PP v Ali bin Serti: Trafficking of Diamorphine, Misuse of Drugs Act
In Public Prosecutor v Ali bin Serti, the High Court of Singapore convicted Ali bin Serti on two charges of trafficking diamorphine under the Misuse of Drugs Act. The prosecution presented evidence that Ali bin Serti possessed diamorphine for the purpose of trafficking, which was found in a lorry and his residence. The court rejected the defense's argument that the primary purpose of possession was repackaging, holding that the intention to deliver the drugs constituted trafficking. The court found him guilty on both charges.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty in respect of each charge and convicted him accordingly and sentenced him according to law.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Ali bin Serti was convicted of trafficking diamorphine under the Misuse of Drugs Act. The court found his possession was for the purpose of trafficking, rejecting his defense.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Christina Koh of Attorney-General’s Chambers James Lee of Attorney-General’s Chambers |
| Ali bin Serti | Defendant | Individual | Guilty | Lost | Ramli Salekhon of AC Sheik Mustafa of AC |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Amarjeet Singh | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christina Koh | Attorney-General’s Chambers |
| James Lee | Attorney-General’s Chambers |
| Ramli Salekhon | AC |
| Sheik Mustafa | AC |
4. Facts
- Accused was found in possession of 81 sachets containing not less than 24.47 grams of diamorphine in a lorry.
- Accused was found in possession of 2 packets and 12 sachets containing not less than 77.40 grams of diamorphine in his bedroom.
- Accused admitted the drugs belonged to him and he was to repackage them for 'Ah Mike'.
- Drug-related paraphernalia, including empty sachets and a weighing scale, were found in the accused's flat.
- Accused admitted he was to return the repackaged drugs to Ah Mike for S$1000.
- The Accused elected to remain silent during the trial.
5. Formal Citations
- Public Prosecutor v Ali bin Serti, CC 70/2000, [2000] SGHC 251
6. Timeline
| Date | Event |
|---|---|
| Accused seen carrying a brown paper bag by CNB officers. | |
| Lorry intercepted by CNB officers along Kallang Bahru. | |
| Accused arrested by CNB officers. | |
| White plastic bag recovered from Accused’s bedroom. | |
| Contemporaneous Statement recorded by Insp Herman. | |
| Cautioned Statement concerning the 1st Charge recorded by the Investigating Officer. | |
| 2nd Cautioned Statement concerning the 2nd Charge recorded by the Investigating Officer. | |
| Long Statement recorded by the Investigating Officer. | |
| Further Long Statement recorded by the Investigating Officer. | |
| Further Long Statement recorded by the Investigating Officer. | |
| Decision Date |
7. Legal Issues
- Trafficking of Controlled Drugs
- Outcome: The court held that the accused's possession of diamorphine for the purpose of repackaging and returning it to the supplier constituted trafficking under the Misuse of Drugs Act.
- Category: Substantive
- Sub-Issues:
- Possession for the purpose of trafficking
- Repackaging of drugs as trafficking
- Related Cases:
- [1997] 2SLR 522
- [1995] 2SLR 349
- Presumption of Trafficking
- Outcome: The court found that the presumption of trafficking applied because the accused possessed more than 2 grams of diamorphine and failed to rebut the presumption.
- Category: Substantive
- Sub-Issues:
- Possession of more than 2 grams of diamorphine
- Rebuttal of presumption
8. Remedies Sought
- Conviction
- Sentencing according to law
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 |
|---|---|---|---|---|---|
| Sze Siew Luan v P P | High Court | Yes | [1997] 2SLR 522 | Singapore | Cited to support the principle that possession of drugs for the purpose of returning them to the owner is possession for the purpose of trafficking. |
| Lee Yuan Kwang & Ors v P P | Court of Appeal | Yes | [1995] 2SLR 349 | Singapore | Cited to support the principle that returning drugs to the owner constitutes trafficking. |
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 | Singapore |
| section 33 of the Misuse of Drugs Act | Singapore |
| S16 of the Misuse of Drugs Act | Singapore |
| s 5(2) of the MDA | Singapore |
| Chapter S 17 (s) of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68) | Singapore |
| s 196(2)(a) of the Criminal Procedure Code (Cap 68) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- Repackaging
- Possession
- Ah Mike
- CNB
- Sachets
- Presumption of trafficking
15.2 Keywords
- Drug trafficking
- Diamorphine
- Singapore
- Misuse of Drugs Act
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 80 |
| Offences | 70 |
| Criminal Procedure | 60 |
| Theft | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking