Kannan v Public Prosecutor: Appeal Against 26-Year Sentence for Drug Trafficking
Kannan s/o Birasenggam, a Singapore citizen, appealed to the Court of Appeal against his sentence of 26 years' imprisonment and 15 strokes of the cane for trafficking in not less than 499.99g of cannabis and not less than 14.99g of diamorphine. The High Court had deducted five months from each imprisonment term to account for an earlier period of remand. The Court of Appeal, comprising Judith Prakash JCA, Tay Yong Kwang JCA, and Woo Bih Li JAD, dismissed the appeal, holding that the sentence was not manifestly excessive, considering the quantity of drugs involved and the fact that the appellant committed the offences while on bail. The judgment was delivered on February 26, 2021.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal against sentence dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Kannan appeals a 26-year sentence for trafficking cannabis and diamorphine. The Court of Appeal dismissed the appeal, finding the sentence not manifestly excessive.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal dismissed | Won | John Lu of Attorney-General’s Chambers Regina Lim of Attorney-General’s Chambers |
| Kannan s/o Birasenggam | Appellant | Individual | Appeal against sentence dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Justice of the Court of Appeal | No |
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Woo Bih Li | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| John Lu | Attorney-General’s Chambers |
| Regina Lim | Attorney-General’s Chambers |
4. Facts
- The appellant pleaded guilty to trafficking in not less than 499.99g of cannabis.
- The appellant pleaded guilty to trafficking in not less than 14.99g of diamorphine.
- The appellant was sentenced to 26 years' imprisonment and 15 strokes of the cane on each charge.
- The appellant committed the offences while on bail for unrelated matters.
- The High Court deducted five months from each imprisonment term to account for an earlier period of remand.
- The appellant claimed he was only doing a favour for an old friend and received no payment.
- The appellant has elderly parents and three young children born out of wedlock.
5. Formal Citations
- Kannan s/o Birasenggam v Public Prosecutor, Criminal Appeal No 31 of 2020, [2021] SGCA 15
6. Timeline
| Date | Event |
|---|---|
| Appellant remanded | |
| Appellant arrested by CNB officers | |
| Appellant pleaded guilty to drug trafficking charges | |
| Court of Appeal dismissed the appeal against sentence |
7. Legal Issues
- Appropriateness of Sentence
- Outcome: The Court of Appeal held that the sentence was not manifestly excessive, considering the quantity of drugs involved and the fact that the appellant committed the offences while on bail.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 115
- [2015] 5 SLR 122
8. Remedies Sought
- Reduction of Sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Appeals
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 for the sentencing framework applicable to drug trafficking offences. |
| Vasentha d/o Joseph v Public Prosecutor | High Court | Yes | [2015] 5 SLR 122 | Singapore | Cited for the sentencing framework applicable to drug trafficking offences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Drug Trafficking
- Cannabis
- Diamorphine
- Sentencing
- Mitigating Factors
- Aggravating Factors
- Manifestly Excessive
15.2 Keywords
- Drug Trafficking
- Criminal Appeal
- Singapore
- Sentencing
- Cannabis
- Diamorphine
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 90 |
| Drug Trafficking | 85 |
| Appeal | 60 |
16. Subjects
- Criminal Law
- Sentencing
- Drug Offences