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Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126
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[2015] SGHC 126
General Division of the High Court of Singapore8 May 2015Criminal Case No 19 of 2015
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“ffence” (emphasis added), and to the cases of Public Prosecutor v Abdul Haleem bin Abdul Karim and another [2013] 3 SLR 734 (“Abdul Haleem”) and Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126 (“Christeen d/o Jayamany”).”
“nt in the offence” [emphasis added]. At the end of the day, the determination of whether an offender is a courier necessarily involves a fact-specific inquiry: PP v Christeen d/o Jayamany and another [2015] SGHC 126 at [68].”
“sue of whether an offender was a mere courier under s 33B(2)(a) was distinct from whether he had rendered substantive assistance to the CNB: see Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126 (“Christeen”) at [46].”
“een cited in a number of decisions of the High Court (see Public Prosecutor v Azahari bin Ahmad and another [2016] SGHC 101 (“Azahari”) at [34], Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126 (“Christeen”) at [68] and Public Prosecutor v Suhaimi bin Said [2017] SGHC 86 (“Suhaimi”) at [23]).”
“cision-making powers which the accused has; and (e) whether the accused receives a distinct form of benefit for performing his extra functions. (Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126 at [68]).”
“Both the requirements in s 33B(2)(a) and s 33B(2)(b) must be satisfied in order for an accused to be eligible to be sentenced under s 33B(1)(a) of the MDA (PP v Christeen d/o Jayamany and another [2015] SGHC 126 (“Christeen”) at [46]).”
“Particular reliance was placed by defence counsel on Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126 (“Christeen”), where Tay Yong Kwang J (as Tay JA then was) distilled the following factors which inform the analysis of whether an accused was a mere “courier” (at [68]):”
“The facts relating to the Applicant’s case were summarised by the trial judge (“the Trial Judge”) at [2]–[17] of Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126 (“Datchinamurthy (HC)”).”
“nt was not found by the trial judge to have been acting as a mere courier, he was sentenced to the mandatory death penalty on 15 April 2015 (see Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126 at [88]). His appeal against conviction and sentence was dismissed on 5 February 2016. On 3 February 202”
“death sentence after being convicted of trafficking in a quantity of drugs exceeding the threshold for the imposition of capital punishment: see Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126. Gobi and Datchinamurthy sought (amongst other orders) a prohibitory order to stay their executions in t”
“015, Datchinamurthy was convicted of trafficking in diamorphine under s 5(1)(a) of the MDA and was sentenced to the mandatory death penalty (see Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126 at [44] and [88]). His conviction was upheld by the Court of Appeal in CA/CCA 8/2015 (“CCA 8”) on 5 Febr”
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Public Prosecutor v Christeen d/o Jayamany and another [2015] SGHC 126
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Case No: Criminal Case No 19 of 2015
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Court: General Division of the High Court of Singapore
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Decision Date: 2015-05-08
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