Public Prosecutor v Sibeko Lindiwe Mary-Jane: Importation of Methamphetamine under the Misuse of Drugs Act
In Public Prosecutor v Sibeko Lindiwe Mary-Jane, the High Court of Singapore heard the case against Sibeko Lindiwe Mary-Jane, who was charged with importing a controlled drug, methamphetamine, under the Misuse of Drugs Act. The court found the accused guilty, determining that she failed to rebut the presumption of possession and knowledge of the drug. The judgment was delivered on 22 September 2016.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty of the charge.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Sibeko Lindiwe Mary-Jane was charged with importing methamphetamine. The High Court found her guilty, failing to rebut the presumption of possession under the Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Kenny Yang of Attorney-General’s Chambers Ma Hanfeng of Attorney-General’s Chambers |
| Sibeko Lindiwe Mary-Jane | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kenny Yang | Attorney-General’s Chambers |
| Ma Hanfeng | Attorney-General’s Chambers |
| N K Rajarh | Straits Law Practice LLC |
| Sankar s/o Kailasa Thevar Saminathan | Sterling Law Corporation |
4. Facts
- The accused arrived in Singapore from Cotonou, Benin, with transits in Addis Ababa and Mumbai.
- CNB officers stopped the accused at Changi Airport and found two bundles containing methamphetamine in her luggage.
- The accused initially claimed the bundles contained food items to be used for medicine for her boyfriend's brother.
- The accused later claimed she was framed by a friend named Bros, who placed the drugs in her luggage without her knowledge.
- The accused stated she was going to Singapore to buy electronic goods for Bros.
- The accused's DNA was found on the black nylon bag and the tape of one of the bundles.
- The accused had US$844 on her and no hotel reservation upon arrival in Singapore.
5. Formal Citations
- Public Prosecutor v Sibeko Lindiwe Mary-Jane, Criminal Case No 24 of 2016, [2016] SGHC 199
6. Timeline
| Date | Event |
|---|---|
| Accused arrived in Singapore | |
| Accused arrested | |
| Accused gave a cautioned statement | |
| Accused gave a long statement | |
| Accused gave a long statement | |
| Accused gave a long statement | |
| Accused gave a long statement | |
| Accused gave a long statement | |
| Trial began | |
| Submissions made | |
| Judgment reserved |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found the accused guilty of importing methamphetamine.
- Category: Substantive
- Rebuttal of Presumption of Possession
- Outcome: The court found that the accused failed to rebut the presumption of possession under s 18(1) of the Misuse of Drugs Act.
- Category: Substantive
- Rebuttal of Presumption of Knowledge
- Outcome: The court found that the accused failed to rebut the presumption of knowledge under s 18(2) of the Misuse of Drugs Act.
- Category: Substantive
- Admissibility of Contemporaneous Statement
- Outcome: The court ruled that the Contemporaneous Statement was admissible.
- Category: Procedural
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Importation of Controlled Drugs
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- Law Enforcement
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 258(3) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 279 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Importation
- Misuse of Drugs Act
- Presumption of Possession
- Presumption of Knowledge
- Contemporaneous Statement
- Framing
- Controlled Drug
15.2 Keywords
- Drug Importation
- Methamphetamine
- Singapore High Court
- Criminal Case
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Importation of controlled drugs | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Evidence
- Criminal Procedure