Public Prosecutor v V Shanmugam: Drug Trafficking, Common Intention, and Application of Misuse of Drugs Act

In Public Prosecutor v V Shanmugam a/l Veloo and Mohd Suief bin Ismail, the High Court of Singapore, presided over by Choo Han Teck J, convicted both accused of trafficking in diamorphine on 28 October 2011 with common intention. V Shanmugam, the first accused, was sentenced to life imprisonment and 15 strokes of the cane after the Public Prosecutor certified his substantive assistance to the CNB. Mohd Suief, the second accused, was sentenced to death as the Public Prosecutor did not grant him a certificate of substantive assistance and he did not provide psychiatric evidence to prove diminished mental responsibility.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

First accused sentenced to life imprisonment and caning; second accused sentenced to death.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

V Shanmugam and Mohd Suief were convicted of drug trafficking with common intention. Shanmugam received life imprisonment, while Suief was sentenced to death.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyPartialPartial
Terence Chua of Attorney-General’s Chambers
Tan Yanying of Attorney-General’s Chambers
Jasmine Chin-Sabado of Attorney-General’s Chambers
V Shanmugam a/l VelooDefendantIndividualPartialPartial
Mohd Suief bin IsmailDefendantIndividualLostLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Terence ChuaAttorney-General’s Chambers
Tan YanyingAttorney-General’s Chambers
Jasmine Chin-SabadoAttorney-General’s Chambers
Singa RetnamAziz Tayabali & Associates
M NedumaranM Nedumaran & Co
Johan bin IsmailJohan Ismail & Company
Zaminder Singh GillHilborne Law LLC

4. Facts

  1. The two accused were charged with trafficking in diamorphine.
  2. The drugs weighed 4497.7g and contained not less than 28.5g of diamorphine.
  3. The second accused carried a haversack to a bus stop where the first accused picked him up in a car.
  4. The car made several stops, including at a petrol station and a hilltop car park.
  5. The second accused was seen carrying a black plastic bag to his mother’s flat.
  6. The drugs were found in the haversack and in a black plastic bag near the second accused's mother's flat.
  7. The first accused's DNA was found on the tapes used to bundle the drugs.

5. Formal Citations

  1. Public Prosecutor v V Shanmugam a/l Veloo and another, Criminal Case No 6 of 2014, [2015] SGHC 33
  2. Public Prosecutor v V Shanmugam a/l Veloo and another, Criminal Appeal No 2 of 2015, [2016] SGCA 6

6. Timeline

DateEvent
Accused persons charged for trafficking in diamorphine.
CNB officers observed the accused persons' activities.
First accused's life imprisonment sentence takes effect.
Judgment delivered by the High Court.
Appeal dismissed by the Court of Appeal.

7. Legal Issues

  1. Trafficking in Controlled Drugs
    • Outcome: The court found both accused guilty of trafficking in diamorphine.
    • Category: Substantive
  2. Common Intention
    • Outcome: The court found that the accused persons acted with common intention in trafficking the drugs.
    • Category: Substantive
  3. Application of Section 33B of the Misuse of Drugs Act
    • Outcome: The court determined that Section 33B(2)(a)(i) applied to the first accused, allowing for a sentence other than death, and the Public Prosecutor granted a certificate of substantive assistance. Section 33B did not apply to the second accused.
    • Category: Procedural

8. Remedies Sought

  1. Punishment under the Misuse of Drugs Act

9. Cause of Actions

  • Drug Trafficking

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a)Singapore
Penal Code (Cap 224, 2008 Rev Ed) s 34Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33BSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Common Intention
  • Misuse of Drugs Act
  • Section 33B
  • Certificate of Substantive Assistance
  • Courier

15.2 Keywords

  • Drug Trafficking
  • Diamorphine
  • Singapore
  • Criminal Law
  • Misuse of Drugs Act
  • Death Penalty
  • Life Imprisonment

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law95
Drug Trafficking95
Drug Offences90
Offences80
Sentencing70
Criminal Procedure60
Penal Code60
Evidence Law50

16. Subjects

  • Criminal Law
  • Drug Offences