PP v Gobi a/l Avedian: Misuse of Drugs Act & Presumption of Knowledge in Diamorphine Importation
In Public Prosecutor v Gobi a/l Avedian, the High Court of Singapore heard the case against Gobi a/l Avedian, who was charged with importing diamorphine under the Misuse of Drugs Act. The primary legal issue was whether the accused had rebutted the presumption of knowledge under s 18(2) of the MDA, claiming he believed the drugs were a mild controlled substance mixed with chocolate. The court, presided over by Lee Seiu Kin J, found that the accused had successfully rebutted the presumption and convicted him on a reduced charge of attempted trafficking of a Class C controlled drug. The judgment was delivered on 28 June 2017.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Conviction on reduced charge of attempted trafficking of a Class C controlled drug
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Gobi a/l Avedian was charged with importing diamorphine. The court found he rebutted the presumption of knowledge, believing it was a Class C drug, and convicted him on a reduced charge.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial Loss | Partial | Muhamad Imaduddien of Attorney-General’s Chambers Clement Yong of Attorney-General’s Chambers |
| Gobi a/l Avedian | Accused | Individual | Partial Win | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Muhamad Imaduddien | Attorney-General’s Chambers |
| Clement Yong | Attorney-General’s Chambers |
| Shashi Nathan | KhattarWong LLP |
| Jeremy Pereira | KhattarWong LLP |
| Tania Chin | KhattarWong LLP |
4. Facts
- The accused was charged with importing not less than 40.22 grams of diamorphine.
- The accused claimed he thought the drugs were a mild controlled drug mixed with chocolate.
- The accused was paid RM500 for each packet he brought into Singapore.
- The accused had transported similar items into Singapore eight or nine times previously.
- The accused's daughter required an operation, and he needed money for the medical costs.
- The accused consulted with Jega, who frequented discos, about the nature of the drugs.
- The accused physically checked the packets and saw that the contents were brownish in color.
5. Formal Citations
- Public Prosecutor v Gobi a/l Avedian, Criminal Case No 13 of 2017, [2017] SGHC 145
6. Timeline
| Date | Event |
|---|---|
| Accused imported drugs into Singapore at Woodlands Checkpoint | |
| Accused arrested by ICA and CNB officers | |
| Mandatory Death Penalty Notice statement recorded | |
| First contemporaneous statement recorded | |
| Second contemporaneous statement recorded | |
| Accused escorted to CNB Headquarters | |
| Exhibits photographed | |
| Exhibits weighed | |
| Statement recorded from Accused pursuant to section 23 of the Criminal Procedure Code | |
| Statement recorded from Accused pursuant to Section 22 of the Criminal Procedure Code | |
| Further statement recorded from Accused pursuant to Section 22 of the Criminal Procedure Code | |
| Further statement recorded from Accused pursuant to Section 22 of the Criminal Procedure Code | |
| Hearing | |
| Hearing | |
| Hearing | |
| Judgment delivered |
7. Legal Issues
- Rebuttal of Presumption of Knowledge
- Outcome: The court found that the accused successfully rebutted the presumption of knowledge under s 18(2) of the MDA.
- Category: Substantive
- Sub-Issues:
- Accused's belief regarding the nature of the drugs
- Reasonable steps taken by the accused to ascertain the nature of the drugs
8. Remedies Sought
- Acquittal
- Reduced Charge
9. Cause of Actions
- Importing Controlled Drugs
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Obeng Comfort v PP | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for the principle that an accused seeking to rebut the presumption of knowledge under s 18(2) of the MDA should be able to say what he thought or believed he was carrying. |
| PP v Phuthita Somchit and another | High Court | Yes | [2011] 3 SLR 719 | Singapore | Cited as a case where the evidence showed that the accused intended to traffic a Class C drug but not a Class A or B drug. |
| Harven a/l Segar v PP | Court of Appeal | Yes | [2017] 1 SLR 771 | Singapore | Cited for the principle that there is no fixed formula as to how an accused may discharge the burden of rebutting the presumption of knowledge under s 18(2) of the MDA. |
| Khor Soon Lee v PP | Court of Appeal | Yes | [2011] 3 SLR 201 | Singapore | Cited as a case where the accused succeeded in rebutting the s 18(2) presumption on appeal because he had a good relationship with one Tony and acceded to Tony’s requests to transport drugs. |
| Dinesh Pillai a/l K Raja Retnam v PP | Court of Appeal | Yes | [2012] 2 SLR 903 | Singapore | Cited as a case where the accused failed to rebut the presumption on appeal because he suspected that the brown packets contained something illegal but did not check the contents. |
| PP v Khartik Jasudass and another | High Court | Yes | [2015] SGHC 199 | Singapore | Cited as a case where the accused persons failed to rebut the s 18(2) presumption because they knew they were transporting drugs but did not inquire further or check the packets. |
| Suventher Shanmugam v PP | Court of Appeal | Yes | [2017] SGCA 25 | Singapore | Cited for the reasoning that the court should look at the whole range of possible sentences in coming to its decision. |
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 33(1) of the Misuse of Drugs Act, (Cap 185, 2008 Rev Ed) | Singapore |
| s 18(2) of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 141(2) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Section 23 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Section 22 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Section 267(1) of the Criminal Procedure Code (Cap. 68, 2012 Rev. Ed.) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Presumption of Knowledge
- Chocolate Drugs
- Class C Controlled Drug
- MDA
- Rebuttal
- Importation
- Trafficking
15.2 Keywords
- Misuse of Drugs Act
- Diamorphine
- Presumption of Knowledge
- Singapore
- Criminal Law
- Drug Importation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 70 |
| Sentencing | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Importation of Drugs
- Presumption of Knowledge