Rusli Bin Sembayang v Public Prosecutor: Trafficking of Cannabis and Retracted Confession
In Rusli Bin Sembayang v Public Prosecutor, the Court of Appeal of Singapore heard an appeal against Rusli's conviction for trafficking in cannabis. Rusli claimed the drugs belonged to a fictitious person named Ahmad. The court found Rusli's account unconvincing, upheld the trial judge's decision, and dismissed the appeal, concluding that Rusli failed to rebut the presumption that his possession of cannabis was for trafficking purposes.
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
Rusli Bin Sembayang was convicted of trafficking cannabis. The Court of Appeal upheld the conviction, finding his defense of a fictitious drug owner unconvincing.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Lim Yew Jin of DPPs Tan Wee Soon of DPPs |
| Rusli Bin Sembayang | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
| Chao Hick Tin | Justice of the Court of Appeal | No |
| Judith Prakash | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Yew Jin | DPPs |
| Tan Wee Soon | DPPs |
| Amolat Singh | Amolat & Partners |
| Lim Swee Tee | Lim Swee Tee & Co. |
4. Facts
- Rusli was charged with trafficking 1100.2 grams of cannabis.
- Police officers saw Rusli climbing down the side of his block.
- A white plastic bag containing drugs was found at the ground floor of Rusli’s block.
- Rusli claimed the drugs belonged to a friend named ‘Ahmad’.
- Rusli retracted incriminating portions of his earlier statements during the trial.
- Rusli admitted that the cannabis found below was his.
5. Formal Citations
- Rusli Bin Sembayang v Public Prosecutor, Cr App 16/2002, [2003] SGCA 11
6. Timeline
| Date | Event |
|---|---|
| Accused committed the offence of trafficking in a controlled drug. | |
| Police and Central Narcotics Bureau officers arrived at Rusli’s flat. | |
| Rusli was apprehended at Geylang Serai. | |
| Rusli's statement recorded. | |
| Rusli's statement recorded. | |
| Decision Date |
7. Legal Issues
- Trafficking
- Outcome: The court held that the accused was a trafficker.
- Category: Substantive
- Possession
- Outcome: The court held that the prosecution had proved possession of drugs by the accused beyond a reasonable doubt.
- Category: Substantive
- Related Cases:
- [1995] 1 SLR 425
- Retracted Confession
- Outcome: The court held that the accused may be convicted solely on the strength of his retracted confession.
- Category: Procedural
- Related Cases:
- [1947] MLJ 90
- [1972-1974] SLR 232
- [2002] 4 SLR 161
8. Remedies Sought
- Acquittal
9. Cause of Actions
- Trafficking in Controlled Drugs
10. Practice Areas
- Criminal Law
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Swee Seng v Public Prosecutor | Court of Appeal | Yes | [1995] 1 SLR 425 | Singapore | Cited to support the finding that throwing drugs out of a window is sufficient to prove possession. |
| Yap Sow Keong v PP | Malayan Union Court of Appeal | Yes | [1947] MLJ 90 | Malaysia | Cited for the principle that an accused can be convicted on a retracted confession if the court is satisfied of its truth. |
| Ismail bin UK Abdul Rahman v PP | Court of Appeal | Yes | [1972-1974] SLR 232 | Singapore | Cited to uphold the principle that an accused can be convicted on a retracted confession if the court is satisfied of its truth. |
| Thongthot Yordsa-Art & Anor v Public Prosecutor | Court of Appeal | Yes | [2002] 4 SLR 161 | Singapore | Cited to uphold the principle that an accused can be convicted on a retracted confession if the court is satisfied of its truth. |
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 |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis
- Trafficking
- Possession
- Retracted Confession
- Fictitious Character
- Presumption of Trafficking
15.2 Keywords
- Criminal Law
- Drug Trafficking
- Cannabis
- Singapore
- Court of Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Evidence Law | 70 |
| Theft | 10 |
| Diplomatic Relations | 5 |
16. Subjects
- Criminal Law
- Drug Trafficking