Shahary bin Sulaiman v Public Prosecutor: Misuse of Drugs Act & Presumptions of Trafficking and Possession
In Shahary bin Sulaiman v Public Prosecutor, the Court of Appeal of Singapore heard an appeal by Shahary bin Sulaiman against his conviction for trafficking diamorphine under the Misuse of Drugs Act. The High Court had found Shahary guilty based on evidence including his confession and the discovery of drugs in his van. The Court of Appeal, comprising Chao Hick Tin JA, Choo Han Teck J, and Yong Pung How CJ, dismissed the appeal on September 3, 2004, finding no error in fact or law in the trial judge's decision. The court held that the presumptions under the Misuse of Drugs Act were correctly applied and that the evidence supported the conviction.
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
Shahary bin Sulaiman appeals his conviction for drug trafficking. The Court of Appeal upholds the conviction, finding no error in fact or law.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Kan Shuk Weng of Deputy Public Prosecutors Benjamin Yim Geok Choon of Deputy Public Prosecutors |
| Shahary bin Sulaiman | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
| Chao Hick Tin | Justice of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kan Shuk Weng | Deputy Public Prosecutors |
| Benjamin Yim Geok Choon | Deputy Public Prosecutors |
| James Bahadur Masih | James Masih and Co |
| Ramli Salekhon | Ramli and Co |
4. Facts
- Appellant was convicted of trafficking in diamorphine with a gross weight of 583.04g and a net weight of 35.19g.
- Appellant was driving a rented cargo van when stopped by police.
- Police found a sachet of yellowish substance in the ashtray.
- Appellant and his passenger ran in different directions but were captured.
- Police found three bags in the front compartment of the van containing heroin and other substances.
- Appellant confessed that the 'Lafuma' bag and its contents belonged to him.
- Appellant stated he purchased the heroin from 'Ah Seng' for $15,000 and sold some to Sazali.
5. Formal Citations
- Shahary bin Sulaiman v Public Prosecutor, Cr App 3/2004, [2004] SGCA 39
6. Timeline
| Date | Event |
|---|---|
| Appellant and Sazali bin Omar stopped by police. | |
| Judgment delivered. |
7. Legal Issues
- Presumption of Trafficking
- Outcome: The court found that the presumption of trafficking was correctly applied, and there was no evidence to rebut it.
- Category: Substantive
- Presumption of Possession
- Outcome: The court found that even if the presumption under s 18 was relied upon, there was sufficient evidence of trafficking.
- Category: Substantive
- Findings of Fact by Trial Judge
- Outcome: The court held that an appellate court will not interfere with the trial judge's findings of fact, especially when it hinges on an evaluation of the appellant's evidence in court.
- Category: Procedural
8. Remedies Sought
- Appeal against Conviction
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Low Kok Wai v PP | Court of Appeal | Yes | [1994] 1 SLR 676 | Singapore | Cited regarding the meaning of 'physical possession' of drugs. |
| Fun Seong Cheng v PP | Court of Appeal | Yes | [1997] 3 SLR 523 | Singapore | Cited regarding the meaning of 'physical possession' of drugs. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2001 Rev Ed) | Singapore |
| Section 17 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) | Singapore |
| Section 18 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Misuse of Drugs Act
- Trafficking
- Possession
- Presumption
- Physical Possession
- Confession
15.2 Keywords
- drug trafficking
- misuse of drugs act
- singapore
- criminal law
- appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 80 |
| Sentencing | 70 |
| Appeal | 60 |
16. Subjects
- Criminal Law
- Drug Offences