Public Prosecutor v Sukumar A/L Shanmugam

• Jurisdiction: Singapore
• Judge: Olivia Low
• Judgment Date: 02 November 2017
• Neutral Citation: [2017] SGDC 294
• Court: District Court (Singapore)
• Docket Number: DAC 935909-2017
• Published date: 17 May 2018
• Year: 2017
• Hearing Date: 09 October 2017,12 October 2017
• Plaintiff Counsel: DPP Shen Wanqin
• Defendant Counsel: Revi Shanker (Arshanker Law Chambers)
• Citation: [2017] SGDC 294

District Judge Olivia Low:

The accused, a 36-year-old Malaysian, pleaded guilty to one reduced charge of trafficking in not less than 14.99 grams of diamorphine as stated:

“that you, on 17 November 2015 sometime before 12.15 p.m., inside a car bearing Malaysian registration number JQX 8206, in Singapore, did traffic in a Class A controlled drug listed in the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”), to wit, by delivering to one Ho Kok Ming (NRIC No. Sxxx), three (3) packets containing not less than 1334.40 grams of granular/powdery substance which was analysed and found to contain not less than 14.99 grams of diamorphine, without any authorisation under the MDA or the Regulations made thereunder, and you have thereby committed an offence under s 5(1)(a) of the MDA and punishable under s 33(1) of the MDA.”

The accused admitted to the Statement of Facts without any qualification and the salient points are set out below. He admitted and consented to two other charges of trafficking of a controlled drug to be taken into consideration for the purpose of sentencing. The accused was sentenced to 26 years’ imprisonment backdated to 19 November 2015, and 15 strokes of the cane. The accused has lodged an appeal against sentence. I now set out the reasons for my decision.

Facts

On 17 November 2015 at about 8.30am, the accused left his residence in Johor Baru and drove a white car bearing Malaysian registration number JQX 8206 (“the Car”) towards Singapore. Prior to his journey to Singapore, the accused concealed five wrapped drug bundles in an internal compartment of a modified subwoofer and placed the subwoofer in the Car. He also placed “chilli powder” over the drugs to avoid detection of the drugs.

After entering Singapore via Tuas checkpoint, the accused drove to Kembangan MRT station where one Ho Kok Ming (“Ho”) boarded the Car at 11.40am. The accused then drove the Car along Frankel Road and East Coast Road and stopped at Still Road South. At about 12.15pm, the accused passed a brown paper bag to Ho in the Car, containing five drug bundles wrapped in black tape. Ho paid for the drugs, alighted from the Car, and was arrested shortly after.

After Ho alighted from the Car, a party of CNB officers tailed the accused and followed him into the basement two car park of Jurong Point Shopping Centre. The accused parked and alighted from the Car at about 1.00pm and was arrested thereafter.

Investigations revealed that prior to the drug transaction between the accused and Ho, the accused had communicated with a man whose identity was ascertained to be one Mohamed Jabbarul Khusna Bin Mohamed (“Jabbarul”), where Jabbarul had relayed messages pertaining to the drug transaction that eventually occurred on 17 November 2015 at about 12.15pm. Prior to the transaction on 17 November 2015, the accused had delivered drugs to Ho on two other occasions, in exchange for payment of the drugs.

Three packets of granular substance in the drug bundles seized on 17 November 2015 were sent for analysis by the Health Sciences Authority, which certified the following: One packet containing not less than 442.6 grams of granular/powder substance which was analysed and found to contain not less than 14.41 grams of diamorphine; One packet containing not less than 450.3 grams of granular/powder substance which was analysed and found to contain not less than 14.71 grams of diamorphine; and One packet not less than 441.5 grams of granular/powder substance which was analysed and found to contain containing not less than 14.15 grams of diamorphine.

The accused had therefore delivered to Ho three packets containing not less than 1334.4 grams of granular/powdery substance, which was analysed and found to contain not less than 43.27 grams of diamorphine. Investigations revealed that the accused knew that the three packets contained diamorphine and had intended to pass the diamorphine to Ho on 17 November 2015.

Prosecution exercised discretion and proceeded with the charge of trafficking of not less than 14.99 grams of diamorphine. The accused was not authorised under the MDA or the regulations made thereunder to traffic in diamorphine, a Class A controlled drug listed in the First Schedule to the MDA.

Antecedents

The accused is untraced.

Prosecution’s submissions on sentencing

Prosecution sought an imprisonment term of 26 years and 15 strokes of the cane in respect of the proceeded charge.

Prosecution referred to the sentencing framework established in Vasentha d/o Joseph v Public Prosecutor [2015] 5 SLR 122 (“Vasentha”) for offenders convicted of trafficking in diamorphine in quantities of up to 9.99grams: The quantity of diamorphine would provide a good starting point as it “reflects the degree of harm to the society and is a reliable indicator of the seriousness of the offence” (Vasentha at [44(a)]); After the indicative starting point had been identified, the sentencing judge should then calibrate the sentence upwards or downwards based on: (i) the offender’s culpability, and (ii) the relevant aggravating or mitigating factors (Vasentha at [44(b)]); and Where appropriate, the sentencing judge may backdate the sentence or give a discount in sentence after taking into...