PP v Ravan: Misuse of Drugs Act Sentencing for Cannabis Trafficking

In [2018] SGHC 103, the High Court of Singapore sentenced Ravan s/o Samubil, Ilango s/o Venayagam, and Noor Azmi bin A Rahman for drug trafficking offenses under the Misuse of Drugs Act. Ravan was sentenced to 24.5 years imprisonment and 15 strokes of the cane for abetting Ilango in trafficking cannabis. Ilango received 26.5 years imprisonment and 15 strokes of the cane for possessing cannabis for trafficking. Noor Azmi was sentenced to 25 years imprisonment and 15 strokes of the cane for trafficking cannabis. The court considered the quantity of drugs, individual culpability, and mitigating/aggravating factors in determining the sentences. Ravan has appealed his sentence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Guilty plea entered; sentences of imprisonment and caning imposed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Ravan, Ilango, and Noor Azmi were sentenced for drug activities involving cannabis. The court considered their culpability and imposed sentences ranging from 24.5 to 26.5 years.

1.7 Decision Date

25 April 2018

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Public Prosecutor	Prosecution	Government Agency	Sentences imposed	Won	Anandan Bala, Zhou Yihong, Gabriel Choong
Ravan s/o Samubil	Defendant	Individual	Guilty plea entered; sentenced to 24½ years of imprisonment and 15 strokes of the cane	Lost	Ramesh Tiwary, Ravinderpal Singh
Ilango s/o Venayagam	Defendant	Individual	Guilty plea entered; sentenced to 26½ years of imprisonment and 15 strokes of the cane	Lost	Paul Tan, Jared Dass
Noor Azmi bin A Rahman	Defendant	Individual	Guilty plea entered; sentenced to 25 years of imprisonment and 15 strokes of the cane	Lost	Johan Ismail, Gino Hardial Singh

3. Judges

Judge Name	Title	Delivered Judgment
Hoo Sheau Peng	Judge	Yes

4. Counsels

Counsel Name	Organization
Anandan Bala	Attorney-General’s Chambers
Zhou Yihong	Attorney-General’s Chambers
Gabriel Choong	Attorney-General’s Chambers
Ramesh Tiwary	Ramesh Tiwary
Ravinderpal Singh	Kalco Law LLC
Paul Tan	Rajah & Tann Singapore LLP
Jared Dass	Rajah & Tann Singapore LLP
Johan Ismail	Johan Ismail & Co
Gino Hardial Singh	Eugene Thuraisingam LLP

4. Facts

Noor Azmi transported drugs into Singapore for RM600 per delivery.
Ilango recruited Ravan to assist in cutting and repacking the drugs, promising him $50.
Ravan and Ilango cut three blocks of cannabis into smaller packets.
The total amount of cannabis and cannabis mixture was 1,317.7 grams and 1,378.8 grams respectively.
Ravan suggested using a weighing scale to ensure the blocks were cut into 500-gram portions.
Ilango suspected he would be collecting illegal drugs when offered a job by Abdul Karim.
Ravan admitted to assisting Ilango in dealing with the 'ganja', knowing it was 'ganja'.

5. Formal Citations

Public Prosecutor v Ravan s/o Samubil and others, Criminal Case No 78 of 2017, [2018] SGHC 103

6. Timeline

Date	Event
2015-10-22	Drug activities took place
2015-10-22	Ravan and Ilango arrested
2015-11-13	Noor Azmi arrested
2018-01-11	Accused persons pleaded guilty and were convicted
2018-01-12	Sentences imposed on Ravan, Ilango and Noor Azmi
2015-10-24	Imprisonment terms for Ravan and Ilango backdated to this date
2015-11-14	Imprisonment term for Noor Azmi backdated to this date
2018-04-26	Grounds of decision issued

7. Legal Issues

Drug Trafficking
- Outcome: The court found the accused persons guilty of drug trafficking offences.
- Category: Substantive
- Related Cases:
  - [2017] 2 SLR 115
  - [2015] 5 SLR 122
Sentencing for Drug Offences
- Outcome: The court determined the appropriate sentences based on the quantity of drugs, culpability of the accused, and aggravating/mitigating factors.
- Category: Procedural
- Related Cases:
  - [2017] 2 SLR 115
Abetment of Drug Trafficking
- Outcome: The court found Ravan guilty of abetting Ilango in trafficking cannabis.
- Category: Substantive

8. Remedies Sought

Imprisonment
Caning

9. Cause of Actions

Drug Trafficking
Abetment of Drug Trafficking
Possession of Drugs for the Purpose of Trafficking

10. Practice Areas

Criminal Law
Drug Trafficking

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	Cited for the principles in determining sentences for drug trafficking offences.
Vasentha d/o Joseph v Public Prosecutor	High Court	Yes	[2015] 5 SLR 122	Singapore	Cited for the assessment of an offender’s culpability in relation to a drug trafficking offence.
Public Prosecutor v Muhammad Nor Haiqal bin Shaman	High Court	Yes	[2017] SGHC 292	Singapore	Cited by Ravan's counsel to argue for a lower sentence, but distinguished by the court due to differences in age and criminal history.
Chong Han Rui v Public Prosecutor	High Court	Yes	[2016] SGHC 25	Singapore	Cited for the principle of parity in sentencing co-offenders.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)	Singapore
s 5(1)(a) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)	Singapore
s 5(1)(a) read with s 5(2) of the MDA	Singapore
s 5(1)(a) read with ss 5(2) and 12 of the MDA	Singapore
s 8(b)(ii) of the Misuse of Drugs Act (Cap 185, 2001 Rev Ed)	Singapore
s 33(1) read with the sixth column of the Second Schedule of the MDA	Singapore
s 12 of the MDA	Singapore
s 33(4A)(i) of the MDA	Singapore
s 33(4D) of the MDA	Singapore
s 423 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Cannabis
Ganja
Drug Trafficking
Abetment
Possession for Trafficking
Courier
Mitigating Factors
Aggravating Factors
Culpability
Indicative Starting Point

15.2 Keywords

Drug Trafficking
Cannabis
Misuse of Drugs Act
Singapore
Sentencing
Abetment

16. Subjects

Criminal Law
Drug Trafficking
Sentencing

17. Areas of Law

Criminal Law
Statutory Offences
Misuse of Drugs Act
Sentencing