Suresh s/o Krishnan v Public Prosecutor: Application for Criminal Review of Drug Importation Conviction
Suresh s/o Krishnan applied to the High Court of Singapore for leave to review his concluded appeal against his conviction and sentence for abetting the importation of cannabis. The High Court, presided over by Justice Vincent Hoong, refused the application, finding that the applicant had not demonstrated a miscarriage of justice. The applicant had been convicted of conspiring with another individual to import drugs and sentenced to imprisonment and caning, a decision that was upheld on appeal.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Leave to have his concluded appeal reviewed refused.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Suresh s/o Krishnan seeks review of his drug importation conviction. The High Court refused his application for leave, finding no miscarriage of justice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Won | Samuel Yap of Attorney-General’s Chambers Regina Lim of Attorney-General’s Chambers |
| Suresh s/o Krishnan | Applicant | Individual | Leave to have his concluded appeal reviewed refused | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Samuel Yap | Attorney-General’s Chambers |
| Regina Lim | Attorney-General’s Chambers |
4. Facts
- The applicant was charged with abetting the importation of cannabis.
- The applicant allegedly conspired with Adai to import the drugs.
- Adai was arrested at Woodlands Checkpoint with the drugs.
- The applicant was arrested at his residence for conspiracy.
- The applicant's first counsel discharged himself during the trial.
- The applicant absconded on the day of closing submissions and was later re-arrested.
- The District Judge found that Adai's possession of the drugs was with the knowledge and consent of the applicant.
5. Formal Citations
- Suresh s/o Krishnan v Public Prosecutor, Criminal Motion No 55 of 2021, [2022] SGHC 28
6. Timeline
| Date | Event |
|---|---|
| Adai was arrested at Woodlands Checkpoint for drug possession. | |
| Suresh s/o Krishnan was arrested for conspiring to import drugs. | |
| Applicant's first counsel discharged himself. | |
| Adai was convicted and sentenced. | |
| Applicant was re-arrested. | |
| MA 9791 was heard; the appeal was dismissed. | |
| Applicant filed the present application. | |
| Applicant requested adjournment of CM 55. | |
| Applicant requested adjournment of CM 55. | |
| Case management conference conducted; adjournment allowed. | |
| Applicant filed first set of additional submissions. | |
| Adai’s appeal was heard and allowed in part. | |
| Case management conference conducted; applicant requested to file another set of additional submissions. | |
| Applicant filed second additional submissions. | |
| Hearing date. | |
| Judgment reserved. |
7. Legal Issues
- Whether leave should be granted to review the High Court’s decision
- Outcome: The court refused the applicant's leave application, finding that the requirements under s 394J of the CPC were not met.
- Category: Procedural
- Related Cases:
- [2020] 2 SLR 1175
- [2021] SGCA 118
- Fair Trial
- Outcome: The court held that the applicant was not unfairly treated at trial.
- Category: Substantive
- Breach of Kadar obligations
- Outcome: The court held that the Prosecution had not breached its Kadar obligations.
- Category: Substantive
- Related Cases:
- [2011] 3 SLR 1205
- Wrongful Conviction
- Outcome: The court held that the applicant was not wrongfully convicted.
- Category: Substantive
- Manifestly Excessive Sentence
- Outcome: The court held that the sentence was not manifestly excessive.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 115
8. Remedies Sought
- Review of conviction
- Review of sentence
9. Cause of Actions
- Aiding and abetting the importation of drugs
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Adaikalaraj a/l Iruthayam and another | District Court | Yes | [2020] SGDC 141 | Singapore | Grounds of decision of the applicant’s joint trial with Adai. |
| Kreetharan s/o Kathireson v Public Prosecutor and other matters | Court of Appeal | Yes | [2020] 2 SLR 1175 | Singapore | Cited for the applicable principles under s 394J(2) of the CPC for granting leave under s 394H of the CPC. |
| Murugesan a/l Arumugam v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 118 | Singapore | Cited for the principle that leave will not be granted if an application fails to meet any of the cumulative requirements in s 394J(3) of the CPC. |
| Muhammad bin Kadar v Public Prosecutor | Court of Appeal | Yes | [2011] 3 SLR 1205 | Singapore | Cited regarding the Prosecution's obligations of disclosure. |
| Suventher Shanmugam v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 115 | Singapore | Cited for the sentencing guidelines laid down by the Court of Appeal. |
| Lee Siew Boon Winston v Public Prosecutor | High Court | Yes | [2015] 4 SLR 1184 | Singapore | Cited for the presumption that the Prosecution has complied with its Kadar obligations. |
| Mohammad Yusof bin Jantan v PP | High Court | Yes | [2021] SGHC 82 | Singapore | Cited for the observations that the new review provisions in the CPC are not meant to achieve a second chance to appeal. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code 2010 | Singapore |
| s 394H of the Criminal Procedure Code 2010 | Singapore |
| s 394J of the Criminal Procedure Code 2010 | Singapore |
| Misuse of Drugs Act 1973 | Singapore |
| s 7 read with s 12 of the Misuse of Drugs Act 1973 | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 18(4) of the Misuse of Drugs Act | Singapore |
| s 18(2) of the Misuse of Drugs Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal review
- Miscarriage of justice
- Kadar obligations
- Leave application
- Drug importation
- Aiding and abetting
- Criminal Procedure Code
15.2 Keywords
- Criminal review
- Drug importation
- Singapore
- High Court
- Miscarriage of justice
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Review | 95 |
| Criminal Law | 90 |
| Misuse of Drugs Act | 80 |
| Criminal Procedure | 70 |
| Criminal Revision | 60 |
| Appeal | 50 |
| Admissibility of evidence | 30 |
| Evidence | 20 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Drug Offences
- Appeals