Phua Han Chuan Jeffery v Public Prosecutor: Re-sentencing for Drug Offense Due to Abnormality of Mind

In 2016, the High Court of Singapore heard the criminal motion of Phua Han Chuan Jeffery, who was seeking to be re-sentenced for importing diamorphine in 2011. He applied to be spared the death penalty due to an abnormality of mind, pursuant to s 33B(1)(b) of the Misuse of Drugs Act. The court, presided over by Justice Choo Han Teck, allowed his application and imposed a sentence of imprisonment for life, finding that his mental illness and ketamine addiction had substantially impaired his mental responsibility.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Application allowed and sentence of imprisonment for life imposed.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court considered re-sentencing Phua Han Chuan Jeffery for importing diamorphine, due to abnormality of mind under the Misuse of Drugs Act, ultimately allowing his application.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyApplication not successfulLost
Terence Chua of Attorney-General’s Chambers
Tan Wee Hao of Attorney-General’s Chambers
Phua Han Chuan JefferyApplicantIndividualApplication allowedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Terence ChuaAttorney-General’s Chambers
Tan Wee HaoAttorney-General’s Chambers
Prasad s/o KarunakarnK Prasad & Co
Chia Soo MichaelMSC Law Corporation

4. Facts

  1. The applicant was convicted in 2011 for importing not less than 104.21g of diamorphine.
  2. The applicant was 26 years old at the time of the conviction.
  3. The Misuse of Drugs Act was amended, and the relevant provisions took effect on 1 January 2013.
  4. The applicant was suffering from Persistent Depressive Disorder and Ketamine Dependence.
  5. The applicant had been taking 1-2g of ketamine daily for several months prior to the offence.
  6. The applicant reported using ketamine to self-medicate his chronic low mood and poor esteem.
  7. The applicant had a troubled life from bullying and insecurity from childhood to youth.

5. Formal Citations

    6. Timeline

    DateEvent
    Applicant convicted for importing diamorphine.
    Appeal against conviction dismissed by the Court of Appeal.
    Amendments to the Misuse of Drugs Act took effect.
    Application to the Court of Appeal (CM 74 of 2013) dismissed.
    Application to the Court of Appeal (CM 6 of 2015) dismissed.
    Hearing commenced.
    Judgment reserved.

    7. Legal Issues

    1. Abnormality of Mind
      • Outcome: The court found that the applicant's abnormality of mind, arising from mental illness and ketamine addiction, did impair his mental responsibility for the act.
      • Category: Substantive
      • Sub-Issues:
        • Impairment of judgment
        • Impairment of impulse control
        • Impairment of decision-making
      • Related Cases:
        • [1999] 1 SLR(R) 800
        • [1961] AC 496
        • [2011] 1 SLR 606

    8. Remedies Sought

    1. Re-sentencing
    2. To be spared the death penalty

    9. Cause of Actions

    • Importing Controlled Drugs

    10. Practice Areas

    • Criminal Law
    • Sentencing

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    Public Prosecutor v Tengku Jonaris BadlishahHigh CourtYes[1999] 1 SLR(R) 800SingaporeCited as an instance where the court accepted Persistent Depressive Disorder as an abnormality of mind arising from an inherent cause.
    Elvan Rose v The QueenPrivy CouncilYes[1961] AC 496United KingdomCited for the principle that a person may know what he is doing and intend to do it, yet suffer from such abnormality of mind as substantially impairs his mental responsibility.
    Ong Pang Siew v Public ProsecutorCourt of AppealYes[2011] 1 SLR 606SingaporeCited with approval of the principle from Elvan Rose v The Queen regarding abnormality of mind and mental responsibility.

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
    s 33B(1)(b) of the MDASingapore
    s 33B(3) of the MDASingapore
    Penal Code (Cap 224, 2008 Rev Ed)Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Diamorphine
    • Misuse of Drugs Act
    • Abnormality of mind
    • Persistent Depressive Disorder
    • Ketamine Dependence
    • Mental responsibility
    • Courier
    • Re-sentencing

    15.2 Keywords

    • Misuse of Drugs Act
    • Abnormality of Mind
    • Re-sentencing
    • Diamorphine
    • Ketamine
    • Singapore
    • Criminal Law

    17. Areas of Law

    Area NameRelevance Score
    Misuse of Drugs Act95
    Criminal Law90
    Abnormality of Mind85
    Sentencing80
    Psychiatry70
    Penal Code60

    16. Subjects

    • Criminal Law
    • Sentencing
    • Drug Offences
    • Mental Health Law