Parthiban v Public Prosecutor: Appeal Against Drug Importation Conviction and Sentencing
In the Court of Appeal of Singapore, Parthiban a/l Kanapathy appealed against his conviction for importing not less than 14.99g of diamorphine under s 7 of the Misuse of Drugs Act and the sentences imposed for both the importation charge and a charge of perverting the course of justice under s 204A of the Penal Code. The High Court had previously convicted Parthiban on both charges, sentencing him to a total of 25 years and six months of imprisonment with 15 strokes of the cane. The Court of Appeal, comprising Andrew Phang Boon Leong JCA, Tay Yong Kwang JCA, and Chao Hick Tin SJ, dismissed the appeal in its entirety, upholding both the conviction and the sentences.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal dismissed in its entirety.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal upholds Parthiban's conviction for importing diamorphine and his sentence for perverting justice by attempting to suborn a witness.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Senthilkumaran s/o Sabapathy of Attorney-General’s Chambers Deborah Lee of Attorney-General’s Chambers |
| Parthiban a/l Kanapathy | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Senthilkumaran s/o Sabapathy | Attorney-General’s Chambers |
| Deborah Lee | Attorney-General’s Chambers |
| Ramesh Chandr Tiwary | Ramesh Tiwary |
4. Facts
- Appellant was stopped at Woodlands Checkpoint on 4 February 2012.
- Four packets of drugs were found hidden in the motorcycle's air filter compartment.
- The packets contained not less than 24.95g of diamorphine.
- Appellant incriminated Muneeshwar for instigating him to bring the packets into Singapore.
- Appellant handed Muneeshwar a note with instructions to falsely testify.
- Muneeshwar informed his counsel about having received the note.
- The Judge sentenced the appellant to an imprisonment term of 23 years and nine months with 15 strokes of the cane for the Importation Charge, and an imprisonment term of one year and nine months for the PCJ Charge.
5. Formal Citations
- Parthiban a/l Kanapathy v Public Prosecutor, Criminal Appeal No 7 of 2021, [2021] SGCA 75
6. Timeline
| Date | Event |
|---|---|
| Appellant stopped at Woodlands Checkpoint. | |
| Drugs discovered in appellant's motorcycle. | |
| Appellant arrested. | |
| Drug exhibits handed over to Dr. Yap at HSA. | |
| Appellant committed to stand trial in the High Court. | |
| Muneeshwar committed to stand trial in the High Court. | |
| Appellant handed Muneeshwar a note with instructions to falsely testify. | |
| Muneeshwar informed his counsel about the note. | |
| Muneeshwar's counsel reported the matter to a CNB officer. | |
| Commencement of the second tranche of hearings. | |
| The High Court Judge found that the Prosecution had proven the Importation Charge beyond a reasonable doubt and convicted the appellant accordingly. | |
| Statement of Facts (2nd Charge) (Amended) filed. | |
| Court of Appeal judgment delivered. |
7. Legal Issues
- Chain of Custody
- Outcome: The court found that the prosecution had proven an unbroken chain of custody beyond a reasonable doubt.
- Category: Substantive
- Related Cases:
- [2019] 1 SLR 440
- Sentencing for Drug Importation
- Outcome: The court held that the sentence imposed by the Judge was not manifestly excessive, considering the seriousness of the offense and the need for deterrence.
- Category: Substantive
- Related Cases:
- [2018] 5 SLR 852
- [2020] 1 SLR 266
- [2015] 5 SLR 122
- Sentencing for Perverting the Course of Justice
- Outcome: The court found that the sentence of one year and nine months' imprisonment appropriately reflects the seriousness of the offense.
- Category: Substantive
- Related Cases:
- [2020] SGDC 157
- [2013] SGHC 136
- [2019] SGDC 48
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Importation of Drugs
- Perverting the Course of Justice
10. Practice Areas
- Criminal Appeals
- Drug Offences
- Sentencing Guidelines
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Parthiban Kanapathy | High Court | Yes | [2019] SGHC 226 | Singapore | Cited as the judgment under appeal, detailing the High Court's findings and sentencing. |
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 254 | Singapore | Cited for restating the three elements of an importation charge under s 7 of the MDA. |
| Mohamed Affandi bin Rosli v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 440 | Singapore | Cited for the legal principle that the Prosecution must prove the chain of custody of exhibits beyond a reasonable doubt. |
| Chan Lie Sian v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 439 | Singapore | Cited for the principle that a point not challenged at trial is deemed accepted. |
| Public Prosecutor v Lai Teck Guan | High Court | Yes | [2018] 5 SLR 852 | Singapore | Cited for the indicative starting point for sentencing in importation charges involving diamorphine. |
| Mohd Akebal s/o Ghulam Jilani v Public Prosecutor and another appeal | Court of Appeal | Yes | [2020] 1 SLR 266 | Singapore | Cited for affirming the indicative starting point for sentencing in importation charges involving diamorphine. |
| Vasentha d/o Joseph v Public Prosecutor | High Court | Yes | [2015] 5 SLR 122 | Singapore | Cited for factors indicating higher culpability in drug offenses, such as financial motivation and concealment. |
| Public Prosecutor v Aida Tay Ai Lin | District Court | Yes | [2020] SGDC 157 | Singapore | Cited for categorizing offenses under s 204A of the Penal Code. |
| Seah Hock Thiam v Public Prosecutor | High Court | Yes | [2013] SGHC 136 | Singapore | Cited for the principle that the seriousness of the predicate charge is relevant in sentencing for perverting the course of justice. |
| Public Prosecutor v Lim Chit Foo | District Court | Yes | [2019] SGDC 48 | Singapore | Cited for factors indicating culpability in perverting the course of justice, such as persistence and premeditation. |
| Public Prosecutor v Raveen Balakrishnan | High Court | Yes | [2018] 5 SLR 799 | Singapore | Cited for the principle that sentences for unrelated offenses should run consecutively. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 204A | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Importation
- Chain of Custody
- Perverting the Course of Justice
- Woodlands Checkpoint
- Misuse of Drugs Act
- Penal Code
- Sentencing
- Muneeshwar
- Note
15.2 Keywords
- drug importation
- diamorphine
- criminal appeal
- perverting justice
- Singapore
- court of appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Misuse of Drugs Act | 95 |
| Criminal Procedure | 90 |
| Sentencing | 80 |
| Appeal | 70 |
| Statutory Interpretation | 60 |
16. Subjects
- Criminal Law
- Drug Offences
- Criminal Procedure
- Sentencing
- Appeals