Khalid bin Abdul Rashid v Public Prosecutor: Drug Trafficking - Misuse of Drugs Act
In Khalid bin Abdul Rashid v Public Prosecutor, the Court of Appeal of Singapore dismissed Khalid bin Abdul Rashid's appeal against his conviction and sentence for drug trafficking under the Misuse of Drugs Act. The High Court had found Khalid guilty of possessing not less than 21.37g of diamorphine for the purpose of trafficking. The Court of Appeal upheld the High Court's decision, finding that Khalid failed to rebut the presumption that he possessed the drugs for trafficking.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Khalid bin Abdul Rashid was convicted of drug trafficking under the Misuse of Drugs Act. The Court of Appeal dismissed his appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal dismissed | Won | Bala Reddy of Deputy Public Prosecutors Toh Yung Cheong of Deputy Public Prosecutors |
| Khalid bin Abdul Rashid | Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
| MPH Rubin | Judge of Appeal | No |
| L P Thean | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bala Reddy | Deputy Public Prosecutors |
| Toh Yung Cheong | Deputy Public Prosecutors |
| Tan Teow Yeow | Tan Teow Yeow & Co |
| Juana Saifful Manis | A R Saleh & Saifful |
4. Facts
- Appellant was arrested on 14 March 2000 by CNB officers.
- 21.37g of diamorphine was found in a bag in the appellant's sister's flat.
- Appellant admitted to collecting the drugs from his supplier.
- Appellant claimed he was a heroin addict and intended to consume some of the drugs.
- Trial judge found the appellant to be a heroin addict.
- Trial judge rejected the appellant's defense that part of the drugs was for personal consumption.
- Appellant was unemployed at the time of his arrest.
5. Formal Citations
- Khalid bin Abdul Rashid v Public Prosecutor, Cr App 17/2000, CC 53/2000, [2000] SGCA 64
6. Timeline
| Date | Event |
|---|---|
| Appellant arrested by CNB officers | |
| Drugs found in appellant's sister's flat | |
| Appeal dismissed |
7. Legal Issues
- Drug Trafficking
- Outcome: The court upheld the conviction for drug trafficking, finding that the appellant failed to rebut the presumption that he possessed the drugs for the purpose of trafficking.
- Category: Substantive
- Related Cases:
- [1999] 3 SLR 175
- [1999] 4 SLR 705
- [1996] 3 SLR 29
- [1997] 3 SLR 564
- [1996] 1 SLR 783
- [1995] 1 SLR 634
- [1997] 3 SLR 565
- Rebuttal of Statutory Presumption
- Outcome: The court found that the appellant failed to rebut the statutory presumption under s 17 of the Misuse of Drugs Act that he possessed the drugs for the purpose of trafficking.
- Category: Substantive
- Related Cases:
- [1999] 3 SLR 175
- [1999] 4 SLR 705
- [1996] 3 SLR 29
- [1997] 3 SLR 564
8. Remedies Sought
- Appeal against conviction and sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Aziz bin Abdul Kadir v Public Prosecutor | Court of Appeal | Yes | [1999] 3 SLR 175 | Singapore | Cited for the principle that the burden is on the accused to rebut the presumption of trafficking by establishing on the balance of probabilities that the drugs were not for trafficking but for his own consumption. |
| Chia Song Heng v Public Prosecutor | Court of Appeal | Yes | [1999] 4 SLR 705 | Singapore | Cited for the principle that the burden is on the accused to rebut the presumption of trafficking by establishing on the balance of probabilities that the drugs were not for trafficking but for his own consumption. |
| Jusri bin Mohamed Hussain v Public Prosecutor | Court of Appeal | Yes | [1996] 3 SLR 29 | Singapore | Cited for the principle that to rebut the presumption of trafficking, an accused must adduce credible evidence to show that part of the offending substance was intended for self-consumption and satisfy the trial court of the rates of his consumption. |
| Fung Choon Kay v Public Prosecutor | Court of Appeal | Yes | [1997] 3 SLR 564 | Singapore | Cited for the principle that to rebut the presumption of trafficking, an accused must adduce credible evidence to show that part of the offending substance was intended for self-consumption and satisfy the trial court of the rates of his consumption. |
| Public Prosecutor v Dahalan bin Ladaewa | High Court | Yes | [1996] 1 SLR 783 | Singapore | Cited for the principle that a factor which would weigh in the mind of the court is the financial means or the ability of the accused to pay for the drugs. |
| Goh Soon Huat v Public Prosecutor | Court of Appeal | Yes | [1995] 1 SLR 634 | Singapore | Cited regarding the omission to state material particulars in the accused's statement. |
| Opium Farm v Chin Ah Quee | N/A | Yes | 4 SLJ 33 | N/A | Cited for the principle that an appellate court would generally be slow to disturb the findings of the trial court. |
| Chia Han Kiat v R | N/A | Yes | [1937] MLJ 261 | N/A | Cited for the principle that an appellate court would generally be slow to disturb the findings of the trial court. |
| Goh Ah San v R | N/A | Yes | [1938] MLJ 95 | N/A | Cited for the principle that an appellate court would generally be slow to disturb the findings of the trial court. |
| In re AB Ltd | N/A | Yes | [1956] MLJ 197 | N/A | Cited for the principle that an appellate court would generally be slow to disturb the findings of the trial court. |
| Tan Choon Huat v PP | N/A | Yes | [1991] 1 SLR 805 | N/A | Cited for the principle that an appellate court would generally be slow to disturb the findings of the trial court. |
| Tan Hung Yeoh v PP | N/A | Yes | [1999] 3 SLR 93 | N/A | Cited for the principle that an appellate court would generally be slow to disturb the findings of the trial court. |
| Chng Gim Huat v PP | N/A | Yes | [2000] 3 SLR 262 | N/A | Cited for the principle that an appellate court would generally be slow to disturb the findings of the trial court. |
| Fung Choon Kay v Public Prosecutor | Court of Appeal | Yes | [1997] 3 SLR 565 | Singapore | Cited for the principle that the fact that the appellant was an addict lent support to the appellant’s defence of consumption, that fact by itself was not conclusive. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185) s 33 | Singapore |
| Misuse of Drugs Act (Cap 185) s 17 | Singapore |
| Criminal Procedure Code (Cap 68) s 122(6) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug trafficking
- Misuse of Drugs Act
- Statutory presumption
- Rebuttal
- Heroin addict
- Possession
- CNB
- Trafficking
15.2 Keywords
- drug trafficking
- diamorphine
- misuse of drugs act
- singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Drug Trafficking | 80 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Evidence | 40 |
| Sentencing | 30 |
16. Subjects
- Criminal Law
- Drug Offences