Public Prosecutor v. Morgan Kupusamy: Drug Trafficking under Misuse of Drugs Act
In Public Prosecutor v. Morgan Kupusamy, the High Court of Singapore convicted Morgan Kupusamy on 12 January 2017 of drug trafficking under the Misuse of Drugs Act. Kupusamy transported diamorphine from Malaysia to Singapore and delivered it to Johari Bin Katio. The court, finding that Kupusamy acted as a courier and provided substantive assistance to the Central Narcotics Bureau, sentenced him to life imprisonment and 15 strokes of the cane.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to life 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
Morgan Kupusamy was convicted of drug trafficking under the Misuse of Drugs Act. The court sentenced him to life imprisonment and 15 strokes of the cane, finding he acted as a courier and provided substantive assistance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Terence Chua of Attorney-General’s Chambers Michelle Koh of Attorney-General’s Chambers |
| Morgan Kupusamy | Defendant | Individual | Life imprisonment and 15 strokes of the cane | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Terence Chua | Attorney-General’s Chambers |
| Michelle Koh | Attorney-General’s Chambers |
| Tham Lijing | Ascendant Legal LLC |
| Amolat Singh | Amolat & Partners |
4. Facts
- The accused transported three packets of diamorphine from Malaysia to Singapore.
- The accused handed the packets to the co-accused, Johari Bin Katio.
- The packets contained not less than 27.86 grams of diamorphine.
- The accused was paid RM500 for each drug delivery.
- The Public Prosecutor issued a certificate of substantive assistance under s 33B(2)(b) of the MDA.
- The accused admitted to knowing the packets contained diamorphine.
- The accused met one 'Siva' in Johor Bahru, Malaysia, who instructed him to deliver drugs to Singapore.
5. Formal Citations
- Public Prosecutor v Morgan Kupusamy, Criminal Case No 64 of 2016, [2017] SGHC 31
6. Timeline
| Date | Event |
|---|---|
| Accused transported drugs from Malaysia into Singapore. | |
| Accused gave drugs to Johari Bin Katio. | |
| Co-accused arrested by CNB officers. | |
| Accused arrested at No 24 Jalan Tukang. | |
| Institute of Mental Health psychiatric report issued. | |
| Accused convicted of drug trafficking. | |
| Agreed statement of facts tendered. | |
| Judgment issued. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of drug trafficking under s 5(1)(a) of the Misuse of Drugs Act.
- Category: Substantive
- Applicability of Section 33B of the Misuse of Drugs Act
- Outcome: The court found that the accused met the requirements of s 33B(2) of the MDA, as his involvement was restricted to transporting the drugs and the Public Prosecutor issued a certificate of substantive assistance.
- Category: Substantive
- Related Cases:
- [2015] 1 SLR 834
- [2013] 3 SLR 734
8. Remedies Sought
- Sentencing under the Misuse of Drugs Act
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Chum Tat Suan | Court of Appeal | Yes | [2015] 1 SLR 834 | Singapore | Cited for the legislative purpose of Section 33B of the Misuse of Drugs Act, which is to provide a less harsh sentence for drug couriers who assist the CNB. |
| Public Prosecutor v Abdul Haleem bin Abdul Karim and another | High Court | Yes | [2013] 3 SLR 734 | Singapore | Cited for the definition of a courier as one whose involvement is limited to delivering or conveying drugs between two points. |
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 |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33 | Singapore |
| Misuse of Drugs Act s 33B(1)(a) | Singapore |
| Misuse of Drugs Act s 33B(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 267(1) | Singapore |
| Prisons Act (Cap 247, 2000 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Courier
- Certificate of Substantive Assistance
- Misuse of Drugs Act
- Section 33B
- Central Narcotics Bureau
15.2 Keywords
- Drug Trafficking
- Misuse of Drugs Act
- Diamorphine
- Courier
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 75 |
| Sentencing | 60 |
| Criminal Revision | 40 |
| Penal Code | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing