Sanjay Krishnan v Public Prosecutor: Adducing Fresh Evidence in Drug Trafficking Appeal
Sanjay Krishnan appealed against his conviction and death sentence for trafficking 2375.1 grams of cannabis. He sought to introduce new evidence, including his own affidavit regarding an altercation with an investigation officer and an affidavit from his former fiancée concerning photographs of the location where the drugs were collected. The Court of Appeal dismissed the application, finding that the evidence did not meet the requirements for admissibility, specifically regarding materiality and non-availability. The court found that the decision not to adduce the evidence at trial was a conscious decision made with the advice of counsel.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application to adduce fresh evidence in appeal against conviction for drug trafficking. The court dismissed the application, finding the evidence lacked materiality and credibility.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application Dismissed | Won | Nicholas Wuan of Attorney-General’s Chambers Keith Jieren Thirumaran of Attorney-General’s Chambers Mark Tay of Attorney-General’s Chambers |
| Sanjay Krishnan | Applicant | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Steven Chong | Justice of the Court of Appeal | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nicholas Wuan | Attorney-General’s Chambers |
| Keith Jieren Thirumaran | Attorney-General’s Chambers |
| Mark Tay | Attorney-General’s Chambers |
| Ramesh Chandr Tiwary | Ramesh Tiwary |
| Kavita Pandey | Leo Fernando LLC |
4. Facts
- Sanjay was convicted of trafficking 2375.1 grams of cannabis and sentenced to death.
- Sanjay sought to adduce new evidence on appeal, including his own affidavit and his former fiancée's affidavit.
- The new evidence pertained to an alleged altercation with an investigation officer and photographs of the location where the drugs were collected.
- Sanjay claimed he thought the box contained hunting knives and possibly illegal cigarettes.
- The Judge rejected Sanjay's contention that he did not know the box contained drugs.
- The defense made a conscious decision not to lead the evidence at trial.
5. Formal Citations
- Sanjay Krishnan v Public Prosecutor, Criminal Motion No 26 of 2021, [2022] SGCA 21
- Public Prosecutor v Dzulkarnain bin Khamis and another, , [2021] SGHC 48
6. Timeline
| Date | Event |
|---|---|
| Dzulkarnain collected a box from a bus stop near Tuas Checkpoint. | |
| Dzulkarnain dropped the box near a green dustbin at Lorong 37 Geylang. | |
| Sanjay retrieved the box from near the green dustbin at Lorong 37 Geylang. | |
| Sanjay was apprehended by CNB officers. | |
| Dzulkarnain was arrested by CNB officers. | |
| Sanjay gave a cautioned statement to IO Ranjeet. | |
| Sanjay told IO Ranjeet that he had nothing against him. | |
| Sanjay mentioned the intention to collect knives in a further statement. | |
| Court dismissed the application to adduce evidence. | |
| Grounds of decision released. |
7. Legal Issues
- Adducing Fresh Evidence
- Outcome: The court held that the requirements for adducing fresh evidence were not met.
- Category: Procedural
- Sub-Issues:
- Non-availability of evidence at trial
- Materiality of evidence
- Credibility of evidence
- Related Cases:
- [1954] 1 WLR 1489
- [2018] 1 SLR 544
- [2021] 2 SLR 1169
8. Remedies Sought
- Appeal against conviction
- Adducing fresh evidence
- Remittal to the Judge to take further evidence
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 |
|---|---|---|---|---|---|
| Public Prosecutor v Dzulkarnain bin Khamis and another | High Court | Yes | [2021] SGHC 48 | Singapore | The Judge explained her reasons for convicting Sanjay and Dzulkarnain. |
| Ladd v Marshall | N/A | Yes | [1954] 1 WLR 1489 | N/A | Cited for the requirements to adduce fresh evidence on appeal. |
| Public Prosecutor v Mohd Ariffan bin Mohd Hassan | N/A | Yes | [2018] 1 SLR 544 | Singapore | Cited for setting out the requirements from Ladd v Marshall. |
| Miya Manik v Public Prosecutor and another matter | N/A | Yes | [2021] 2 SLR 1169 | Singapore | Cited for the principle that the non-availability requirement applies to the Defence. |
| Juma’at bin Samad v Public Prosecutor | N/A | Yes | [1993] 2 SLR(R) 327 | Singapore | Cited regarding the introduction of evidence in an appeal to correct glaring injustice. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Adducing fresh evidence
- Materiality
- Non-availability
- Credibility
- Drug trafficking
- Cautioned statement
- Investigative statement
15.2 Keywords
- Criminal
- Appeal
- Evidence
- Drug Trafficking
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Adducing fresh evidence | 85 |
| Appeal | 80 |
| Trafficking | 75 |
| Admissibility of evidence | 70 |
| Sentencing | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Evidence
- Appeals
- Criminal Procedure