Roslan Bin Bakar v Public Prosecutor: Misuse of Drugs Act & Abnormality of Mind
Roslan Bin Bakar and Pausi Bin Jefridin applied to the High Court of Singapore on November 13, 2017, for re-sentencing under the Misuse of Drugs Act, arguing they suffered from an abnormality of mind. The court, presided over by Choo Han Teck J, dismissed their applications, finding that despite low IQ scores, both applicants demonstrated competence and comprehension in their drug trafficking activities, failing to meet the criteria for re-sentencing.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Applications for re-sentencing dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Applications to substitute death sentences with life imprisonment under the Misuse of Drugs Act were dismissed, as applicants failed to prove abnormality of mind.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment for Respondent | Won | Christina Koh of Attorney-General’s Chambers Chan Yi Cheng of Attorney-General’s Chambers Samuel Yap of Attorney-General’s Chambers |
| Roslan bin Bakar | Applicant | Individual | Application Dismissed | Lost | |
| Pausi bin Jefridin | Applicant | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christina Koh | Attorney-General’s Chambers |
| Chan Yi Cheng | Attorney-General’s Chambers |
| Samuel Yap | Attorney-General’s Chambers |
| Kertar Singh s/o Guljar Singh | Kertar and Sadhu LLC |
| Chung Ting Fai | Chung Ting Fai & Co |
4. Facts
- Both applicants applied for re-sentencing based on s 33B(3)(b) read with s 33B(3) of the Misuse of Drugs Act.
- Both applicants claimed to be suffering from an abnormality of mind which substantially impaired their mental responsibility.
- Pausi's counsel submitted that Pausi had an arrested or retarded development of mind due to low education and reasoning abilities.
- Roslan's counsel submitted that Roslan suffered from an abnormality of mind with reduced intellectual functioning.
- The prosecution challenged the defense experts' findings, arguing that Roslan was within the borderline range of intellectual functioning.
- The court found that both applicants displayed competence and comprehension of what they were doing when trafficking drugs.
- The court found Pausi was likely acting as a courier, but Roslan was not.
5. Formal Citations
- Roslan bin Bakar v Public Prosecutor and another matter, , [2017] SGHC 291
6. Timeline
| Date | Event |
|---|---|
| Death sentence meted out to applicants | |
| Misuse of Drugs (Amendment) Act 2012 enacted | |
| Criminal Motion Nos 40 and 45 of 2016 filed | |
| Hearing began | |
| Judgment reserved |
7. Legal Issues
- Whether the death sentence should be substituted with life imprisonment under s 27(6) of the Misuse of Drugs (Amendment) Act 2012
- Outcome: The court dismissed the applications, finding that the applicants did not meet the criteria for re-sentencing.
- Category: Substantive
- Whether the applicants were suffering from an abnormality of mind as defined in s 33B(3)(b) read with s 33B(3) of the Misuse of Drugs Act
- Outcome: The court found that despite low IQ scores, both applicants displayed competence and comprehension of their actions, and therefore did not meet the criteria of abnormality of mind under the Act.
- Category: Substantive
8. Remedies Sought
- Substitution of death sentence with life imprisonment
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs (Amendment) Act 2012 (Act 30 of 2012) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Misuse of Drugs Act
- Abnormality of mind
- Re-sentencing
- Courier
- Intellectual functioning
- IQ level
- Drug trafficking
15.2 Keywords
- Misuse of Drugs Act
- Abnormality of Mind
- Criminal Law
- Singapore
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Sentencing | 85 |
| Criminal Procedure | 80 |
| Penal Code | 50 |
16. Subjects
- Criminal Law
- Sentencing
- Drug Offences