Mohd Arsad bin Hassan v Public Prosecutor: Trafficking in Diamorphine - Defence of Lack of Knowledge
In Mohd Arsad bin Hassan v Public Prosecutor, the Court of Appeal of Singapore heard an appeal against the conviction of Mohd Arsad bin Hassan for trafficking in diamorphine. The High Court had convicted the appellant for trafficking 46.9g of diamorphine and sentenced him to death. The appellant's defense was that he lacked knowledge of the quantity of drugs. The Court of Appeal dismissed the appeal, upholding the conviction.
1. Case Overview
1.1 Court
Court of Appeal of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mohd Arsad bin Hassan was convicted of trafficking diamorphine. The Court of Appeal upheld the conviction, rejecting his defence of lacking knowledge of the drug quantity.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Conviction Upheld | Won | Kan Shuk Weng of Deputy Public Prosecutor |
| Mohd Arsad bin Hassan | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | No |
| Kan Ting Chiu | Judge | Yes |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kan Shuk Weng | Deputy Public Prosecutor |
| Rudy Gunaratnam | Tan Rajah and Cheah |
| Ratnagopal Hariprasad | Harry Elias Partnership |
4. Facts
- The appellant was arrested for selling diamorphine to undercover CNB officers.
- The appellant admitted to selling heroin for $20,100.
- The appellant claimed he thought he was selling six sachets of heroin.
- The actual amount of heroin was 439.8g.
- The appellant was found with a packet of heroin weighing 439.8g and five sachets of heroin.
- The total diamorphine content was 46.9g.
5. Formal Citations
- Mohd Arsad bin Hassan v Public Prosecutor, Cr App 7/2004, [2004] SGCA 36
6. Timeline
| Date | Event |
|---|---|
| Offence took place at a carpark of a McDonald restaurant along New Upper Changi Road | |
| Judgment Date |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court upheld the conviction for trafficking in diamorphine.
- Category: Substantive
- Defence of Lack of Knowledge
- Outcome: The court rejected the appellant's defence of lack of knowledge of the quantity of drugs.
- Category: Substantive
- Related Cases:
- [1999] 1 SLR 504
8. Remedies Sought
- Appeal against conviction and sentence
9. Cause of Actions
- Trafficking in Controlled Drugs
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Mohd Arsad bin Hassan | High Court | Yes | [2004] SGHC 67 | Singapore | The High Court convicted the appellant for trafficking in diamorphine. |
| Cheng Heng Lee v PP | Court of Appeal | Yes | [1999] 1 SLR 504 | Singapore | Cited regarding the defence of mistaken belief over the contents of a package. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Undercover officers
- Lack of knowledge
- Sachets
- Heroin
- CNB
- Kereta
- Batu
15.2 Keywords
- Criminal Law
- Drug Trafficking
- Diamorphine
- Singapore
- Appeal
- Conviction
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Trafficking in controlled drugs | 90 |
| Offences | 70 |
| Evidence Law | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking