PP v Noorazni bin Ithnin: Trafficking of Diamorphine (Heroin) under the Misuse of Drugs Act

In Public Prosecutor v Noorazni bin Ithnin, the High Court of Singapore convicted Noorazni bin Ithnin of trafficking not less than 626.5g of diamorphine (heroin) under s 5(1)(a) read with s 33 of the Misuse of Drugs Act. The court found that Noorazni knowingly transported the heroin in a car tyre from Whampoa Drive to New Market Road. The court rejected Noorazni's defense that he was unaware of the heroin and sentenced him to the mandatory death penalty.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

The Accused was convicted and sentenced to suffer the mandatory death penalty.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

Noorazni bin Ithnin was convicted of trafficking over 626.5g of diamorphine (heroin) and sentenced to death. The court found he knowingly transported the drugs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Leong Wing Tuck of Deputy Public Prosecutor
Sellakumaran of Deputy Public Prosecutor
Noorazni bin IthninDefendantIndividualConvictedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Leong Wing TuckDeputy Public Prosecutor
SellakumaranDeputy Public Prosecutor
Kertar Singh s/o Guljar SinghKertar & Co
Singa RetnamKertar & Co

4. Facts

  1. The accused was charged with trafficking not less than 626.5g of Diamorphine.
  2. CNB officers kept the accused under surveillance on 4 February 2008.
  3. The accused transported a red plastic bag containing a car tyre.
  4. The tyre contained 21 bundles of granular substances later found to be Diamorphine.
  5. The accused's apartment was raided, and more drugs and cash were found.
  6. The accused's urine tested positive for Methamphetamine.
  7. The accused claimed he did not know the tyre contained heroin.

5. Formal Citations

  1. Public Prosecutor v Noorazni bin Ithnin, CC 9/2009, [2009] SGHC 64

6. Timeline

DateEvent
Accused was kept under surveillance by CNB officers.
Accused met Makcik and Pakcik at the car park behind Block 75 Whampoa Drive.
Accused drove to the multistorey car park at Block 33 Park Crescent.
Accused was arrested by CNB officers at the linkway connecting Block 32 New Market Road to Block 33 Park Crescent.
Accused gave a statement to the CNB.
Accused gave a statement to the CNB.
Accused gave a statement to the CNB.
Judgment reserved

7. Legal Issues

  1. Trafficking of controlled drugs
    • Outcome: The court found the accused guilty of trafficking controlled drugs.
    • Category: Substantive
    • Sub-Issues:
      • Possession of controlled drugs
      • Knowledge of the nature of the drug
  2. Presumption of knowledge under s 18(2) of the Misuse of Drugs Act
    • Outcome: The court found that the accused had not rebutted the presumption of knowledge.
    • Category: Substantive
    • Sub-Issues:
      • Rebuttal of presumption
      • Onus of proof

8. Remedies Sought

  1. Conviction
  2. Mandatory death penalty

9. Cause of Actions

  • Trafficking in controlled drugs

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2001 Rev Ed)Singapore
Section 18(2) of the Misuse of Drugs ActSingapore
s 5(1)(a) read with s 33 of the Misuse of Drugs Act (Cap 185, 2001 Rev Ed)Singapore
s 3 of the Misuse of Drugs ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Heroin
  • Trafficking
  • Misuse of Drugs Act
  • Presumption of knowledge
  • CNB
  • Controlled drugs

15.2 Keywords

  • Diamorphine
  • Heroin
  • Drug Trafficking
  • Singapore
  • Misuse of Drugs Act
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Drug Crimes90
Drug Trafficking90
Criminal Law80
Criminal Procedure70
Evidence Law60
Theft10

16. Subjects

  • Criminal Law
  • Drug Trafficking