Ali bin Serti v Public Prosecutor: Trafficking of Diamorphine under the Misuse of Drugs Act
Ali bin Serti appealed to the Court of Appeal of Singapore against his conviction in the High Court for two charges of trafficking diamorphine under the Misuse of Drugs Act. The charges stemmed from the possession of diamorphine in a lorry and at his residence. The Court of Appeal, comprising Chief Justice Yong Pung How, Justice of Appeal L P Thean, and Justice of Appeal Chao Hick Tin, dismissed the appeal, upholding the conviction and the mandated death sentence.
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
Ali bin Serti was convicted of drug trafficking under the Misuse of Drugs Act for possessing diamorphine. The Court of Appeal upheld the conviction and death sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment Upheld | Won | Jennifer Marie of Deputy Public Prosecutor |
| Ali bin Serti | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | No |
| L P Thean | Judge of Appeal | No |
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jennifer Marie | Deputy Public Prosecutor |
| S H Almenoar | Tan Rajah & Cheah |
| Rabi Ahmad s/o M Ab Ravoof | Tan Rajah & Cheah |
4. Facts
- The Appellant was found in possession of 81 sachets of diamorphine in a lorry.
- The Appellant was found in possession of 2 packets and 12 sachets of diamorphine in his bedroom.
- The total amount of diamorphine exceeded the statutory amount required to activate the presumption of trafficking.
- The Appellant admitted to repacking heroin for a Chinese man known as 'Ah Mike'.
- The Appellant claimed he was only holding the drugs to repack them.
- The Appellant was observed leaving his flat with a brown paper bag.
5. Formal Citations
- Ali bin Serti v Public Prosecutor, CA 25/2000, [2001] SGCA 15
6. Timeline
| Date | Event |
|---|---|
| Appellant trafficked drugs in a lorry along Kallang Bahru. | |
| Appellant trafficked drugs in his bedroom at Blk 6 Jalan Minyak. | |
| Appellant arrested by CNB officers. | |
| Appeal dismissed. |
7. Legal Issues
- Possession of Controlled Drugs for the Purpose of Trafficking
- Outcome: The court held that the appellant's intention to repack the drugs did not negate the presumption that he possessed them for the purpose of trafficking.
- Category: Substantive
- Sub-Issues:
- Rebuttal of statutory presumption
- Definition of trafficking
- Related Cases:
- [1995] 2 SLR 249
- [1995] 1 SLR 274
- [1997] 2 SLR 522
- [1995] 1 SLR 417
8. Remedies Sought
- Appeal against conviction and sentence
9. Cause of Actions
- Trafficking in a Controlled Drug
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lee Yuan Kwang & Ors v PP | Court of Appeal | Yes | [1995] 2 SLR 249 | Singapore | Cited for the principle that possession of drugs with the intention of returning them to their rightful owner still amounts to possession for the purpose of trafficking. |
| Goh Hock Huat v PP | Unknown | Yes | [1995] 1 SLR 274 | Singapore | Cited as support for the principle that possession as a bailee or custodian of drugs still amounts to possession for the purpose of trafficking. |
| Sze Siew Luan v PP | Unknown | Yes | [1997] 2 SLR 522 | Singapore | Cited as support for the principle that possession as a bailee or custodian of drugs still amounts to possession for the purpose of trafficking. |
| PP v Wan Yue Kong & Ors | Unknown | Yes | [1995] 1 SLR 417 | Singapore | Distinguished from the present case as it involved a prosecution under the law prior to the 1993 amendment to the Misuse of Drugs Act. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act, Chapter 185, section 5(1)(a) | Singapore |
| Misuse of Drugs Act, Chapter 185, section 5(2) | Singapore |
| Misuse of Drugs Act, Chapter 185, section 33 | Singapore |
| Misuse of Drugs Act, section 17 | Singapore |
| Misuse of Drugs Act, section 2 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Possession for the purpose of trafficking
- Rebuttable presumption
- Misuse of Drugs Act
- CNB
- Repacking
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 |
| Criminal Law | 60 |
| Criminal Procedure | 40 |
| Evidence | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking