Abdul Salam v PP: Conspiracy to Traffic Drugs - Conviction & Sentence Appeal
Abdul Salam bin Musthafa appealed to the Court of Appeal of Singapore against his conviction and sentence for five charges of conspiracy to traffic in controlled drugs. The High Court had found him guilty and sentenced him to 30 years’ imprisonment and 24 strokes of the cane. The Court of Appeal allowed the appeal in part, setting aside the conviction for three charges related to offenses allegedly committed on 27 December 2007, but upheld the conviction for the remaining two charges related to offenses allegedly committed on 31 December 2007. The court reduced the total sentence to 25 years’ imprisonment with effect from 2 January 2008.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal against conviction allowed in part; sentence reduced.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against conviction and sentence for conspiracy to traffic controlled drugs. The Court of Appeal allowed the appeal in part, setting aside convictions for some charges.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal partially successful | Partial | Ng Cheng Thiam of Attorney-General’s Chambers Geraldine Kang of Attorney-General’s Chambers |
| Abdul Salam bin Musthafa | Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of Appeal | Yes |
| V K Rajah | Justice of Appeal | No |
| Kan Ting Chiu | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Cheng Thiam | Attorney-General’s Chambers |
| Geraldine Kang | Attorney-General’s Chambers |
| Amarick Gill | Amarick Gill & Co |
| R Thrumurgan @ Thiru | Thiru & Co |
4. Facts
- The Appellant was charged with five counts of conspiracy to traffic in controlled drugs.
- Two charges related to offenses allegedly committed on 31 December 2007, involving diamorphine and methamphetamine.
- Three charges related to offenses allegedly committed on 27 December 2007, involving methamphetamine, diamorphine, and morphine.
- The trial judge found the Appellant guilty on all five charges.
- Maryati's testimony regarding the 27 December 2007 transaction was uncertain.
- Khairul's statement did not clearly link the Appellant to the 27 December 2007 transaction.
- The court found the evidence for the three charges related to 27 December 2007 was not proven beyond a reasonable doubt.
5. Formal Citations
- Abdul Salam bin Musthafa v Public Prosecutor, Criminal Appeal No 2 of 2010, [2010] SGCA 38
- Public Prosecutor v Abdul Salam bin Musthafa, , [2010] SGHC 81
6. Timeline
| Date | Event |
|---|---|
| Alleged conspiracy to traffic drugs | |
| Alleged conspiracy to traffic drugs | |
| Appellant's imprisonment began | |
| Khairul's statement given | |
| Appellant found guilty and convicted | |
| Appellant sentenced | |
| Medical officer's letter regarding Appellant's HIV status | |
| Sentence of caning remitted | |
| Appeal decided |
7. Legal Issues
- Conspiracy to traffic controlled drugs
- Outcome: Conviction upheld for two charges, set aside for three charges.
- Category: Substantive
- Reasonable Doubt
- Outcome: The court found that the prosecution's case for three of the charges was not established beyond a reasonable doubt.
- Category: Procedural
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Conspiracy to traffic in controlled drugs
10. Practice Areas
- Criminal Appeals
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) read with s 12 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Conspiracy
- Controlled drugs
- Drug trafficking
- Reasonable doubt
- Diamorphine
- Methamphetamine
- Morphine
15.2 Keywords
- drug trafficking
- conspiracy
- criminal appeal
- singapore
- misuse of drugs act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal conspiracy | 80 |
| Illegal importation of controlled drugs | 75 |
| Criminal Procedure | 70 |
| Evidence Law | 60 |
| Mens rea | 40 |
| Appeal | 30 |
16. Subjects
- Criminal Law
- Drug Offences