Azman bin Ismail v Public Prosecutor: Trafficking of Diamorphine and Common Intention
Azman bin Ismail, Ruzaini bin Ajis, and Mohamed Isnin bin Saleh appealed to the Court of Appeal of Singapore on 14 October 2002, against their conviction for trafficking 112.91 grams of diamorphine. The High Court had imposed the mandatory death sentence. The Court of Appeal dismissed their appeals, finding sufficient evidence to prove their possession of the drugs and their common intention to traffic them. The case involved a criminal charge of drug trafficking.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeals Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Azman bin Ismail, Ruzaini bin Ajis, and Mohamed Isnin bin Saleh were convicted of trafficking diamorphine. The Court of Appeal dismissed their appeals, finding sufficient evidence of possession and common intention.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Jaswant Singh of Deputy Public Prosecutor |
| Azman bin Ismail | Appellant | Individual | Appeal Dismissed | Lost | |
| Ruzaini bin Ajis | Appellant | Individual | Appeal Dismissed | Lost | |
| Mohamed Isnin bin Saleh | Appellant | Individual | Appeal Dismissed | Lost | Ram Goswani of Ram Goswani |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | No |
| Tan Lee Meng | Judge | No |
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jaswant Singh | Deputy Public Prosecutor |
| Ong Cheong Wei | Ong Cheong Wei & Co |
| Ahmad Nizam | Muzammil Nizam & Partners |
| James Masih | James Masih & Co |
| Ramli Salehkon | Ramli & Co |
| Boon Khoon Lim | Dora Boon & Co |
| Ram Goswani | Ram Goswani |
4. Facts
- Appellants were convicted of trafficking 112.91 grams of diamorphine.
- Drugs were hidden in the false ceiling of an apartment.
- Azman was found with keys to the apartment and 30 packets of heroin.
- Ruzaini arranged for the rental of the apartment.
- Isnin's fingerprints were found on the false ceiling where drugs were hidden.
- Isnin admitted to packing drugs in the apartment on previous occasions.
- Appellants claimed to be acting on instructions of someone named 'Brother'.
5. Formal Citations
- Azman bin Ismail and Others v Public Prosecutor, Cr App 7/2002, Cr App 7/2002
6. Timeline
| Date | Event |
|---|---|
| CNB officers conducted surveillance on an apartment | |
| Azman entered the Cascadale apartment | |
| Azman left the Cascadale apartment | |
| Azman received a bag at Kranji MRT station | |
| Azman was arrested | |
| Ruzaini was arrested | |
| Isnin was arrested | |
| Isnin gave a statement to CNB officers | |
| Isnin gave another statement to CNB officers | |
| Appeals dismissed |
7. Legal Issues
- Possession of Drugs for Trafficking
- Outcome: The court found sufficient evidence to prove that the appellants were in possession of the drugs for the purpose of trafficking.
- Category: Substantive
- Common Intention to Traffic Drugs
- Outcome: The court found sufficient evidence to prove the appellants' common intention to traffic the drugs.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction and sentence
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 |
|---|---|---|---|---|---|
| Lim Ah Poh v Public Prosecutor | Unknown | Yes | [1992] 1 SLR 713 | Singapore | Cited regarding appellate court's deference to trial judge's findings of fact. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Common Intention
- Possession
- False Ceiling
- Apartment
- CNB
- Cascadale
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Appeal
- Possession
- Common Intention
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Drug Trafficking | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 60 |
| Evidence Law | 50 |
| Theft | 30 |
16. Subjects
- Criminal Law
- Drug Offences