Chander Kumar v Public Prosecutor: Criminal Review Application for Drug Trafficking Conviction

Chander Kumar a/l Jayagaran applied to the Court of Appeal of Singapore for leave to review his conviction and sentence for drug trafficking, following the dismissal of his appeal in CA/CCA 58/2017. The Court of Appeal, comprising Tay Yong Kwang JCA, Sundaresh Menon CJ, and Andrew Phang Boon Leong JA, had previously upheld his conviction. The current application was based on alleged new evidence and arguments concerning his cautioned statements, DNA evidence, and discrepancies in the sentencing of his co-accused. Tay Yong Kwang JCA dismissed the application summarily, finding no legitimate basis for review under s 394H(7) of the Criminal Procedure Code.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Application dismissed summarily.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Chander Kumar's application for criminal review of his drug trafficking conviction was dismissed, as no new evidence or legal arguments were presented.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyApplication dismissedWon
Francis Ng Yong Kiat of Attorney-General’s Chambers
Chander Kumar A/L JayagaranApplicantIndividualApplication dismissed summarilyDismissed

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJustice of the Court of AppealYes

4. Counsels

Counsel NameOrganization
Francis Ng Yong KiatAttorney-General’s Chambers

4. Facts

  1. The applicant was convicted of possessing and trafficking diamorphine.
  2. The applicant claimed he believed he was delivering betel nuts, not drugs.
  3. The Court of Appeal previously dismissed the applicant's appeal against his conviction.
  4. The applicant sought to introduce new evidence regarding his personal circumstances.
  5. The applicant argued that his co-accused received a lighter sentence.
  6. The applicant argued that his DNA was not found on the drug bundles.

5. Formal Citations

  1. Chander Kumar a/l Jayagaran v Public Prosecutor, Criminal Motion No 37 of 2020, [2021] SGCA 3

6. Timeline

DateEvent
Appeal filed in CA/CCA 58/2017
Appeal in CA/CCA 58/2017 dismissed by the Court of Appeal
Application for criminal review filed by Chander Kumar
Prosecution filed written submissions

7. Legal Issues

  1. Leave for Criminal Review
    • Outcome: The court dismissed the application for leave, finding no legitimate basis for review.
    • Category: Procedural
    • Related Cases:
      • [2020] 2 SLR 1175
      • [2020] SGCA 97
      • [2020] SGCA 101
  2. Admissibility of Cautioned Statements
    • Outcome: The court found no reason to question the admissibility or interpretation of the applicant's cautioned statements.
    • Category: Substantive
    • Related Cases:
      • [2019] 1 SLR 1003
  3. Sufficiency of Evidence for Drug Trafficking Conviction
    • Outcome: The court found that the applicant had not presented sufficient evidence to demonstrate that his conviction was demonstrably wrong.
    • Category: Substantive
    • Related Cases:
      • [2019] 1 SLR 1003

8. Remedies Sought

  1. Review of Conviction
  2. Lighter Sentence

9. Cause of Actions

  • Drug Trafficking
  • Possession of Drugs

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ramesh a/l Perumal v Public Prosecutor and another appealCourt of AppealYes[2019] 1 SLR 1003SingaporeSets out the factual and procedural background of the applicant's appeal and the Court of Appeal's decision to dismiss it.
Syed Suhail bin Syed Zin v Public ProsecutorCourt of AppealYes[2020] SGCA 101SingaporeRelied upon by the Prosecution for the principle that an application lacking in merit warrants summary dismissal.
Kreetharan s/o Kathireson v Public Prosecutor and other mattersCourt of AppealYes[2020] 2 SLR 1175SingaporeSets out the principles governing an application for review and the requirements in s 394J of the CPC.
Moad Fadzir bin Mustaffa v Public ProsecutorCourt of AppealYes[2020] SGCA 97SingaporeApplied the principles set out in Kreetharan regarding the disclosure of a legitimate basis for the exercise of the court’s power of review.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Criminal Procedure CodeSingapore
s 405 of the Criminal Procedure CodeSingapore
s 407 of the Criminal Procedure CodeSingapore
s 394H of the Criminal Procedure CodeSingapore
s 394H(6)(a) of the Criminal Procedure CodeSingapore
s 394H(7) of the Criminal Procedure CodeSingapore
s 394H(8) of the Criminal Procedure CodeSingapore
s 394J of the Criminal Procedure CodeSingapore
s 394J(2) of the Criminal Procedure CodeSingapore
s 394J(3) of the Criminal Procedure CodeSingapore
s 394J(3)(b) of the Criminal Procedure CodeSingapore
s 394J(4) of the Criminal Procedure CodeSingapore
s 394J(5) of the Criminal Procedure CodeSingapore
s 394J(5)(a) of the Criminal Procedure CodeSingapore
s 394J(6)(b) of the Criminal Procedure CodeSingapore
s 394J(7) of the Criminal Procedure CodeSingapore
Misuse of Drugs ActSingapore
s 5(1)(a) read with s 5(2) of the Misuse of Drugs ActSingapore
s 5(1)(a) of the Misuse of Drugs ActSingapore
s 33B(2) of the Misuse of Drugs ActSingapore
s 8(a) of the Misuse of Drugs ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Criminal Review
  • Drug Trafficking
  • Diamorphine
  • Cautioned Statement
  • Miscarriage of Justice
  • Alternative Sentencing
  • Certificate of Substantive Assistance

15.2 Keywords

  • Criminal Review
  • Drug Trafficking
  • Singapore Court of Appeal
  • Misuse of Drugs Act
  • Criminal Procedure Code

17. Areas of Law

Area NameRelevance Score
Criminal Procedure and Sentencing95
Criminal Law90
Criminal Procedure80
Sentencing Appeals75
Criminal Appeals70
Misuse of Drugs Act70
Appeal60
Penal Code50
Revisionary Jurisdiction40
Prevention of Human Trafficking Act40
Public Prosecutor30
Consent of Public Prosecutor30
Irregularities in proceedings20
Defective consent of Public Prosecutor20
Curative powers of court20
Civil Procedure10

16. Subjects

  • Criminal Law
  • Criminal Procedure
  • Drug Trafficking
  • Appeals