Public Prosecutor v Hari Krishnan Selvan: Drug Trafficking under the Misuse of Drugs Act
In Public Prosecutor v Hari Krishnan Selvan, the High Court of Singapore sentenced Hari Krishnan Selvan, a Malaysian male, to 26 years’ imprisonment with 15 strokes of the cane for trafficking in not less than 14.99 grams of diamorphine under s 5(1)(a) of the Misuse of Drugs Act read with s 34 of the Penal Code. The court considered the sentencing guidelines established in Suventher Shanmugam v Public Prosecutor and aggravating factors such as the recruitment of accomplices and concealment of the drugs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to 26 years’ imprisonment with 15 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Hari Krishnan Selvan pleaded guilty to drug trafficking and was sentenced to 26 years' imprisonment with 15 strokes of the cane. The court considered sentencing guidelines for diamorphine trafficking.
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 | Zhuo Wenzhao of Attorney-General’s Chambers Ong Luan Tze of Attorney-General’s Chambers |
| Hari Krishnan Selvan | Defendant | Individual | Accused sentenced to imprisonment and caning | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Foo Chee Hock | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Zhuo Wenzhao | Attorney-General’s Chambers |
| Ong Luan Tze | Attorney-General’s Chambers |
| Allagarsamy s/o Palaniyappan | Allagarsamy & Co |
4. Facts
- The accused pleaded guilty to trafficking not less than 14.99 grams of diamorphine.
- The accused was employed as a lorry driver delivering vegetables from Malaysia to Singapore.
- The accused was asked to deliver eight cabbages containing heroin to Singapore.
- The accused recruited and paid Nor and Vikineswaran to assist him in trafficking the diamorphine.
- The diamorphine was hidden in cabbages to avoid detection.
- The accused concealed the cabbages by placing baskets of vegetables on top of them.
- The accused received S$18,500 for the delivery of the drugs.
5. Formal Citations
- Public Prosecutor v Hari Krishnan Selvan, Criminal Case No 39 of 2017, [2017] SGHC 168
6. Timeline
| Date | Event |
|---|---|
| Accused and Nor loaded vegetables onto the Lorry and drove to the accused’s house. | |
| Accused stopped the Lorry along Ang Mo Kio Street 53. | |
| Accused, Nor, and Vikineswaran were arrested at the Woodlands Checkpoint. | |
| Jumaat was arrested at his food stall. | |
| Accused pleaded guilty. | |
| Accused sentenced to 26 years’ imprisonment with 15 strokes of the cane. | |
| Notice of Appeal dated. | |
| Reasons for decision set out. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of drug trafficking.
- Category: Substantive
- Related Cases:
- [2017] SGCA 25
- Sentencing
- Outcome: The court sentenced the accused to 26 years’ imprisonment with 15 strokes of the cane.
- Category: Procedural
- Related Cases:
- [2017] SGCA 25
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Suventher Shanmugam v Public Prosecutor | Court of Appeal | Yes | [2017] SGCA 25 | Singapore | Cited for sentencing guidelines for unauthorised import or trafficking of cannabis and principles for determining the severity of punishment. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 34 | Singapore |
| Misuse of Drugs Act s 33(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 318 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug trafficking
- Misuse of Drugs Act
- Common intention
- Cabbages
- Lorry
- Sentencing guidelines
15.2 Keywords
- Drug trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Drug Crimes | 90 |
| Sentencing | 80 |
| Criminal Procedure | 80 |
| Penal Code | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing