendran A/L Supramaniam | High Court | Yes | [2014] SGHC 140 | Singapore | Cited as the grounds for the Judge’s decision in the lower court, which the Court of Appeal is reviewing. |
| Tan Kiam Peng v Public Prosecutor | Court of Appeal | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited for the principle of wilful blindness. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 7 of the MDA | Singapore |
| s 33 of the MDA | Singapore |
| s 33B of the MDA | Singapore |
| s 18 of the MDA | Singapore |
| s 21 of the MDA | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| s 17 of the Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Importation
- Statutory Presumption
- Wilful Blindness
- Misuse of Drugs Act
- Alagendran Theory
- Kumar Theory
15.2 Keywords
- Diamorphine
- Importation
- Singapore
- Drugs
- Criminal Law
16. Subjects
- Criminal Law
- Drug Trafficking
- Evidence Law
17. Areas of Law
- Criminal Law
- Drug Offences
- Misuse of Drugs Act
- Statutory Presumptions