PP v Muhammad Ikrimah: MDA Sentencing for Methamphetamine Importation & Possession
In Public Prosecutor v Muhammad Ikrimah bin Muhammad Adrian Rogelio Galaura, the High Court of Singapore sentenced Muhammad Ikrimah to 27 years' imprisonment and 15 strokes of the cane for offenses including importation of not less than 249.99 g of methamphetamine, consumption of methamphetamine, and possession of not less than 34.01 g of methamphetamine, all violations of the Misuse of Drugs Act. The court considered three other charges in sentencing. The defendant appealed against his sentence on grounds that it was manifestly excessive.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 27 years’ imprisonment and 15 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Muhammad Ikrimah was sentenced to 27 years' imprisonment and 15 strokes for importing and possessing methamphetamine in violation of the MDA.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Successful | Won | Chan Yi Cheng of Attorney-General’s Chambers Kenneth Kee of Attorney-General’s Chambers |
| Muhammad Ikrimah bin Muhammad Adrian Rogelio Galaura | Defendant, Appellant | Individual | Sentenced to imprisonment and caning | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Yi Cheng | Attorney-General’s Chambers |
| Kenneth Kee | Attorney-General’s Chambers |
| Krishna Ramakrishna Sharma | Fleet Street Law LLP |
| Rupert Seah Eng Chee | Rupert Seah & Co. |
4. Facts
- The Accused pleaded guilty to three drug charges.
- The Accused imported not less than 249.99 g of methamphetamine into Singapore.
- The Accused consumed methamphetamine.
- The Accused possessed not less than 34.01 g of methamphetamine.
- The Accused worked as a drug courier for one “Shafiq”.
- The Accused was promised payment of S$1,500 for bringing the drugs into Singapore.
- The Accused hid the imported methamphetamine in the car boot.
5. Formal Citations
- Public Prosecutor v Muhammad Ikrimah bin Muhammad Adrian Rogelio Galaura, Criminal Case No 22 of 2019, [2020] SGHC 107
6. Timeline
| Date | Event |
|---|---|
| Accused drove to Malaysia with his wife. | |
| Accused entered Singapore at Woodlands checkpoint with his wife. | |
| Cannabis and methamphetamine discovered in the car. | |
| Accused and his wife brought back to their home. | |
| Four packets of crystalline substances were found at the accused's home. | |
| Charge sheet was dated. | |
| Statement of Facts was dated. | |
| Prosecution's Submissions was dated. | |
| Accused’s Criminal Records filed. | |
| Mitigation Plea dated. | |
| Defence’s Submissions dated. | |
| Accused pleaded guilty before the court. | |
| Shafiq remained at large. | |
| Accused appealed against his sentence. |
7. Legal Issues
- Importation of Methamphetamine
- Outcome: The court found the accused guilty of importing not less than 249.99 g of methamphetamine.
- Category: Substantive
- Sub-Issues:
- Quantity of drugs
- Aggravating factors
- Mitigating factors
- Consumption of Methamphetamine
- Outcome: The court found the accused guilty of consuming methamphetamine.
- Category: Substantive
- Sub-Issues:
- Amount of drugs consumed
- Frequency of consumption
- Possession of Methamphetamine
- Outcome: The court found the accused guilty of possessing not less than 34.01 g of methamphetamine.
- Category: Substantive
- Sub-Issues:
- Quantity of drugs possessed
- Joint possession
- Sentencing Principles
- Outcome: The court applied the Suventher framework and considered aggravating and mitigating factors to determine the appropriate sentence.
- Category: Procedural
- Sub-Issues:
- Aggravating factors
- Mitigating factors
- Totality principle
- Parity of sentencing
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Importation of methamphetamine
- Consumption of methamphetamine
- Possession of methamphetamine
10. Practice Areas
- Criminal Law
- Drug Offences
- Sentencing
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 as the guiding authority which laid down a two stage framework for drug trafficking and importation sentencing. |
| Vasentha d/o Joseph v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 122 | Singapore | Cited for factors to assess an accused’s culpability, and aggravating or mitigating factors. |
| Adri Anton Kalangie v Public Prosecutor | Court of Appeal | Yes | [2018] 2 SLR 557 | Singapore | Cited for the application of the Suventher framework to methamphetamine importation and the indicative sentencing table. |
| Public Prosecutor v Dinesh Singh Bhatia | High Court | Yes | [2005] 3 SLR(R) 1 | Singapore | Cited for the sentencing benchmark for first-time offenders of drug consumption and possession. |
| Public Prosecutor v Raveen Balakrishnan | Court of Appeal | Yes | [2018] 5 SLR 799 | Singapore | Cited for the principle that sentences for offences violating different legally protected interests should run consecutively. |
| Pham Duyen Quyen v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 591 | Singapore | Cited by the Defence to argue that youth is a mitigating factor. |
| Public Prosecutor v Pham Duyen Quyen | High Court | Yes | [2016] 5 SLR 1289 | Singapore | Cited for considering the accused's youth as a mitigating factor. |
| Public Prosecutor v Koh Wen Jie Boaz | High Court | Yes | [2016] 1 SLR 334 | Singapore | Cited for the principle that rehabilitation can be displaced as the dominant sentencing consideration for young offenders in serious crimes. |
| Public Prosecutor v See Li Quan Mendel | High Court | Yes | [2019] SGHC 255 | Singapore | Cited for the principle that rehabilitation can be displaced as the dominant sentencing consideration for young offenders in serious crimes. |
| Public Prosecutor v Mok Ping Wuen Maurice | High Court | Yes | [1999] 1 SLR 138 | Singapore | Cited for the definition of a young offender as one who is 21 or below. |
| Mohd Akebal s/o Ghulam Jilani v Public Prosecutor and another appeal | Court of Appeal | Yes | [2020] 1 SLR 266 | Singapore | Cited by the Defence to argue for a lower sentence based on the absence of aggravating factors. |
| Public Prosecutor v Muhamad Nor Rakis Bin Husin | State Courts | Yes | [2017] SGDC 174 | Singapore | Cited by the Defence to argue for a lower sentence based on the accused's guilty plea and lack of antecedents. |
| Public Prosecutor v Poopathi Chinaiyah s/o Paliandi | High Court | Yes | [2020] SGHC 37 | Singapore | Cited by the Prosecution to argue for a higher sentence based on the accused's culpability. |
| Public Prosecutor v UI | Court of Appeal | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited for the principle that multiple TIC charges reflect aggravated criminality. |
| Navaseelan Balasingam v Public Prosecutor | Court of Appeal | Yes | [2007] 1 SLR(R) 767 | Singapore | Cited for the principle that multiple TIC charges reflect aggravated criminality. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited by the Defence to argue that no uplift in sentence should be awarded for the TIC charges. |
| Loo Pei Xiang Alan v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 500 | Singapore | Cited regarding financial gain as a factor that is inherently reflected in the sentencing range and should not be double counted. |
| Public Prosecutor v Lai Teck Guan | Court of Appeal | Yes | [2018] 5 SLR 852 | Singapore | Cited regarding financial gain as a factor that is inherently reflected in the sentencing range and should not be double counted. |
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 8(b)(ii) of the Misuse of Drugs Act | Singapore |
| s 8(a) read with s 18(4) of the Misuse of Drugs Act | Singapore |
| s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act | Singapore |
| s 9 of the Misuse of Drugs Act | Singapore |
| s 307(1) of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Importation
- Possession
- Consumption
- Drug courier
- Shafiq
- Woodlands checkpoint
- Central Narcotics Bureau
- Misuse of Drugs Act
15.2 Keywords
- Methamphetamine
- Importation
- Possession
- Consumption
- Misuse of Drugs Act
- Sentencing
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
16. Subjects
- Criminal Law
- Drug Offences
- Sentencing