Saridewi Binte Djamani v Public Prosecutor: Misuse of Drugs Act & Admissibility of Statements
Saridewi Binte Djamani appealed to the Court of Appeal of the Republic of Singapore against her conviction and sentence in HC/CC 28/2018 for possession of diamorphine for the purpose of trafficking under the Misuse of Drugs Act. The High Court had rejected her defense that a portion of the drugs was for personal consumption. The Court of Appeal, comprising Sundaresh Menon CJ, Andrew Phang Boon Leong JCA, and Tay Yong Kwang JCA, heard the appeal on 6 October 2022 and dismissed it, finding her defense inconsistent and failing to rebut the statutory presumption of trafficking.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Saridewi Binte Djamani appeals against her conviction and sentence for drug trafficking. The court dismisses the appeal, finding her defense inconsistent and untenable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Marcus Foo of Attorney-General’s Chambers Lim Shin Hui of Attorney-General’s Chambers Zhou Yang of Attorney-General’s Chambers |
| Saridewi Binte Djamani | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Marcus Foo | Attorney-General’s Chambers |
| Lim Shin Hui | Attorney-General’s Chambers |
| Zhou Yang | Attorney-General’s Chambers |
| Koh Choon Guan Daniel | Eldan Law LLP |
| Wong Hong Weng Stephen | Matthew Chiong Partnership |
| Chenthil Kumar Kumarasingam | Withers KhattarWong LLP |
4. Facts
- Saridewi was charged with possession of not less than 30.72g of diamorphine for trafficking.
- Saridewi claimed a portion of the diamorphine was for personal consumption.
- CNB officers found packets of crystalline substance and drug paraphernalia in Saridewi's unit.
- Saridewi threw items out of her kitchen window upon suspecting the presence of CNB officers.
- Saridewi made inconsistent statements regarding her drug consumption habits.
- Saridewi's urine test was negative for diamorphine.
- Saridewi claimed she had resumed consuming diamorphine a month before her arrest.
5. Formal Citations
- Saridewi binte Djamani v Public Prosecutor, , [2022] SGCA 64
6. Timeline
| Date | Event |
|---|---|
| Saridewi met Haikal and received a white plastic bag in exchange for an envelope. | |
| Saridewi was arrested by CNB officers. | |
| Criminal Case No 28 of 2018 commenced. | |
| Criminal Appeal No 30 of 2018 filed. | |
| Public Prosecutor v Saridewi Bte Djamani and another [2018] SGHC 204 issued. | |
| Criminal Motion No 15 of 2019 filed. | |
| Dr Rajesh Jacob issued a medical report. | |
| CM 15 and CCA 30 were heard and adjourned. | |
| Public Prosecutor v Saridewi bte Djamani [2022] SGHC 150 issued. | |
| Court of Appeal dismissed the appeal. |
7. Legal Issues
- Whether Saridewi rebutted the presumption of trafficking under s 17 of the Misuse of Drugs Act.
- Outcome: The court found that Saridewi did not rebut the presumption of trafficking.
- Category: Substantive
- Sub-Issues:
- Inconsistent statements regarding drug consumption
- Credibility of consumption defense
- Impact of methamphetamine withdrawal on statement admissibility
- Admissibility of statements given during methamphetamine withdrawal.
- Outcome: The court found the statements admissible, as the withdrawal symptoms did not significantly impair Saridewi's ability to give reliable statements.
- Category: Procedural
- Sub-Issues:
- Reliability of statements
- Impact of withdrawal symptoms on cognitive ability
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Drug Trafficking
- Possession of Controlled Drugs
10. Practice Areas
- Criminal Law
- Drug Trafficking
- Appeals
- Criminal Litigation
11. Industries
- Law Enforcement
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Muhammad bin Abdullah v Public Prosecutor and another appeal | Court of Appeal | Yes | [2017] 1 SLR 427 | Singapore | Cited for the approach to examining the defence of consumption in drug trafficking cases and rebutting the statutory presumption under s 17 of the MDA. |
| A Steven s/o Paul Raj v Public Prosecutor | Court of Appeal | Yes | [2022] SGCA 39 | Singapore | Cited to clarify that the 'key pillar and essential foundation' of a consumption defence is the rate of consumption. |
| Sulaiman bin Jumari v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 557 | Singapore | Cited to support the point that it is for the accused person alleging a rate of consumption to establish that rate with credible evidence. |
| Public Prosecutor v Saridewi Bte Djamani and another | High Court | Yes | [2018] SGHC 204 | Singapore | The High Court decision that was appealed. The Court of Appeal disagreed with some of the reasoning but upheld the outcome. |
| Public Prosecutor v Saridewi bte Djamani | High Court | Yes | [2022] SGHC 150 | Singapore | The Remittal Judgment. The Judge found that Saridewi had at most been suffering from mild to moderate methamphetamine withdrawal during the period in question. |
| R v Lucas | Queen's Bench | Yes | [1981] QB 720 | England and Wales | Cited for the principle that lies in a statement can corroborate guilt. However, the court did not rely on this principle in the final decision. |
| Ng Beng Siang and others v Public Prosecutor | Court of Appeal | Yes | [2003] SGCA 17 | Singapore | Cited for approving the principles in R v Lucas regarding lies corroborating guilt. However, the court did not rely on this principle in the final decision. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Consumption Defence
- Methamphetamine Withdrawal
- Statutory Presumption
- Admissibility of Statements
- Inconsistent Statements
15.2 Keywords
- drug trafficking
- diamorphine
- misuse of drugs act
- singapore
- criminal appeal
- consumption defence
- evidence
- statements
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Procedure | 80 |
| Criminal Law | 75 |
| Sentencing | 70 |
| Admissibility of evidence | 60 |
16. Subjects
- Criminal Law
- Drug Offences
- Evidence
- Sentencing