PP v Iskandar & Farid: Applying Sentencing Guidelines to Drug Trafficking under Misuse of Drugs Act
In Public Prosecutor v Iskandar bin Jinan and Mohd Farid Merican bin Maiden, the General Division of the High Court of Singapore addressed the application of the Sentencing Guidelines to drug trafficking offences under the Misuse of Drugs Act. Iskandar was sentenced to 32 years' imprisonment for drug trafficking, possession for trafficking, and consumption. Farid was sentenced to 31 years' imprisonment for abetting drug trafficking and drug consumption. The court set a maximum 15% discount for guilty pleas in drug cases to maintain proportionality and deterrence.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Iskandar sentenced to 32 years' imprisonment; Farid sentenced to 31 years' imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court clarifies application of Sentencing Guidelines for drug trafficking, setting a 15% maximum discount for guilty pleas under the Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Anandan Bala of Attorney-General’s Chambers Claire Poh of Attorney-General’s Chambers Ng Jun Kai of Attorney-General’s Chambers Kevin Liew of Attorney-General’s Chambers |
| Iskandar bin Jinan | Defendant | Individual | Convicted | Lost | |
| Mohd Farid Merican bin Maiden | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Pang Khang Chau | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anandan Bala | Attorney-General’s Chambers |
| Claire Poh | Attorney-General’s Chambers |
| Ng Jun Kai | Attorney-General’s Chambers |
| Kevin Liew | Attorney-General’s Chambers |
| Boon Khoon Lim | Dora Boon & Company |
| Jason Peter Dendroff | J P Dendroff & Co |
4. Facts
- Iskandar pleaded guilty to trafficking not less than 14.99g of diamorphine.
- Iskandar pleaded guilty to possession for the purposes of trafficking not less than 82.4 g of methamphetamine.
- Iskandar pleaded guilty to consuming methamphetamine.
- Farid pleaded guilty to abetting by engaging in conspiracy with Iskandar to traffic not less than 14.99g of diamorphine.
- Farid pleaded guilty to consuming 2-[1-(5-Fluoropentyl)-1H-indole-3-carboxamido]-3,3-dimethylbutanoic acid or its hexanoic acid isomer.
- Farid pleaded guilty to possessing for the purposes of trafficking 277.14g of vegetable matter and 392.8g of colourless liquid containing 5-fluoro-MDMB-PICA.
- Iskandar had four previous drug trafficking offences.
- Farid had one prior drug trafficking conviction.
5. Formal Citations
- Public Prosecutor v Iskandar bin Jinan and another, Criminal Case No 51 of 2023, [2024] SGHC 134
6. Timeline
| Date | Event |
|---|---|
| Sentencing Guidelines came into effect | |
| Hearing date | |
| Hearing date | |
| Arrest made | |
| Judgment issued |
7. Legal Issues
- Application of Sentencing Guidelines
- Outcome: The court clarified the application of the Sentencing Guidelines to drug trafficking offences, setting a maximum 15% discount for guilty pleas.
- Category: Procedural
- Sub-Issues:
- Reduction in sentences for guilty pleas
- Sentencing discounts for early pleas of guilt
- Drug Trafficking
- Outcome: The court determined the appropriate sentences for drug trafficking offences, considering the quantity of drugs and prior convictions.
- Category: Substantive
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Drug Trafficking
- Possession of Drugs for Trafficking
- Drug Consumption
- Abetting Drug Trafficking
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Endorsed the Millberry justifications for reducing a sentence on account of a guilty plea. |
| R v Millberry | English Court of Appeal | Yes | [2003] 1 WLR 546 | England and Wales | Identified three reasons for reducing a sentence on account of a plea of guilt. |
| Angliss Singapore Pte Ltd v PP | Unknown | Yes | [2006] 4 SLR(R) 653 | Singapore | Case decided that a plea of guilt could be a mitigating factor only if it was indicative of genuine remorse. |
| Public Prosecutor v NF | Unknown | Yes | [2006] 4 SLR(R) 849 | Singapore | Case decided that a plea of guilt could be a mitigating factor only if it was indicative of genuine remorse. |
| Public Prosecutor v UI | Unknown | Yes | [2008] 4 SLR(R) 500 | Singapore | Case decided that a plea of guilt could be a mitigating factor only if it was indicative of genuine remorse. |
| Fu Foo Tong v PP | Court of Appeal | Yes | [1995] 1 SLR(R) 1 | Singapore | Held that a plea of guilt can be of no mitigating value when the evidence overwhelmingly supports a conviction. |
| Wong Kai Chuen Philip v Public Prosecutor | Unknown | Yes | [1990] 2 SLR(R) 361 | Singapore | Remarks on the mitigation value of voluntary surrender and guilty pleas. |
| Xia Qin Lai v Public Prosecutor | Unknown | Yes | [1999] 3 SLR(R) 257 | Singapore | Held that there is no mitigation value in a plea of guilty if the offender pleaded guilty knowing that the Prosecution would have no difficulty in proving the charge against him. |
| Public Prosecutor v Vashan a/l K Raman | High Court | Yes | [2019] SGHC 151 | Singapore | Accorded substantial mitigatory weight to a plea of guilt in a “caught red-handed” case. |
| Public Prosecutor v Murugesan a/l Arumugam | High Court | Yes | [2020] SGHC 203 | Singapore | Accorded substantial mitigatory weight to a plea of guilt in a “caught red-handed” case. |
| Public Prosecutor v Muhammad Nur Azam bin Mohamad Indra and another | Unknown | Yes | [2020] 4 SLR 1255 | Singapore | Held that the guilty plea of an accused person caught red-handed should be accorded little weight. |
| Chia Kim Heng Frederick v Public Prosecutor | Unknown | Yes | [1992] 1 SLR(R) 63 | Singapore | Suggested that a guilty plea in a rape case would merit a discount of one-quarter to one-third of the sentence. |
| R v Taueki | Unknown | Yes | [2005] 3 NZLR 372 | New Zealand | Case regarding the Taueki methodology adopted in New Zealand. |
| Hessell v R | New Zealand Supreme Court | Yes | [2011] 1 NZLR 607 | New Zealand | Case regarding the Taueki methodology adopted in New Zealand. |
| Public Prosecutor v Raveen Balakrishnan | Unknown | Yes | [2018] 5 SLR 799 | Singapore | Case regarding the totality principle. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Unknown | Yes | [2014] 2 SLR 998 | Singapore | Case regarding the one-transaction rule. |
| Vasentha d/o Joseph v Public Prosecutor | High Court | Yes | [2015] 5 SLR 122 | Singapore | Developed a sentencing framework for the offence of trafficking in diamorphine for amounts up to 10g. |
| Suventher Shanmugam v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 115 | Singapore | Approved the Vasentha framework and applied it to drug trafficking and drug importation offences involving higher weight ranges. |
| Public Prosecutor v Lai Teck Guan | High Court | Yes | [2018] 5 SLR 582 | Singapore | Considered how the Vasentha/Suventher framework should be adapted or applied in the case of repeat offenders. |
| Public Prosecutor v Hari Krishnan Selvan | High Court | Yes | [2017] SGHC 168 | Singapore | Case where accused persons who pleaded guilty to trafficking or importing not less than 14.99g of diamorphine were sentenced to 25 years’ imprisonment. |
| Adri Anton Kalangie v Public Prosecutor | Unknown | Yes | [2018] 2 SLR 557 | Singapore | Case where accused persons who pleaded guilty to trafficking or importing not less than 14.99g of diamorphine were sentenced to 25 years’ imprisonment. |
| Public Prosecutor v Muhammad Rais bin Abdul Rashid | High Court | Yes | [2022] SGHC 99 | Singapore | Case where accused persons who pleaded guilty to trafficking or importing not less than 14.99g of diamorphine were sentenced to 25 years’ imprisonment. |
| Public Prosecutor v Muhammad Hakam bin Suliman | High Court | Yes | [2022] SGHC 160 | Singapore | Case where accused persons who pleaded guilty to trafficking or importing not less than 14.99g of diamorphine were sentenced to 25 years’ imprisonment. |
| Public Prosecutor v Low Ji Qing | Unknown | Yes | [2019] 5 SLR 769 | Singapore | Case regarding the principle of escalation. |
| Public Prosecutor v Vikneswaren Ramu and another | High Court | Yes | [2018] SGHC 138 | Singapore | Case regarding a co-accused named Shahriman who was sentenced to 25 years’ imprisonment. |
| Loo Pei Xiang Alan v Public Prosecutor | Unknown | Yes | [2015] 5 SLR 500 | Singapore | Case regarding the rate of conversion adopted in Loo Pei Xiang Alan 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 |
| s 5(1)(a) of the Misuse of Drugs Act | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 5(2) of the Misuse of Drugs Act | Singapore |
| s 33(4A)(i) of the Misuse of Drugs Act | Singapore |
| s 8(b)(ii) of the Misuse of Drugs Act | Singapore |
| s 33(4) of the Misuse of Drugs Act | Singapore |
| s 12 of the Misuse of Drugs Act | Singapore |
| s 33(4D) of the Misuse of Drugs Act | Singapore |
| s 33(4B) of the Misuse of Drugs Act | Singapore |
| s 33(4C) of the Misuse of Drugs Act | Singapore |
| s 33A of the Misuse of Drugs Act | Singapore |
| s 307 of the Criminal Procedure Code 2010 | Singapore |
| s 325(2) of the Criminal Procedure Code | Singapore |
| s 318 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sentencing Guidelines
- Misuse of Drugs Act
- Diamorphine
- Methamphetamine
- Drug Trafficking
- Guilty Plea
- Mandatory Minimum Sentence
- Repeat Offender
- Sentencing Discount
- Indicative Sentence
- Lai Teck Guan framework
- Vasentha/Suventher framework
15.2 Keywords
- Sentencing Guidelines
- Drug Trafficking
- Misuse of Drugs Act
- Guilty Plea
- Singapore Law
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 98 |
| Criminal Law | 95 |
| Sentencing | 90 |
| Criminal Procedure | 85 |
| Offences | 70 |
16. Subjects
- Criminal Law
- Sentencing Guidelines
- Drug Trafficking