PP v Sinniah: Importation of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Sinniah a/l Sundram Pillai, the High Court of Singapore convicted Sinniah of importing not less than 18.85g of diamorphine into Singapore, an offence under the Misuse of Drugs Act. Sinniah claimed he believed he was importing a non-capital amount of diamorphine. Hoo Sheau Peng J found the accused guilty, determining that he was wilfully blind to the actual quantity of drugs and sentenced him to life imprisonment and 15 strokes of the cane.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused convicted of the charge.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Sinniah was convicted of importing diamorphine into Singapore under the Misuse of Drugs Act. The court found he was wilfully blind to the quantity of drugs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | April Phang, Sia Jiazheng, Desmond Chong |
| Sinniah a/l Sundram Pillai | Defendant | Individual | Conviction | Lost | Mahadevan Lukshumayeh, Zaminder Singh Gill |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| April Phang | Attorney-General’s Chambers |
| Sia Jiazheng | Attorney-General’s Chambers |
| Desmond Chong | Attorney-General’s Chambers |
| Mahadevan Lukshumayeh | Lukshumayeh Law Corporation |
| Zaminder Singh Gill | Hilborne Law LLC |
4. Facts
- The accused, Sinniah, was a driver for Yinson Transport.
- On 25 March 2016, Sinniah drove a trailer from Malaysia to Singapore.
- Checkpoint officers found a bundle of drugs containing not less than 18.85g of diamorphine in the dashboard compartment of the trailer.
- Sinniah admitted to ownership and knowledge of the drug exhibits seized.
- Sinniah claimed he believed he was importing only 'half a stone' of diamorphine, which would not trigger the death penalty.
- The accused was to deliver the drugs to one 'Abang' in Tuas for $3,400.
- The accused had previously delivered marunthu into Singapore on three occasions.
5. Formal Citations
- Public Prosecutor v Sinniah a/l Sundram Pillai, Criminal Case No 35 of 2018, [2019] SGHC 79
6. Timeline
| Date | Event |
|---|---|
| Accused drove the Trailer from Malaysia to Singapore via the Woodlands Checkpoint. | |
| Accused was stopped, searched and arrested at Woodlands Checkpoint. | |
| Accused's statement recorded under s 23 of the CPC. | |
| Trial began | |
| Trial continued | |
| Hearing date | |
| Hearing date | |
| Judgment issued |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found that the accused was wilfully blind to the quantity of drugs he was importing, which amounted to actual knowledge.
- Category: Substantive
- Sub-Issues:
- Knowledge of quantity of drugs
- Wilful blindness
- Related Cases:
- [1992] 3 SLR(R) 256
- [2018] 2 SLR 557
- [2008] 1 SLR(R) 1
- [2014] SGHC 125
- [2017] SGHC 99
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Importation of Controlled Drugs
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kwok Chun and another v Public Prosecutor | Court of Appeal | Yes | [1992] 3 SLR(R) 256 | Singapore | Cited for the elements of the offence under s 7 of the MDA. |
| Adri Anton Kalangie v Public Prosecutor | Court of Appeal | Yes | [2018] 2 SLR 557 | Singapore | Cited to confirm that the element of 'importation' simply requires the bringing of drugs into Singapore. |
| Tan Kiam Peng v Public Prosecutor | Court of Appeal | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited for principles relating to the doctrine of wilful blindness. |
| Public Prosecutor v Muhammad Farid bin Mohd Yusop | High Court | Yes | [2014] SGHC 125 | Singapore | Cited for the approach taken regarding the presumption under s 18(1) of the MDA. |
| Public Prosecutor v Ng Peng Chong and another | High Court | Yes | [2017] SGHC 99 | Singapore | Distinguished from the present case based on the consistency of the accused's defence and the presence of objective evidence. |
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 7 of the Misuse of Drugs Act | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 33B(1)(a) of the Misuse of Drugs Act | Singapore |
| s 33B(2)(a)(i)–(iv) of the Misuse of Drugs Act | Singapore |
| s 18(1) of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 267(1) of the Criminal Procedure Code | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Marunthu
- Wilful blindness
- Importation
- Courier
- Half a stone
- Capital amount
15.2 Keywords
- Diamorphine
- Drug Importation
- Misuse of Drugs Act
- Wilful Blindness
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Drug Trafficking
- Importation of Drugs
17. Areas of Law
- Criminal Law
- Statutory Offences
- Misuse of Drugs Act