Public Prosecutor v Adri Anton Kalangie: Importation of Methamphetamine
In Public Prosecutor v Adri Anton Kalangie, the High Court of Singapore sentenced Adri Anton Kalangie, an Indonesian national, to 25 years' imprisonment and 15 strokes of the cane for importing not less than 249.99g of methamphetamine into Singapore, an offence under s 7 of the Misuse of Drugs Act. The court considered the applicability of the sentencing framework in Suventher Shanmugam v Public Prosecutor and weighed aggravating and mitigating factors in determining the appropriate sentence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 25 years’ imprisonment and 15 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Adri Anton Kalangie pleaded guilty to importing methamphetamine into Singapore. The court sentenced him to 25 years' imprisonment and 15 strokes of the cane.
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 | April Phang of Attorney-General’s Chambers Shen Wanqin of Attorney-General’s Chambers |
| Adri Anton Kalangie | Defendant | Individual | Sentence of 25 years’ imprisonment and 15 strokes of the cane | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| April Phang | Attorney-General’s Chambers |
| Shen Wanqin | Attorney-General’s Chambers |
| Eugene Thuraisingam | Eugene Thuraisignam LLP |
| Lim Hui Li Debby | Shook Lin & Bok LLP |
| Suang Widjaya | Eugene Thuraisignam LLP |
4. Facts
- The accused, Adri Anton Kalangie, is an Indonesian national.
- The accused pleaded guilty to importing not less than 249.99g of methamphetamine into Singapore.
- The accused was introduced to a Nigerian man named Frank, who offered him a job in a drug syndicate.
- The accused agreed to work for Frank and deliver illicit drugs from China to Indonesia.
- The accused swallowed 29 pellets and inserted ten into his rectum.
- The accused concealed three pellets in the pockets of his Bermuda pants and one pellet in his shoe.
- The accused was arrested at Changi Airport after missing his transit flight to Jakarta.
5. Formal Citations
- Public Prosecutor v Adri Anton Kalangie, Criminal Case No 48 of 2017, [2017] SGHC 217
6. Timeline
| Date | Event |
|---|---|
| Accused introduced to Frank. | |
| Frank offered Accused a job. | |
| Frank informed Accused of 'ice' ready for delivery. | |
| Accused swallowed 29 pellets and inserted ten into his rectum. | |
| Accused departed on flight from Guangzhou to Singapore. | |
| Accused discovered to have missed transit flight. | |
| Accused arrested on suspicion of drug importation. | |
| Accused sent to Changi General Hospital for medical examination. | |
| Search conducted on Accused at CGH. | |
| Accused admitted into CGH. | |
| X-ray revealed 39 pellets within his rectum. | |
| Accused excreted 39 pellets into his diapers. | |
| Pellets seized by CNB officers. | |
| Exhibits sent to the Health Sciences Authority. | |
| Accused's plea of guilt accepted. | |
| Accused convicted. | |
| Accused sentenced. | |
| Grounds of Decision issued. |
7. Legal Issues
- Importation of Drugs
- Outcome: The court found the accused guilty of importing drugs and sentenced him accordingly.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 115
- [2015] 5 SLR 122
- Sentencing
- Outcome: The court determined the appropriate sentence based on the quantity of drugs, aggravating factors, and mitigating factors.
- Category: Procedural
- Related Cases:
- [2017] 2 SLR 115
- [2015] 5 SLR 122
- Retrospective Application of Case Law
- Outcome: The court held that the sentencing framework in Suventher was applicable and did not apply prospectively only.
- Category: Procedural
- Related Cases:
- [2014] 4 SLR 661
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Importation of Drugs
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] 2 SLR 115 | Singapore | Adopted the sentencing approach set out in Vasentha and provided a framework for sentencing drug importation offences based on the quantity of drugs involved. |
| Vasentha d/o Joseph v Public Prosecutor | Unknown | Yes | [2015] 5 SLR 122 | Singapore | Set out the sentencing approach that the sentence for an offence of drug importation should be proportional to the quantity of drugs involved. |
| Public Prosecutor v Hue An Li | High Court | Yes | [2014] 4 SLR 661 | Singapore | Addressed the issue of whether judicial pronouncements apply retroactively or prospectively, and the court's discretion to restrict the retroactive effect of their pronouncements. |
| Pham Duyen Quyen v Public Prosecutor | Court of Appeal | Yes | [2017] SGCA 39 | Singapore | Relevant sentencing precedent for drug importation offences. |
| Public Prosecutor v Nguyen Thi Tanh Hai | Unknown | Yes | [2016] 3 SLR 347 | Singapore | Relevant sentencing precedent for drug importation offences. |
| Public Prosecutor v Hari Krishnan Selvan | High Court | Yes | [2017] SGHC 168 | Singapore | Relevant sentencing precedent for drug importation offences. |
| Chang Kar Meng v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 68 | Singapore | The Court of Appeal expressly stated that its disapproval of the existing precedents for rape and robbery as being too lenient would only apply prospectively, and not to the appellant in that case. |
| Public Prosecutor v Pham Duyen Quyen | Unknown | Yes | [2016] 5 SLR 1289 | Singapore | Sentencing precedent for drug importation offences. |
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(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Drug Importation
- Drug Syndicate
- Transit Hall
- Drug Pellets
- Sentencing Framework
- Aggravating Factors
- Mitigating Factors
- Prospective Overruling
15.2 Keywords
- drug importation
- methamphetamine
- singapore
- criminal law
- sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Misuse of Drugs Act | 95 |
| Drug Importation | 95 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Sentencing Framework | 85 |
16. Subjects
- Criminal Law
- Drug Offences
- Sentencing