Syed Suhail v Public Prosecutor: Review of Drug Trafficking Conviction and Sentencing
Syed Suhail bin Syed Zin was convicted of drug trafficking and sentenced to death. He applied for a review of his conviction and sentence, arguing that the issue of abnormality of mind had not been sufficiently canvassed and that his trial counsel did not make the necessary inquiries regarding his financial means. The Court of Appeal dismissed the review application, finding that the applicant had failed to produce sufficient material to demonstrate a miscarriage of justice.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Review application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Review application by Syed Suhail, convicted of drug trafficking, seeking resentencing based on abnormality of mind. The court dismissed the application.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Review application dismissed | Won | Wuan Kin Lek Nicholas of Attorney-General’s Chambers Chin Jincheng of Attorney-General’s Chambers Francis Ng Yong Kiat of Attorney-General’s Chambers |
| Syed Suhail bin Syed Zin | Applicant, Appellant | Individual | Review application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Judith Prakash | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wuan Kin Lek Nicholas | Attorney-General’s Chambers |
| Chin Jincheng | Attorney-General’s Chambers |
| Francis Ng Yong Kiat | Attorney-General’s Chambers |
| Ravi s/o Madasamy | Carson Law Chambers |
4. Facts
- The applicant was convicted of trafficking not less than 38.84g of diamorphine.
- Drugs were found in the applicant's bedroom.
- The applicant initially claimed he collected two packets of heroin from his supplier.
- At trial, the applicant claimed all drugs were for personal consumption.
- The trial judge found the applicant was not a mere courier of drugs.
- The applicant's appeal against conviction and sentence was dismissed.
5. Formal Citations
- Syed Suhail bin Syed Zin v Public Prosecutor, Criminal Motion No 28 of 2020, [2020] SGCA 101
- Public Prosecutor v Syed Suhail bin Syed Zin, , [2016] SGHC 8
6. Timeline
| Date | Event |
|---|---|
| Applicant sold drugs to pay for expenses. | |
| Applicant confirmed he would not raise issues pertaining to being a courier. | |
| Applicant confirmed he would not raise issues pertaining to abnormality of mind. | |
| Court granted adjournment to adduce evidence of applicant's uncle. | |
| Court informed applicant's counsel to provide statutory declaration of uncle if adducing fresh evidence. | |
| Applicant’s appeal against conviction and sentence was dismissed. | |
| President ordered death sentence to be carried out. | |
| President ordered a respite of the execution. | |
| President ordered death sentence to be carried out. | |
| Applicant applied for leave to make a review application. | |
| Court granted applicant leave to make his review application. | |
| Review application heard. | |
| Applicant filed further submissions. | |
| Judgment reserved. |
7. Legal Issues
- Abnormality of Mind
- Outcome: The court found that the applicant had not demonstrated that he suffered from an abnormality of mind that substantially impaired his mental responsibility.
- Category: Substantive
- Sufficiency of Evidence for Review Application
- Outcome: The court held that the applicant had failed to produce sufficient material to demonstrate a miscarriage of justice.
- Category: Procedural
- Alternative Sentencing Regime
- Outcome: The court found that the applicant did not qualify for the alternative sentencing regime under s 33B of the Misuse of Drugs Act.
- Category: Substantive
8. Remedies Sought
- Review of Conviction
- Resentencing
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Appeals
- Review Applications
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Kho Jabing v Public Prosecutor | Court of Appeal | Yes | [2016] 3 SLR 135 | Singapore | Cited for the principle of finality in the legal system and the need for just and fair decisions. |
| The Royal Bank of Scotland NV (formerly known as ABN Amro Bank NV) and others v TT International Ltd (nTan Corporate Advisory Pte Ltd and others, other parties) and another appeal | Court of Appeal | Yes | [2015] 5 SLR 1104 | Singapore | Cited as an example of legal doctrines that prevent civil cases from being re-litigated. |
| Moad Fadzir Bin Mustaffa v Public Prosecutor | Court of Appeal | Yes | [2020] SGCA 97 | Singapore | Cited regarding the dismissal of unmeritorious applications at the leave stage. |
| Kreetharan s/o Kathireson v Public Prosecutor and other matters | Court of Appeal | Yes | [2020] SGCA 91 | Singapore | Cited to reiterate that the review procedure is not a second-tier appeal. |
| Mohammad Azli bin Mohammad Salleh v Public Prosecutor and another appeal and other matters | Court of Appeal | Yes | [2020] 1 SLR 1374 | Singapore | Cited to distinguish the present case from one where the alternative sentencing regime might apply. |
| Ramalingam Ravinthran v Attorney-General | Court of Appeal | Yes | [2012] 2 SLR 49 | Singapore | Cited regarding the Attorney-General's prosecutorial discretion. |
| Yong Vui Kong v Public Prosecutor | Court of Appeal | Yes | [2012] 2 SLR 872 | Singapore | Cited regarding selective prosecution and Art 12(1) of the Constitution. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 216 | Singapore | Cited for the requirements to fall within section 33B(3)(b) of the Misuse of Drugs Act. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 17 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 313(f) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394H | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 394J | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Abnormality of Mind
- Review Application
- Miscarriage of Justice
- Alternative Sentencing Regime
- Courier
- Finality
15.2 Keywords
- Drug Trafficking
- Review Application
- Abnormality of Mind
- Criminal Law
- Singapore
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Criminal Revision | 70 |
| Statutory Interpretation | 40 |
| Administrative Law | 30 |
| Constitutional Law | 30 |
| Private Prosecution | 20 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Criminal Procedure
- Sentencing