A Steven s/o Paul Raj v Public Prosecutor

[2023] SGCA 9 Court of Appeal 28 February 2023 CA/CM 26/2022
15 cases cited Cited by 2 cases

Key facts

Court Court of Appeal
Decided
Judge Steven Chong
Charges / claim Criminal Law, Criminal Procedure and Sentencing
Counsel ARShanker Law Chambers, Attorney-General's Chambers, A Revi Shanker s/o K Annamalai, Lee Zu Zhao, Rimplejit Kaur, Teo Siu Ming

Source: [2023] SGCA 9, Court of Appeal, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (6)

Parties (2)

Public Prosecutor Respondent
A Steven s/o Paul Raj Applicant

Case Significance

A Steven s/o Paul Raj v Public Prosecutor [2023] SGCA 9 is a Court of Appeal decision in Criminal Motion No 26 of 2022, with Steven Chong JCA delivering the judgment reserved on 28 February 2023. The applicant sought permission under s 394H(1) of the Criminal Procedure Code 2010 to make a review application in respect of the Court of Appeal's earlier judgment in CA/CCA 24/2021, reported at [2022] 2 SLR 538. The application was premised on the "Apportionment Argument" — that in a drug-trafficking case where the accused ran a total-consumption defence, the court should apportion and deduct a quantity meant for his own consumption even after rejecting that defence, an issue arising under the Misuse of Drugs Act.

What was A Steven s/o Paul Raj v Public Prosecutor [2023] SGCA 9 about?

In Criminal Motion No 26 of 2022, A Steven s/o Paul Raj applied under s 394H(1) of the Criminal Procedure Code for permission to review the Court of Appeal's earlier judgment in CA/CCA 24/2021 ([2022] 2 SLR 538), relying on an "Apportionment Argument" about drug quantities.

What is the Apportionment Argument in A Steven s/o Paul Raj ([2023] SGCA 9)?

The Apportionment Argument contended that where a drug-trafficking accused runs a total-consumption defence, the court should apportion and deduct the quantity meant for his own consumption even after rejecting that defence. Steven Chong JCA used the case to examine that Misuse of Drugs Act issue.

Statutes Cited

Cases Cited (15)

SG (3)
[2005] SGCA 11 [2009] SGHC 202 [2021] SGHC 218
SLR (12)
[1994] 3 SLR(R) 992 [1995] 3 SLR(R) 514 [1996] 2 SLR(R) 706 [1997] 2 SLR(R) 547 [2015] 1 SLR 834 [2016] 3 SLR 135 [2017] 1 SLR 427 [2020] 2 SLR 1175 [2021] 2 SLR 860 [2022] 1 SLR 1451 [2022] 1 SLR 452 [2022] 2 SLR 538

Cited By (2)

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Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGCA 9)