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Singapore
misuse of drugs actmistake of factcommon intention
Public Prosecutor v Mas Swan bin Adnan
[2012] 3 SLR 527; [2012] SGCA 29
Key Principle
For a charge of importing/trafficking a controlled drug under the Misuse of Drugs Act, the accused must intend to deal in and know the nature of the actual drug in question; a genuine mistaken belief that the bundles contained a different (and lesser) controlled drug negatives the mens rea for the more serious drug, and the court must consider any alternative defence reasonably available on the evidence even if inconsistent with the accused's primary case.
Area of Law
criminal
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