Public Prosecutor v Murugesan: Trafficking of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Murugesan a/l Arumugam, the High Court of Singapore convicted Murugesan for trafficking not less than 14.99g of diamorphine under s 5(1)(a) of the Misuse of Drugs Act. Murugesan pleaded guilty and was sentenced to 25 years’ imprisonment and 15 strokes of the cane. The court considered Murugesan's role as a mere courier, the absence of aggravating factors, and his genuine remorse in determining the sentence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 25 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
Murugesan was convicted for trafficking diamorphine under the Misuse of Drugs Act and sentenced to 25 years' imprisonment and 15 strokes of the cane.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Terence Chua, Regina Lim, Lu Yiwei |
| Murugesan a/l Arumugam | Defendant | Individual | Convicted and Sentenced | Lost | Chia Soo Michael, Soh Hui Bin Hany, Sankar s/o Kailasa Thevar Saminathan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Dedar Singh Gill | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Terence Chua | Attorney-General’s Chambers |
| Regina Lim | Attorney-General’s Chambers |
| Lu Yiwei | Attorney-General’s Chambers |
| Chia Soo Michael | MSC Law Corporation |
| Soh Hui Bin Hany | MSC Law Corporation |
| Sankar s/o Kailasa Thevar Saminathan | Sterling Law Corporation |
4. Facts
- The accused, Murugesan, a Malaysian, was 32 years old at the time of the offense.
- On 24 March 2016, Murugesan delivered two packets of diamorphine to Mohamed Ansari bin Mohamed Abdul Aziz (B2) at Lengkong Tiga.
- Murugesan received $5,880 in exchange for the drugs.
- CNB officers arrested Murugesan, B2, and others at the scene.
- The drugs were found to contain not less than 14.99g of diamorphine.
- Murugesan admitted he was instructed by 'Ismail' to deliver the drugs and collect money.
- Murugesan was promised RM500 for delivering the drugs.
5. Formal Citations
- Public Prosecutor v Murugesan a/l Arumugam, Criminal Case No 18 of 2020, [2020] SGHC 203
6. Timeline
| Date | Event |
|---|---|
| Accused transported drugs to Lengkong Tiga carpark. | |
| Accused exchanged drugs for $5,880. | |
| Accused arrested by CNB officers. | |
| Accused remanded. | |
| Exhibits submitted to HSA for analysis. | |
| HSA analysis results disclosed. | |
| Accused convicted of two driving-related offences. | |
| Hearing date. | |
| Judgment date. |
7. Legal Issues
- Trafficking of Diamorphine
- Outcome: The court convicted the accused of trafficking diamorphine.
- Category: Substantive
- Appropriate Sentence for Drug Trafficking
- Outcome: The court imposed a sentence of 25 years’ imprisonment and 15 strokes of the cane.
- Category: Procedural
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Trafficking in controlled drugs
10. Practice Areas
- Criminal Law
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Tan Lye Heng | High Court | Yes | [2017] 5 SLR 564 | Singapore | Cited for the sentencing range for trafficking between 13.01g and 14.99g of diamorphine. |
| Public Prosecutor v Lai Teck Guan | High Court | Yes | [2018] 5 SLR 852 | Singapore | Cited for establishing the indicative sentencing range for a first-time offender trafficking 13 to 14.99g of diamorphine. |
| Amin bin Abdullah v Public Prosecutor | High Court | Yes | [2017] 5 SLR 904 | Singapore | Cited for holding that 26–29 years’ imprisonment was the indicative sentencing range for a first-time offender trafficking 13g to 14.99g of diamorphine. |
| Public Prosecutor v Tay Beng Guan Albert | High Court | Yes | [2000] 2 SLR(R) 778 | Singapore | Cited for the principle that a sentencing discount may not be warranted where the Prosecution would have no difficulty in proving the charge against the accused. |
| Public Prosecutor v Vashan a/l K Raman | High Court | Yes | [2019] SGHC 151 | Singapore | Cited as a case where the sentencing court took into account the accused’s limited role and imposed sentences that fell below 26 years’ imprisonment. |
| Public Prosecutor v Muhammad Nor Haiqal bin Shaman | High Court | Yes | [2017] SGHC 292 | Singapore | Cited as a case where the sentencing courts took into account the accused’s limited role and imposed sentences that fell below 26 years’ imprisonment. |
| Vasentha d/o Joseph v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 122 | Singapore | Cited for setting out the appropriate sentencing framework for drug trafficking offences involving diamorphine. |
| Suventher Shanmugam v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 115 | Singapore | Cited for affirming the sentencing framework for drug trafficking offences involving diamorphine. |
| Loo Pei Xiang Alan v Public Prosecutor | High Court | Yes | [2015] 5 SLR 500 | Singapore | Cited for holding that an offender who traffics between 10g and 15g of diamorphine is to be considered as culpable as a person who traffics between 167g and 250g of methamphetamine. |
| K Saravanan Kuppusamy v Public Prosecutor | Court of Appeal | Yes | [2016] 5 SLR 88 | Singapore | Cited for observing that the overall tenor of the punishment provisions for ss 5 and 7 of the Act is similar. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act Second Schedule | Singapore |
| Misuse of Drugs Act s 7 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug trafficking
- Courier
- Misuse of Drugs Act
- CNB
- HSA
- Remorse
15.2 Keywords
- Drug trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
- Sentencing
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing
17. Areas of Law
- Criminal Law
- Statutory Offences
- Criminal Procedure and Sentencing
- Sentencing
- Misuse of Drugs Act