Limits on the Scope of Judicial Review of Administrative Determinations: Lessons from Nagaenthran a/l K Dharmalingam v Public Prosecutor [2019] SGCA 37  

The Second Schedule of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) mandates the death penalty for drug trafficking of certain quantities of drugs. However, since the 2013 amendments, section 33B of the Act now allows the court to sentence a drug courier to life imprisonment instead: (i) when the Public Prosecutor has issued a “certificate of substantive assistance”, or (ii) when the courier suffers from an “abnormality of mind”. In Nagaenthran a/l K Dharmalingam v Public Prosecutor, the Court of Appeal addressed when the Public Prosecutor can be challenged in making his decision whether to issue a certificate of substantive assistance, and when an offender would be found to be suffering from an abnormality of mind.