Jingga bin Md Selamat v Public Prosecutor: Trafficking of Diamorphine and Knowledge of Drug Possession

Jingga bin Md Selamat appealed to the Court of Appeal of Singapore against his conviction in the High Court for trafficking in 78.04 grams of diamorphine. The prosecution argued that Jingga possessed the drugs for the purpose of trafficking, an offense under the Misuse of Drugs Act. Jingga claimed he was unaware of the drugs' contents when he took possession. The Court of Appeal dismissed the appeal, affirming the trial judge's finding that Jingga knew the bag contained drugs and possessed them for trafficking purposes.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Jingga bin Md Selamat appeals his conviction for trafficking diamorphine. The Court of Appeal upheld the conviction, finding he possessed the drugs with knowledge.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyJudgment UpheldWon
Kan Shuk Weng of Attorney-General’s Chambers
Loh Kuan Wui, Adriel of Attorney-General’s Chambers
Jingga bin Md Selamat alias Kwan Ah ChiamAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJudge of AppealYes
Lai Kew ChaiJudgeNo
L P TheanJudge of AppealNo

4. Counsels

Counsel NameOrganization
Kan Shuk WengAttorney-General’s Chambers
Loh Kuan Wui, AdrielAttorney-General’s Chambers
Sadari MusariN Ganesan & Partners
Nadesan GanesanN Ganesan & Partners

4. Facts

  1. Appellant was found in possession of 78.04 grams of diamorphine.
  2. The drugs were found in a grey plastic box under the bed in the flat.
  3. Appellant initially stated the drugs were heroin and he was keeping them for a friend.
  4. Appellant and his wife were drug addicts.
  5. Appellant claimed he did not know the bag contained drugs when he took possession of it.
  6. Appellant admitted to throwing drug-related items out of the window.
  7. Appellant's wife testified she found the grey box and saw yellow substances she recognized as drugs.

5. Formal Citations

  1. Jingga bin Md Selamat alias Kwan Ah Chiam v Public Prosecutor, Cr App 20/2000, [2001] SGCA 32

6. Timeline

DateEvent
Appellant trafficked in a controlled drug
Central Narcotics Bureau officers raided the flat
Appellant's wife jointly charged with him for trafficking
Appellant gave a cautioned statement to the Investigation Officer
Appellant gave a statement under s 121 of the Criminal Procedure Code
Appeal was heard and dismissed
Decision Date

7. Legal Issues

  1. Possession of Drugs for Trafficking
    • Outcome: The court held that the appellant was in possession of the drugs for the purpose of trafficking.
    • Category: Substantive
    • Sub-Issues:
      • Knowledge of drug possession
      • Intention to traffic
    • Related Cases:
      • [1995] 2 SLR 349
      • Criminal Appeal No 5/2000
  2. Voluntariness of Statements
    • Outcome: The court ruled that the appellant's statements were made voluntarily and were admissible as evidence.
    • Category: Procedural
    • Sub-Issues:
      • Threats and inducements
      • Accuracy of recorded statements

8. Remedies Sought

  1. Appeal against conviction
  2. Reversal of sentence

9. Cause of Actions

  • Drug Trafficking

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Yuan Kwang & Ors v Public ProsecutorHigh CourtYes[1995] 2 SLR 349SingaporeCited for the principle that intending to return drugs to the owner does not negate possession for the purpose of trafficking.
Lee Lye Hoe v Public ProsecutorN/AYesCriminal Appeal No 5/2000SingaporeCited for the principle that intending to return drugs to the owner does not negate possession for the purpose of trafficking.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
s 5(1)(a) of the Misuse of Drugs ActSingapore
s 5(2) of the Misuse of Drugs ActSingapore
s 33 of the Misuse of Drugs ActSingapore
s 17 of the ActSingapore
s 121 of the Criminal Procedure CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Possession
  • Mens rea
  • Voluntariness
  • Cautioned statement
  • Reasonable doubt

15.2 Keywords

  • Drug trafficking
  • Diamorphine
  • Singapore
  • Criminal appeal
  • Possession of drugs
  • Mens rea

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Drug Trafficking90
Possession of Drugs85
Criminal Law80
Criminal Procedure70
Evidence60

16. Subjects

  • Criminal Law
  • Drug Trafficking