Public Prosecutor v Shahary bin Sulaiman: Trafficking of Diamorphine
In Public Prosecutor v Shahary bin Sulaiman, the High Court of Singapore found Shahary bin Sulaiman guilty of trafficking diamorphine under the Misuse of Drugs Act. The case involved the discovery of diamorphine in a van driven by the accused. The court rejected the accused's defense that he was unaware of some of the drugs and found him guilty, imposing the mandatory death sentence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty and convicted; mandatory death sentence imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Shahary bin Sulaiman was convicted of trafficking diamorphine under the Misuse of Drugs Act. The High Court found him guilty and imposed the mandatory death sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Benjamin Yim of Public Prosecutor Tan Wee Soon of Public Prosecutor |
| Shahary bin Sulaiman | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Benjamin Yim | Public Prosecutor |
| Tan Wee Soon | Public Prosecutor |
| Surinder Singh Dhillon | Dhillon Dendroff and Partners |
| Ramli Salehkon | Ramli and Co |
4. Facts
- Police officers spotted a van without headlights and stopped it.
- The accused was the driver, and Sazali bin Omar was the passenger.
- A sachet of yellowish substance was found in the ashtray.
- Sazali threw something on the ground, and both he and the accused ran.
- The accused was apprehended and brought back to the van.
- A Lafuma bag, a Hayrer bag, and a Soo Kee bag were found in the van.
- The Lafuma bag contained a large packet and several mini packets of suspected heroin.
- The Hayrer bag contained sachets of heroin and straws of heroin.
- The accused initially admitted the drugs were his.
5. Formal Citations
- Public Prosecutor v Shahary bin Sulaiman, CC 42/2003, [2004] SGHC 135
6. Timeline
| Date | Event |
|---|---|
| Accused's van stopped by police officers. | |
| Accused and passenger ran off in different directions. | |
| Accused apprehended and brought back to the van. | |
| Drugs recovered from the van. | |
| Accused gave cautioned statement. | |
| Second investigation statement recorded. | |
| Third investigation statement recorded. | |
| Judgment delivered. |
7. Legal Issues
- Trafficking of Controlled Drugs
- Outcome: The court found the accused guilty of trafficking diamorphine.
- Category: Substantive
8. Remedies Sought
- Conviction
- Mandatory Death Sentence
9. Cause of Actions
- Violation of Misuse of Drugs Act
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Misuse of Drugs Act
- CNB
- Lafuma bag
- Hayrer bag
- Sachet
- Possession
- Cautioned statement
- Investigation statement
15.2 Keywords
- Misuse of Drugs Act
- Diamorphine
- Drug Trafficking
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Offences | 50 |
| Theft | 10 |
16. Subjects
- Criminal Law
- Statutory Offences
- Drug Trafficking