Public Prosecutor v Gunasilan Nadarajah: Trafficking of Methamphetamine under the Misuse of Drugs Act
In Public Prosecutor v Gunasilan Nadarajah, the High Court of Singapore heard the case against Gunasilan Nadarajah, a Malaysian, charged with trafficking 419.72g of methamphetamine under the Misuse of Drugs Act. The prosecution's case hinged on the testimony of Hossain Mahabub, who surrendered the drugs to the police. Gunasilan denied the charges, claiming he had no knowledge of the drugs. The court found Gunasilan guilty, accepting Hossain's testimony and forensic evidence. However, the court determined Gunasilan was a courier who provided substantive assistance and sentenced him to life imprisonment and 15 strokes of the cane.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty verdict with sentence of life imprisonment and caning.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Gunasilan Nadarajah was charged with trafficking methamphetamine. The High Court found him guilty but sentenced him to life imprisonment and caning due to his role as a courier and substantive assistance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Guilty verdict | Won | Lau Wing Yum of Attorney-General’s Chambers Tan Wee Hao of Attorney-General’s Chambers Ong Luan Tze of Attorney-General’s Chambers |
| Gunasilan Nadarajah | Defendant | Individual | Life imprisonment and caning | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lau Wing Yum | Attorney-General’s Chambers |
| Tan Wee Hao | Attorney-General’s Chambers |
| Ong Luan Tze | Attorney-General’s Chambers |
| Ram Goswami | Ram Goswami |
| Cheng Kim Kuan | K K Cheng & Co |
4. Facts
- Gunasilan ran a brothel at 35A Geylang Lor 22.
- Hossain Mahabub worked for Gunasilan as a look-out.
- A police raid occurred on 13 April 2016.
- Gunasilan was not present during the raid.
- Hossain surrendered a haversack containing drugs to the police.
- Gunasilan's DNA was found on a towel and cling wrap inside the haversack.
- Gunasilan admitted to collecting and passing drugs from one 'Abang' to another.
5. Formal Citations
- Public Prosecutor v Gunasilan Nadarajah, Criminal Case No 54 of 2017, [2018] SGHC 170
6. Timeline
| Date | Event |
|---|---|
| Police raid at 35A Geylang Lor 22 | |
| Gunasilan entered Singapore at 1am | |
| Gunasilan hid in a drain from 2.11am to 3.19am | |
| Gunasilan left Singapore at 3.24am | |
| Gunasilan arrested in Singapore | |
| Trial began | |
| Trial continues | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Trafficking of Methamphetamine
- Outcome: The court found the defendant guilty of trafficking methamphetamine.
- Category: Substantive
- Onus of Proof
- Outcome: The court addressed the burden of proof required when presumptions of knowledge and trafficking do not apply.
- Category: Procedural
8. Remedies Sought
- Conviction
- Imprisonment
- Caning
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
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 Act (Cap 185, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Trafficking
- Haverstack
- DNA evidence
- Courier
- Substantive assistance
- Misuse of Drugs Act
15.2 Keywords
- drug trafficking
- methamphetamine
- singapore
- criminal law
- misuse of drugs act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Evidence | 70 |
| Sentencing | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking