Gopu Jaya Raman v Public Prosecutor: Importation of Diamorphine & Misuse of Drugs Act
Gopu Jaya Raman, a Malaysian national, was convicted in the High Court of importing diamorphine into Singapore under the Misuse of Drugs Act and sentenced to death. The Court of Appeal overturned the conviction, finding that Raman had successfully rebutted the presumption of possession, as the drugs were planted in his motorcycle without his knowledge. The court emphasized the inherent difficulties of proving a negative and the importance of a neutral assessment of evidence.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Gopu Jaya Raman was sentenced to death for importing diamorphine. The Court of Appeal overturned the conviction, finding he successfully rebutted the presumption of possession.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Gopu Jaya Raman | Appellant | Individual | Appeal Allowed | Won | Chua Eng Hui, Skandarajah s/o Selvarajah, Tan Jeh Yaw |
| Public Prosecutor | Respondent | Government Agency | Appeal Lost | Lost | Mark Tay, Michelle Lu |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Judith Prakash | Justice of the Court of Appeal | No |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chua Eng Hui | RHTLaw Taylor Wessing LLP |
| Skandarajah s/o Selvarajah | Skandarajah & Co |
| Tan Jeh Yaw | Tan Peng Chin LLC |
| Mark Tay | Attorney-General’s Chambers |
| Michelle Lu | Attorney-General’s Chambers |
4. Facts
- Appellant was arrested at Woodlands Checkpoint for importing diamorphine.
- Drugs were found hidden in the motorcycle's fenders.
- Appellant claimed he didn't know about the drugs and was tricked.
- Appellant had previously delivered drugs using the same motorcycle.
- Appellant received a call from Ganesh before reaching the checkpoint.
- CNB conducted a follow-up operation involving monitored calls.
- No DNA evidence linked the Appellant to the drugs.
5. Formal Citations
- Gopu Jaya Raman v Public Prosecutor, Criminal Appeal No 40 of 2016, [2018] SGCA 9
6. Timeline
| Date | Event |
|---|---|
| Appellant delivered drugs to Singapore | |
| Appellant delivered drugs to Singapore | |
| Appellant's birthday | |
| Appellant rode motorcycle into Singapore through Woodlands Checkpoint | |
| Appellant arrested at Woodlands Checkpoint | |
| CNB officers contacted | |
| Appellant brought to ICA Arrival Car office | |
| Follow-up operation carried out by CNB officers | |
| Follow-up operation called off | |
| High Court judge convicted the Appellant | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Rebuttal of Statutory Presumptions
- Outcome: The Court of Appeal found that the Appellant successfully rebutted the presumption of possession under s 21 of the MDA.
- Category: Substantive
- Sub-Issues:
- Inherent difficulties of proving a negative
- Neutral assessment of evidence
- Importation of Diamorphine
- Outcome: The Court of Appeal overturned the High Court's conviction for the importation of diamorphine.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Importation of controlled drugs
10. Practice Areas
- Criminal Law
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Harven a/l Segar v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 771 | Singapore | Emphasized the inherent difficulties of proving a negative when assessing whether an accused person has rebutted the relevant presumptions in the MDA. |
| Public Prosecutor v Gopu Jaya Raman | High Court | Yes | [2016] SGHC 272 | Singapore | The High Court's decision that convicted the Appellant, which was overturned on appeal. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Discussed the presumption of possession in s 18(1) of the MDA and distinguished it from the presumption of knowledge in s 18(2) of the MDA. |
| Nagaenthran a/l K Dharmalingam v PP | Court of Appeal | Yes | [2011] 4 SLR 1156 | Singapore | Clarified that the nature of the drug refers to the specific controlled drug found in his possession. |
| Dinesh Pillai a/l K Raja Retnam v PP | Court of Appeal | Yes | [2012] 2 SLR 903 | Singapore | Observed that the accused can rebut the presumption in s 18(2) by showing that he did not know or could not reasonably be expected to have known the nature of the controlled drug. |
| Public Prosecutor v Sibeko Lindiwe Mary-Jane | High Court | Yes | [2016] SGHC 199 | Singapore | Cited for the principle that it is inherently difficult to prove a negative. |
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 18(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 21 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Misuse of Drugs Act
- Statutory presumption
- Rebuttal
- Follow-up operation
- Woodlands Checkpoint
- Ganesh
- Ah Boy
15.2 Keywords
- diamorphine
- drugs
- importation
- singapore
- criminal law
- presumption
- rebuttal
- MDA
16. Subjects
- Criminal Law
- Drug Offences
- Criminal Procedure
17. Areas of Law
- Criminal Law
- Statutory Offences
- Criminal Procedure and Sentencing
- Drug Offences