PP v Jingga bin Md Selamat: Trafficking Diamorphine under Misuse of Drugs Act

In Public Prosecutor v Jingga bin Md Selamat alias Kwan Ah Chiam, the High Court of Singapore convicted Jingga bin Md Selamat for trafficking in not less than 78.04 grams of diamorphine, an offence under Section 5(1)(a) read with Section 5(2), and punishable under Section 33 of the Misuse of Drugs Act. The court found that the prosecution had proven its case beyond a reasonable doubt and imposed the mandatory death sentence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused convicted and imposed with the mandatory death sentence.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Jingga bin Md Selamat was convicted of trafficking diamorphine under the Misuse of Drugs Act. The High Court imposed the mandatory death sentence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Thong Chee Kun of Public Prosecutor
David Khoo of Public Prosecutor
Jingga bin Md Selamat alias Kwan Ah ChiamDefendantIndividualConvictionLost

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Thong Chee KunPublic Prosecutor
David KhooPublic Prosecutor
Spencer GweeSpencer Gwee & Co
Sadari MusariSadari Musari & Partners

4. Facts

  1. Accused was found in possession of not less than 78.04 grams of diamorphine.
  2. Accused was arrested during a raid by the Central Narcotics Bureau.
  3. Drugs were found in a grey plastic box under the bed.
  4. Accused initially claimed he was holding the drugs for a friend.
  5. Accused made a cautioned statement and investigation statements.
  6. Accused's wife testified that she saw Emran with the accused and suspected the contents of the box were drugs.
  7. Accused claimed he did not know the bag contained heroin when he took possession of it.

5. Formal Citations

  1. Public Prosecutor v Jingga bin Md Selamat alias Kwan Ah Chiam, CC 63/2000, [2001] SGHC 10

6. Timeline

DateEvent
Accused arrested at flat
Diamorphine recovered from flat
Accused admitted to Changi Prison Hospital
Accused discharged from Changi Prison Hospital
Cautioned statement recorded
First investigation statement recorded
Judgment delivered

7. Legal Issues

  1. Drug Trafficking
    • Outcome: The court found the accused guilty of drug trafficking.
    • Category: Substantive
    • Related Cases:
      • [1995] 2 SLR 349
      • [1997] 2 SLR 522
      • CCA 5/2000
  2. Voluntariness of Statements
    • Outcome: The court ruled that the cautioned statement and the first investigation statement were voluntary and admissible.
    • Category: Procedural

8. Remedies Sought

  1. Conviction
  2. Mandatory Death 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 PPUnknownYes[1995] 2 SLR 349SingaporeCited to support the principle that culpability attaches even if the accused is merely keeping the drugs for the owner.
Sze Siew Luan v PPUnknownYes[1997] 2 SLR 522SingaporeCited to support the principle that culpability attaches even if the accused is merely keeping the drugs for the owner.
Lee Lye Hoe v PPCourt of AppealYesCCA 5/2000SingaporeCited for the principle that a bailee can be guilty of trafficking even if they only knew of the drugs after receipt and intended to return them.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act, Chapter 185Singapore
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 33Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Drug Trafficking
  • Misuse of Drugs Act
  • Cautioned Statement
  • Investigation Statement
  • Possession
  • Central Narcotics Bureau

15.2 Keywords

  • Drug Trafficking
  • Diamorphine
  • Singapore
  • Criminal Law
  • Misuse of Drugs Act

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Drug Trafficking80
Criminal Law60
Criminal Procedure50
Evidence Law40

16. Subjects

  • Criminal Law
  • Drug Offences