PP v Abdul Salam: Trafficking, Misuse of Drugs Act, Common Intention
In Public Prosecutor v Abdul Salam bin Musthafa and Others, the High Court of Singapore heard charges against Abdul Salam, Suboh bin Ramli, and Wong Kok Loong for drug trafficking under the Misuse of Drugs Act. Abdul Salam and Suboh were charged with possessing diamorphine for trafficking, while Wong was charged with delivering the drugs. The court acquitted Abdul Salam but convicted Suboh and Wong, amending the charges to reflect their individual roles.
1. Case Overview
1.1 Court
High Court1.2 Outcome
First accused acquitted and discharged. Second and third accused convicted.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving drug trafficking charges under the Misuse of Drugs Act. Accusations of common intention are central.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial Success | Partial | Hay Hung Chun, Raymond Fong |
| Abdul Salam bin Musthafa | Defendant | Individual | Acquitted and Discharged | Won | N K Rajah, Juana Saiful B Manis |
| Suboh bin Ramli | Defendant | Individual | Convicted | Lost | Luke Lee, Johan Ismail |
| Wong Kok Loong | Defendant | Individual | Convicted | Lost | Palakrishnan, Thrumurgan, Tan Tee Giam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hay Hung Chun | Attorney-General's Chambers |
| Raymond Fong | Attorney-General's Chambers |
| N K Rajah | Independent Practitioner |
| Juana Saiful B Manis | Independent Practitioner |
| Luke Lee | Independent Practitioner |
| Johan Ismail | Independent Practitioner |
| Palakrishnan | Independent Practitioner |
| Thrumurgan | Independent Practitioner |
| Tan Tee Giam | Independent Practitioner |
4. Facts
- Abdul Salam and Suboh were arrested at Block 489 Jurong West Ave 1 #03-37.
- Wong Kok Loong was arrested at the traffic light junction of Upper Thomson Road and Marymount Lane.
- 165.67 grams of diamorphine were found in a blue plastic bag behind a cupboard in the flat.
- Suboh had 10 sachets of heroin in his pockets when arrested.
- Abdul Salam tested positive for heroin.
- The flat where the drugs were found belonged to Hazlie Bin Bolwahab and Sarimah Binte Rahmat.
- Hazafi Bin Dolwahab confessed that he gave the flat keys to Suboh.
5. Formal Citations
- Public Prosecutor v Abdul Salam bin Musthafa and Others, CC 39/2000, [2000] SGHC 184
6. Timeline
| Date | Event |
|---|---|
| Accused persons committed the offence | |
| Abdul Salam, Suboh bin Ramli, and Wong Kok Loong were arrested | |
| Statements recorded from the 3rd accused | |
| Statements recorded from the 3rd accused | |
| Statements recorded from Suboh Bin Ramli | |
| Statements recorded from Abdul Salam Bin Musthafa | |
| Judgment delivered |
7. Legal Issues
- Drug Trafficking
- Outcome: Suboh bin Ramli and Wong Kok Loong were convicted of drug trafficking.
- Category: Substantive
- Common Intention
- Outcome: The court found that the prosecution had not proved beyond a reasonable doubt that Abdul Salam had a common intention to traffic in the said drugs together with Suboh.
- Category: Substantive
- Voluntariness of Statements
- Outcome: The court ruled that the oral statements of the first accused were admissible, but did not allow the second accused’s oral statements recorded by SI Ronnie See to be admitted into evidence. The Section 121 (1) statements of the 3rd accused were admitted into evidence.
- Category: Procedural
- Related Cases:
- [1993] 1 SLR 512
- [1988] 3 MLJ 264
8. Remedies Sought
- Conviction
- Imprisonment
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 |
|---|---|---|---|---|---|
| Public Prosecutor v Mazlan bin Maidun & Anor | N/A | Yes | [1993] 1 SLR 512 | Singapore | Cited regarding the voluntariness of statements and misrepresentation of legal effect of section 121 (2) of the CPC. |
| Public Prosecutor v Tan Ho Teck | N/A | Yes | [1988] 3 MLJ 264 | N/A | Cited regarding the voluntariness of statements and misrepresentation of legal effect of section 121 (2) of the CPC. |
| Chan Kim Choi v Public Prosecutor | N/A | Yes | [1991] SLR 34 | Singapore | Cited regarding the approach to be taken when considering a mixed statement. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Chapter 185 | Singapore |
| section 5(1)(a) read with section 5(2) of the Misuse of Drugs Act, Chapter 185 | Singapore |
| section 33 of the Misuse of Drugs Act, Chapter 185 | Singapore |
| Penal Code, Chapter 224 | Singapore |
| section 34 of the Penal Code, Chapter 224 | Singapore |
| Criminal Procedure Code | Singapore |
| section 122(6) CPC | Singapore |
| section 121 CPC | Singapore |
| S 17 of the Misuse of Drugs Act Cap 185 | Singapore |
| section 196(2) of the Criminal Procedure Code (Cap 78) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Common Intention
- Possession
- Delivery
- Surveillance
- CNB
- Section 121 statement
- Section 122(6) statement
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Misuse of Drugs Act
- Common Intention
16. Subjects
- Criminal Law
- Drug Offences
- Trafficking
17. Areas of Law
- Criminal Law
- Drug Trafficking
- Misuse of Drugs Act