The impossibility defence: Supreme Court case summary: Han Fang Guan v Public Prosecutor

• Main Author: LEE, Kwang Chian
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2021
• Subjects: Asian Studies; Courts; Food and Drug Law
• Online Access: https://ink.library.smu.edu.sg/sljlexicon/4; https://ink.library.smu.edu.sg/context/sljlexicon/article/1005/viewcontent/impossibility.pdf
• Institution: Singapore Management University

In Han Fang Guan v Public Prosecutor [2020] SGCA 11, the Court of Appeal (“CA”) clarified the law regarding “impossible attempts”, which are attempts to commit an offence that could not possibly have been consummated in the circumstances. The accused Han Fang Guan (“Han”) was charged with the capital charge of attempting to possess one bundle containing not less than 18.62g of diamorphine (also known as heroin) for the purpose of drug trafficking, an offence under section 5(1)(a) read with section 5(2) and section 12 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”).