The doctrine of wilful blindness in drug offences: Adili Chibuike Ejike v Public Prosecutor [2019] 2 SLR 254

Author

Rennie WHANG, Singapore Management UniversityFollow

Publication Type

Case note/Digest

Version

publishedVersion

Publication Date

3-2020

Abstract

In Adili Chibuike Ejike v Public Prosecutor [2019] 2 SLR 254, the Court of Appeal clarified the operation of the wilful blindness doctrine in the context of knowing possession for drug offences. In particular, it affirmed wilful blindness as a doctrine of substantive rather than evidential law, which applies as a limited extension to the legal requirement of actual knowledge. The court then articulated a three-part test for the finding of wilful blindness in relation to knowledge as an ingredient of possession. However, it left open the content of the doctrine as applied to the element of knowledge in drug offences. This note agrees with the characterisation of the doctrine, proposes a reformulation of the three-part test, and analyses the operation of the doctrine in rebutting the presumption of knowledge under s 18(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed).

Keywords

Misuse of Drugs Act, presumption of knowledge, courts, Singapore

Discipline

Asian Studies | Courts | Food and Drug Law

Publication

Singapore Academy of Law Journal

Volume

32

First Page

305

Last Page

323

ISSN

0218-2009

Publisher

Singapore Academy of Law

Embargo Period

6-8-2021

Citation

WHANG, Rennie. The doctrine of wilful blindness in drug offences: Adili Chibuike Ejike v Public Prosecutor [2019] 2 SLR 254. (2020). Singapore Academy of Law Journal. 32, 305-323.
Available at: https://ink.library.smu.edu.sg/sol_research/3272

Copyright Owner and License

Authors

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.

Additional URL

https://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal/e-Archive