Public Prosecutor v Alagesan Nathan: Drug Trafficking - Mandatory Minimum Sentence

Alagesan Nathan and Chidananda Vijakumaran pleaded guilty in the High Court of Singapore on March 20, 2017, to importing cannabis into Singapore. Audrey Lim JC sentenced both accused to the mandatory minimum sentence of 20 years’ imprisonment and 15 strokes of the cane. The court also ordered the forfeiture of the motorcycle used in the commission of the offence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Mandatory minimum sentence of 20 years’ imprisonment and 15 strokes of the cane imposed on both accused persons.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Alagesan Nathan and Chidananda Vijakumaran were sentenced to the mandatory minimum of 20 years' imprisonment and 15 strokes of the cane for importing cannabis.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Wong Woon Kwong of Attorney-General’s Chambers
Star Chen of Attorney-General’s Chambers
Alagesan NathanDefendantIndividualMandatory minimum sentence imposedLost
Chidananda VijakumaranDefendantIndividualMandatory minimum sentence imposedLost

3. Judges

Judge NameTitleDelivered Judgment
Audrey LimJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Wong Woon KwongAttorney-General’s Chambers
Star ChenAttorney-General’s Chambers
Ramesh TiwaryRamesh Tiwary
Gill Amarick SinghAmarick Gill LLC

4. Facts

  1. Alagesan and Chidananda, both Malaysian, were arrested at Woodlands Checkpoint for importing cannabis.
  2. ICA officers found blocks of cannabis hidden on their persons during a routine check.
  3. Alagesan had 362.2 grams of cannabis, and Chidananda had 344.1 grams.
  4. They were transporting the drugs for an individual known as Sega in exchange for RM$100 each.
  5. Sega instructed them to deliver the cannabis to a recipient at Kranji MRT Station.
  6. The motorcycle used to transport the drugs was ordered to be forfeited.

5. Formal Citations

  1. Public Prosecutor v Alagesan Nathan and another, Criminal Case No 20 of 2017, [2017] SGHC 67

6. Timeline

DateEvent
Accused persons imported cannabis into Singapore via Woodlands Checkpoint.
Accused persons were first charged in court and remanded.
Hearing took place.
Judgment issued.

7. Legal Issues

  1. Importation of Controlled Drugs
    • Outcome: The court found both accused persons guilty of importing cannabis.
    • Category: Substantive
  2. Sentencing for Drug Trafficking
    • Outcome: The court imposed the mandatory minimum sentence of 20 years’ imprisonment and 15 strokes of the cane.
    • Category: Procedural

8. Remedies Sought

  1. Imprisonment
  2. Caning
  3. Forfeiture of motorcycle

9. Cause of Actions

  • Importing a controlled drug under s 7 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)

10. Practice Areas

  • Criminal Law
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
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 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 28(2) of the MDASingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Cannabis
  • Importation
  • Woodlands Checkpoint
  • Mandatory Minimum Sentence
  • Misuse of Drugs Act
  • Controlled Drug

15.2 Keywords

  • Drug Trafficking
  • Cannabis
  • Singapore
  • Criminal Law
  • Importation
  • MDA
  • Mandatory Minimum Sentence

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Misuse of Drugs Act95
Drug Crimes90
Sentencing80
Import and Export Law60

16. Subjects

  • Criminal Law
  • Drug Trafficking