Public Prosecutor v Yogeswaran Wairan: Trafficking Diamorphine under Misuse of Drugs Act
In Public Prosecutor v Yogeswaran Wairan, the High Court of Singapore sentenced Yogeswaran Wairan, a Malaysian national, to 25 years' imprisonment and 15 strokes of the cane for trafficking not less than 14.99 grams of diamorphine, a Class A controlled drug, under the Misuse of Drugs Act. The court considered the indicative sentencing starting point, culpability, and mitigating factors, including his guilty plea and willingness to cooperate as a witness. The sentence was ordered to commence from the date of arrest, August 1, 2017.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 25 years’ imprisonment and the mandatory 15 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Yogeswaran Wairan was sentenced to 25 years' imprisonment and 15 strokes of the cane for trafficking diamorphine, a Class A controlled drug.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Terence Chua of Attorney-General’s Chambers Jaime Pang of Attorney-General’s Chambers Wee Yang Xi of Attorney-General’s Chambers |
| Yogeswaran Wairan | Defendant | Individual | Accused Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Terence Chua | Attorney-General’s Chambers |
| Jaime Pang | Attorney-General’s Chambers |
| Wee Yang Xi | Attorney-General’s Chambers |
| Ramesh Tiwary | Ramesh Tiwary Advocates & Solicitors |
| Selvarajan Balamurugan | K&L Gates Straits Law LLC |
4. Facts
- The accused, Yogeswaran Wairan, pleaded guilty to trafficking in not less than 14.99 grams of diamorphine.
- The accused arranged with Barathithasan and Shashi to deliver drugs from Malaysia into Singapore.
- The accused knew that "kallu" referred to packets of heroin.
- On August 1, 2017, Barathithasan brought the drugs into Singapore.
- The accused met up with Barathithasan and guided him to the location for delivery of the drugs.
- The accused used his handphone to obtain further instructions for the delivery of the drugs.
- The accused and Barathithasan placed the black bag containing the drugs on a chair for Zakir to pick up.
- Zakir picked up the bag and passed S$100 to the accused before being arrested.
5. Formal Citations
- Public Prosecutor v Yogeswaran Wairan, Criminal Case No 16 of 2021, [2021] SGHC 97
6. Timeline
| Date | Event |
|---|---|
| Accused and Barathithasan arranged to deliver drugs from Malaysia into Singapore. | |
| Barathithasan brought the drugs into Singapore. | |
| Accused entered Singapore. | |
| Accused met up with Barathithasan. | |
| Barathithasan and the Accused arrived at the location for delivery of the Drugs. | |
| Zakir picked up the black bag containing the Drugs and passed S$100 to the Accused. | |
| Barathithasan and the Accused were arrested by Central Narcotics Bureau officers. | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Trafficking in Diamorphine
- Outcome: The court convicted the accused of trafficking in not less than 14.99 grams of diamorphine.
- Category: Substantive
- Sentencing for Drug Trafficking
- Outcome: The court sentenced the accused to 25 years’ imprisonment and 15 strokes of the cane, considering the quantity of drugs, culpability, and mitigating factors.
- Category: Procedural
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Trafficking in Diamorphine
10. Practice Areas
- Criminal Law
- Drug Trafficking
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 approach involving using the quantity of drugs to obtain an indicative starting sentence. |
| Vasentha d/o Joseph v Public Prosecutor | Unknown | Yes | [2015] 5 SLR 122 | Singapore | Cited for the sentencing approach involving using the quantity of drugs to obtain an indicative starting sentence before making adjustments. |
| Public Prosecutor v Tan Lye Heng | Unknown | Yes | [2017] 5 SLR 564 | Singapore | Cited for indicative starting points for imprisonment for trafficking between 10 grams and 15 grams of diamorphine. |
| Public Prosecutor v Poopathi Chinaiyah s/o Paliandi | Unknown | Yes | [2020] 5 SLR 734 | Singapore | Cited for the principle that the sentence should be proportional to the quantity of drugs involved. |
| Public Prosecutor v Nimalan Ananda Jothi and another | High Court | Yes | [2018] SGHC 97 | Singapore | Cited for the indicative starting sentence for trafficking in not less than 14.99 grams of diamorphine. |
| Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor | Unknown | Yes | [2018] 4 SLR 580 | Singapore | Cited for the principle that being a first-time offender is at best a neutral factor in sentencing. |
| Public Prosecutor v Tan Fook Sum | Unknown | Yes | [1999] 1 SLR(R) 1022 | Singapore | Cited for the principle that being a first-time offender is at best a neutral factor in sentencing. |
| Public Prosecutor v Muhammad Nor Haiqal Bin Shaman | High Court | Yes | [2017] SGHC 292 | Singapore | Cited to distinguish sentencing considerations for youthful offenders. |
| Public Prosecutor v Parthiban Kanapathy | High Court | Yes | [2019] SGHC 226 | Singapore | Cited to distinguish sentencing considerations for youthful offenders. |
| A Karthik v Public Prosecutor | Unknown | Yes | [2018] 5 SLR 1289 | Singapore | Cited for the principle that the law takes a presumptive view that where youthful offenders are concerned, the primary sentencing consideration is rehabilitation. |
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 5(1)(a) of the Misuse of Drugs Act | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- Kallu
- Indicative sentencing
- Culpability
- Mitigating factors
15.2 Keywords
- diamorphine
- drug trafficking
- misuse of drugs act
- sentencing
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Drug Crimes | 95 |
| Misuse of Drugs Act | 95 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing