Public Prosecutor v Shen Hanjie: Sentencing for Diamorphine Trafficking under the Misuse of Drugs Act
In Public Prosecutor v Shen Hanjie, the General Division of the High Court of Singapore sentenced Shen Hanjie to the mandatory death penalty on 27 October 2022, for trafficking not less than 34.94g of diamorphine, an offence under the Misuse of Drugs Act. The court found that Shen Hanjie did not meet the requirements for alternative sentencing under the MDA, as he could not prove his involvement was restricted to that of a courier, nor did he receive a certificate of substantive assistance from the Public Prosecutor, nor was he suffering from an abnormality of mind.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to the mandatory death penalty.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Shen Hanjie was convicted of trafficking diamorphine. The court sentenced him to the mandatory death penalty, as he did not meet the criteria for alternative sentencing.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Accused sentenced to the mandatory death penalty. | Won | Wuan Kin Lek Nicholas of Attorney-General’s Chambers Pavithra Ramkumar of Attorney-General’s Chambers Heershan Kaur of Attorney-General’s Chambers |
| Shen Hanjie | Defendant | Individual | Mandatory death penalty imposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Dedar Singh Gill | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wuan Kin Lek Nicholas | Attorney-General’s Chambers |
| Pavithra Ramkumar | Attorney-General’s Chambers |
| Heershan Kaur | Attorney-General’s Chambers |
| Cheong Jun Ming Mervyn | Advocatus Law LLP |
| Lau Kah Hee | BC Lim & Lau LLC |
4. Facts
- The accused, Shen Hanjie, was convicted of trafficking not less than 34.94g of diamorphine.
- The accused's DNA was found on exhibits D4, D4C2, D6A, D6A1, D6A2, D6B, D7A, D7B, D7C and D8A.
- The accused claimed he repacked the drugs because the original packaging was torn.
- The Public Prosecutor did not issue a certificate of substantive assistance to the accused.
- The accused did not suffer from an abnormality of mind.
- The court rejected the accused's explanation for repacking the drugs, finding his evidence inconsistent and lacking credibility.
5. Formal Citations
- Public Prosecutor v Shen Hanjie, Criminal Case No 34 of 2021, [2022] SGHC 265
6. Timeline
| Date | Event |
|---|---|
| Accused convicted of trafficking diamorphine. | |
| Judgment reserved. | |
| Decision on sentencing delivered. |
7. Legal Issues
- Eligibility for Alternative Sentencing under s 33B of the Misuse of Drugs Act
- Outcome: The court held that the accused did not meet the requirements for alternative sentencing under s 33B(1) of the MDA.
- Category: Substantive
- Sub-Issues:
- Whether the accused's involvement was restricted to acts of a courier
- Whether the Public Prosecutor issued a certificate of substantive assistance
- Whether the accused was suffering from an abnormality of mind
8. Remedies Sought
- Mandatory death penalty
9. Cause of Actions
- Trafficking in controlled drugs
10. Practice Areas
- Criminal Law
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Zainudin bin Mohamed v Public Prosecutor | Court of Appeal | Yes | [2018] 1 SLR 449 | Singapore | Cited for the interpretation of 'incidental to' and 'facilitative of' acts in the context of s 33B of the MDA. |
| Public Prosecutor v Shen Hanjie | High Court | Yes | [2022] SGHC 103 | Singapore | Cited for the judgment on conviction, defining abbreviations used in the sentencing decision. |
| Zamri bin Mohd Tahir v Public Prosecutor | Court of Appeal | Yes | [2019] 1 SLR 724 | Singapore | Cited to emphasize that the inquiry must be directed towards the accused’s acts in relation to the particular consignment of drugs which form the subject matter of the charge against him. |
| Mohammad Farid bin Batra v Public Prosecutor and another appeal and other matters | Court of Appeal | Yes | [2020] 1 SLR 907 | Singapore | Cited to emphasize that the inquiry must be directed towards the accused’s acts in relation to the particular consignment of drugs which form the subject matter of the charge against him. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(1)(b) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- Alternative sentencing
- Courier
- Certificate of substantive assistance
- Abnormality of mind
- Repacking
- Mandatory death penalty
15.2 Keywords
- Drug trafficking
- Diamorphine
- Misuse of Drugs Act
- Mandatory death penalty
- Alternative sentencing
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Sentencing | 85 |
| Criminal Procedure | 80 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing