Misuse of Drugs Act

Updated: Dec 9, 2018

Trafficking (section 5(1)(a) read with section 5(2) of the Misuse of Drugs Act)



Soh Qiu Xia Katty v Public Prosecutor [2018] SGHC 260


Facts:


Katty was sentenced to 21 years imprisonment for one court of trafficking not less than 9.98 g of diamorphine for the purpose of trafficking, an offence under section 5(1)(a) read with section 5(2) of the Misuse of Drugs Act. On appeal, Justice Chan Seng Onn allowed the appeal and reduced her sentence to 15 years 6 months. Chan J disagreed with the Prosecution that deterrence should be the dominant sentencing consideration and instead agreed with the Appellant’s argument that rehabilitation is the dominant sentencing consideration. Chan J further stated that the length of the Appellant’s sentence should allow her enough time to get up and see the dawn of a new day, rather than for her to get up just in time to see the sun set on her.


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