Public Prosecutor v Jeganathan Balan: Trafficking of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Jeganathan Balan, the High Court of Singapore convicted Jeganathan Balan of trafficking diamorphine under the Misuse of Drugs Act. Balan was found guilty of possessing not less than 9.99g of diamorphine for the purpose of trafficking. The court sentenced him to 13 years of imprisonment, backdated to his arrest on 30 April 2019, and 10 strokes of the cane. The judge, Hoo Sheau Peng J, provided the grounds of decision, detailing the facts, conviction, and sentencing considerations.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Sentence of 13 years of imprisonment and 10 strokes of the cane imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Jeganathan Balan was convicted of trafficking diamorphine under the Misuse of Drugs Act and sentenced to 13 years' imprisonment and 10 strokes of the cane. The High Court provides its reasons for the sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction and Sentence | Won | Jotham Tay of Attorney-General’s Chambers Audrey Choo of Attorney-General’s Chambers |
| Jeganathan Balan | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jotham Tay | Attorney-General’s Chambers |
| Audrey Choo | Attorney-General’s Chambers |
| N K Rajarh | K&L Gates Straits Law LLC |
| Jerrie Tan | K&L Gates Straits Law LLC |
4. Facts
- The accused pleaded guilty to trafficking not less than 9.99g of diamorphine.
- The accused entered Singapore from Malaysia on a motorcycle.
- The accused collected a paper bag containing cash and drugs.
- The accused knew the nature of the drugs and possessed them for trafficking.
- The accused threw the paper bag and drugs onto a grass patch.
- The accused was arrested by CNB officers.
- The drugs were found to contain not less than 16.19g of diamorphine.
5. Formal Citations
- Public Prosecutor v Jeganathan Balan, Criminal Case No 8 of 2022, [2022] SGHC 37
6. Timeline
| Date | Event |
|---|---|
| Accused arrested | |
| Accused entered Singapore from Malaysia via Tuas Checkpoint | |
| Accused arrived in the vicinity of Straits Residences | |
| Accused collected the Paper Bag | |
| Accused threw the Paper Bag and the Drugs onto the grass patch | |
| Accused arrested at the traffic junction of Toh Guan Road and Toh Guan Road | |
| Paper Bag and the Drugs seized | |
| Cash seized from accused | |
| Drugs submitted to the Health Sciences Authority for analysis | |
| Certificate issued stating that the packet contained not less than 16.19g of diamorphine | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Trafficking of Diamorphine
- Outcome: The court convicted the accused of trafficking diamorphine.
- Category: Substantive
- Sentencing for Drug Trafficking
- Outcome: The court imposed a sentence of 13 years of imprisonment and 10 strokes of the cane, backdated to the date of arrest.
- Category: Procedural
- Related Cases:
- [2015] 5 SLR 122
- [2017] 2 SLR 115
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Trafficking of Diamorphine
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Vasentha d/o Joseph v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 122 | Singapore | Cited for the sentencing framework for first time offenders convicted for trafficking in diamorphine in quantities up to 9.99g. |
| Suventher Shanmugam v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 115 | Singapore | Cited for affirming the sentencing framework set out in Vasentha d/o Joseph v Public Prosecutor. |
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
- Misuse of Drugs Act
- Courier
- Mitigating Factors
- Aggravating Factors
15.2 Keywords
- Criminal Law
- Drug Trafficking
- Singapore
- Diamorphine
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 100 |
| Criminal Law | 90 |
| Sentencing | 70 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing