Obeng Comfort v Public Prosecutor: Misuse of Drugs Act - Importation of Methamphetamine
Obeng Comfort, a Ghanaian national, appealed to the Court of Appeal of Singapore against her conviction under Section 7 of the Misuse of Drugs Act for importing not less than 2309.45g of methamphetamine into Singapore. The High Court had sentenced her to life imprisonment after finding her role limited to that of a courier and the Public Prosecutor issuing a certificate of substantive assistance. The Court of Appeal, comprising Sundaresh Menon CJ, Andrew Phang Boon Leong JA, and Tay Yong Kwang JA, dismissed her appeal, holding that she failed to rebut the presumptions of possession and knowledge under the Misuse of Drugs Act.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Obeng Comfort appeals against her conviction for importing methamphetamine. The court examines presumptions of possession and knowledge under the Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment Upheld | Won | Anandan Bala of Attorney-General’s Chambers Kenny Yang of Attorney-General’s Chambers |
| Obeng Comfort | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Andrew Phang Boon Leong | Judge of Appeal | No |
| Tay Yong Kwang | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anandan Bala | Attorney-General’s Chambers |
| Kenny Yang | Attorney-General’s Chambers |
| Ram Goswami | Ram Goswami |
| Cheng Kim Kuan | Ram Goswami |
4. Facts
- The Appellant was arrested at Changi Airport Terminal 1 on 3 September 2012.
- She was found to be carrying 2951.12g of crystalline substance containing not less than 2309.45g of methamphetamine.
- The methamphetamine was concealed in DVD players, sandals, and tin cans with food labels.
- The Appellant claimed she was acting on the instructions of a person in Ghana named Kwaku Mohamed.
- Kwaku had sponsored the Appellant's previous trips to Singapore.
- The Appellant was to receive US$5,000 from the recipient of the items in Singapore.
- The Appellant received a phone call in Dubai and was told the items contained 'shine shine'.
5. Formal Citations
- Obeng Comfort v Public Prosecutor, Criminal Appeal No 34 of 2015, [2017] SGCA 12
6. Timeline
| Date | Event |
|---|---|
| Appellant arrested at Changi Airport Terminal 1 | |
| Contemporaneous statement recorded from Appellant | |
| Cautioned statement recorded from Appellant | |
| Appellant makes phone call to Bra Kwaku | |
| Investigation statement recorded from Appellant | |
| Investigation statement recorded from Appellant | |
| Investigation statement recorded from Appellant | |
| Investigation statement recorded from Appellant | |
| Investigation statement recorded from Appellant | |
| Investigation statement recorded from Appellant | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Rebuttal of Presumption of Possession
- Outcome: The court held that the Appellant failed to rebut the presumption of possession under s 18(1) of the MDA.
- Category: Substantive
- Related Cases:
- [2008] 1 SLR(R) 1
- Rebuttal of Presumption of Knowledge
- Outcome: The court held that the Appellant failed to rebut the presumption of knowledge under s 18(2) of the MDA.
- Category: Substantive
- Related Cases:
- [2011] 4 SLR 1156
- [2012] 2 SLR 903
- [2016] SGCA 69
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Importation of controlled drugs
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Kiam Peng v Public Prosecutor | High Court | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited for the principle that the presumptions in sections 18(1) and 18(2) of the Misuse of Drugs Act were introduced to overcome the practical difficulty faced by the Prosecution of proving possession and knowledge on the part of the accused. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | Court of Appeal | Yes | [2011] 4 SLR 1156 | Singapore | Cited to clarify that the nature of the drug refers to the specific controlled drug found in his possession (for instance, methamphetamine or diamorphine). |
| Dinesh Pillai a/l K Raja Retnam v Public Prosecutor | Court of Appeal | Yes | [2012] 2 SLR 903 | Singapore | Cited to explain that to rebut the presumption in s 18(2), the accused can do so by showing that “he did not know or could not reasonably be expected to have known the nature of the controlled drug”. |
| Masoud Rahimi bin Mehrzad v Public Prosecutor and another appeal | Court of Appeal | Yes | [2016] SGCA 69 | Singapore | Cited to clarify that the court assesses the accused’s evidence as to his subjective knowledge by comparing it with what an ordinary, reasonable person would have known or done if placed in the same situation that the accused was in. |
| Public Prosecutor v Mohsen bin Na’im | High Court | Yes | [2016] SGHC 150 | Singapore | The Court of Appeal disagreed with the observations of the High Court in Public Prosecutor v Mohsen bin Na’im [2016] SGHC 150 at [115(a)(i)] in so far as the court suggested that knowledge that the item was a controlled drug is necessary to satisfy the requirement of possession. |
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 Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B of the Misuse of Drugs Act | Singapore |
| s 18 of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 22 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Misuse of Drugs Act
- Presumption of possession
- Presumption of knowledge
- Courier
- Shine shine
15.2 Keywords
- Drug Importation
- Methamphetamine
- Singapore Law
- Criminal Appeal
- Misuse of Drugs Act
- Presumption of Possession
- Presumption of Knowledge
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Statutory Interpretation | 60 |
| Criminal Procedure | 50 |
| Evidence Law | 40 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Evidence Law