PP v Mohd Arsad: Trafficking Diamorphine Exceeding 15g - Mandatory Death Penalty
In Public Prosecutor v Mohd Arsad Bin Hassan, the High Court of Singapore convicted Mohd Arsad Bin Hassan of trafficking 46.9 grams of diamorphine, exceeding the 15-gram threshold under the Misuse of Drugs Act, leading to a mandatory death sentence. The court found the prosecution's evidence credible, particularly regarding the amount of drugs involved in the transaction. The judge rejected the accused's claim that he believed he was only selling six packets of heroin, finding his version of events inconsistent with the evidence and his prior statements.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty and sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mohd Arsad was convicted of trafficking over 46.9g of diamorphine, exceeding the 15g threshold for the mandatory death penalty under Singapore's Misuse of Drugs Act.
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 | Lee Cheow Han of Deputy Public Prosecutors Ravneet Kaur of Deputy Public Prosecutors |
| Mohd Arsad bin Hassan | Defendant | Individual | Accused found guilty | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Cheow Han | Deputy Public Prosecutors |
| Ravneet Kaur | Deputy Public Prosecutors |
| Hariprasad Ratnagopal | Harry Elias Partnership |
| Rudy Gunaratnam | Tan Rajah and Cheah |
4. Facts
- The accused was arrested for selling 6 packets of granular substances containing not less than 46.9 grams of diamorphine.
- The accused sold the drugs to Staff Sergeants Ashari bin Hassan and Mohd Affendi bin Ideris, undercover officers of the Central Narcotics Bureau (CNB).
- The transaction took place at the car-park next to Bedok Theatre and Changi Theatre along New Upper Changi Road.
- The accused received $20,100 for the drugs.
- The accused claimed he believed he was only selling six packets of heroin.
- The prosecution argued the deal was for one pound and five packets of heroin.
- The court accepted the prosecution's version of events.
5. Formal Citations
- Public Prosecutor v Mohd Arsad Bin Hassan, CC 11/2004, [2004] SGHC 67
6. Timeline
| Date | Event |
|---|---|
| Accused called Ashari to confirm he had the drugs and could deliver them the following day. | |
| Undercover officers met the accused outside the Sultan Mosque. | |
| Accused and undercover officers discussed the drug transaction at the S-11 coffee shop. | |
| Accused met a female Malay in Sin Ming Industrial Road. | |
| Accused traveled to the car park next to Bedok and Changi Theatres. | |
| Accused handed drugs to undercover officers. | |
| Accused arrested by CNB officers. | |
| Insp Tan recorded an oral statement from the accused in Bedok Police Station. | |
| Drug exhibits were photographed and weighed in the accused’s presence. | |
| ASP Ong recorded a long statement from the accused at the Police Cantonment Complex. | |
| Judgment issued. |
7. Legal Issues
- Whether quantity of diamorphine trafficked exceeded 15g mandating death penalty
- Outcome: The court found that the quantity of diamorphine trafficked exceeded 15g, mandating the death penalty.
- Category: Substantive
8. Remedies Sought
- Conviction
- Mandatory Death Penalty
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 |
|---|---|---|---|---|---|
| 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) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2001 Rev Ed) s 33 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Undercover Operation
- CNB
- Mandatory Death Penalty
- Heroin
- Kereta
- Set
- Ubat
15.2 Keywords
- drug trafficking
- diamorphine
- singapore
- criminal law
- death penalty
- misuse of drugs act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Drug Trafficking | 80 |
| Statutory offences | 75 |
| Offences | 70 |
| Criminal Law | 60 |
16. Subjects
- Criminal Law
- Drug Offences