Public Prosecutor v Siva: Drug Trafficking - Knowledge of Diamorphine Possession
In Public Prosecutor v Siva a/l Sannasi, the High Court of Singapore convicted Siva a/l Sannasi of drug trafficking under the Misuse of Drugs Act. Siva was found to be in possession of not less than 43.32 grams of diamorphine. The court, presided over by Tay Yong Kwang J, rejected Siva's defense that he was unaware of the nature of the drugs and that he acted under duress. The court sentenced Siva to life imprisonment and 15 strokes of the cane. The judgment was delivered on 2015-03-17.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Conviction and sentence of life imprisonment and 15 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Siva was convicted of drug trafficking. The court found he knew he possessed diamorphine, rejecting his defense of lack of knowledge and duress.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Charlene Tay Chia of Attorney-General’s Chambers Ruth Teng of Attorney-General’s Chambers Elton Tan of Attorney-General’s Chambers |
| Siva a/l Sannasi | Defendant | Individual | Life Imprisonment and Caning | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Charlene Tay Chia | Attorney-General’s Chambers |
| Ruth Teng | Attorney-General’s Chambers |
| Elton Tan | Attorney-General’s Chambers |
| Ranadhir Gupta | M/S Kana & Co |
| Kanagavijayan Nadarajah | M/S Kana & Co |
4. Facts
- The accused was arrested for drug trafficking on 22 April 2013.
- The accused was found to be in possession of 43.32 grams of diamorphine.
- The accused admitted to delivering drugs on behalf of Jagen.
- The accused claimed he did not know the nature of the drugs.
- The Public Prosecutor certified that the accused had substantively assisted the CNB.
- The accused was a mere courier in the offence.
5. Formal Citations
- Public Prosecutor v Siva a/l Sannasi, , [2015] SGHC 73
6. Timeline
| Date | Event |
|---|---|
| Accused trafficked drugs along Sungei Kadut Avenue. | |
| Accused was arrested by Central Narcotics Bureau officers. | |
| Accused filed a notice of appeal against his sentence. | |
| Judgment was delivered. |
7. Legal Issues
- Knowledge of Drug Possession
- Outcome: The court found that the accused failed to rebut the presumption of knowledge.
- Category: Substantive
- Sub-Issues:
- Presumption of knowledge
- Rebuttal of presumption
- Duress
- Outcome: The court found that the defense of duress did not apply.
- Category: Substantive
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Dinesh Pillai a/l K Raja Retnam v Public Prosecutor | High Court | Yes | [2012] 2 SLR 903 | Singapore | Cited for the principle that a person in possession of a controlled drug is presumed to know the nature of that drug. |
| Khor Soon Lee | Court of Appeal | No | [2011] 3 SLR 201 | Singapore | Cited regarding the defense of lack of knowledge in drug offences, but distinguished on its facts. |
| Public Prosecutor v Nagaenthran a/l K Dharmalingam | High Court | No | [2011] 2 SLR 830 | Singapore | Cited for the requirements to establish duress under s 94 of the Penal Code. |
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 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 18(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 18(1)(a) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 21 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 22 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 325(1)(b) of the Criminal Procedure Code | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 94 of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Misuse of Drugs Act
- Presumption of Knowledge
- Duress
- Courier
- Bola
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 80 |
| Criminal Procedure | 70 |
| Sentencing | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Offences