Public Prosecutor v Mohamad Fadzly bin Din: Trafficking Diamorphine under the Misuse of Drugs Act

In Public Prosecutor v Mohamad Fadzly bin Din, the High Court of Singapore convicted Mohamad Fadzly bin Din on April 20, 2010, for trafficking in not less than 31.37 grams of diamorphine, an offense under section 5(1)(a) read with section 5(2) of the Misuse of Drugs Act. The court admitted an oral statement and three long statements as evidence, which established that the accused possessed the drugs for sale. Despite a psychiatric report indicating the accused's dependence on methamphetamine and remorse, the court found no grounds for mitigation and imposed the mandatory death sentence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Convicted as charged and sentenced to the mandatory death sentence.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Mohamad Fadzly bin Din was convicted of trafficking diamorphine under Singapore's Misuse of Drugs Act and sentenced to death. The court found him in possession of the drugs for the purpose of trafficking.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Luke Tan of Attorney-General’s Chambers
Kan Shuk Weng of Attorney-General’s Chambers
Luke Tang of Attorney-General’s Chambers
Mohamad Fadzly bin DinDefendantIndividualConvicted as chargedLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Luke TanAttorney-General’s Chambers
Kan Shuk WengAttorney-General’s Chambers
Luke TangAttorney-General’s Chambers
Rajan SupramaniamHilborne & Co
M Rengarajoo s/o Rengasamy BalasamyB Rengarajoo & Associates

4. Facts

  1. Accused was arrested on suspicion of trafficking in a controlled drug.
  2. CNB officers found drugs in the accused’s bedroom.
  3. The drugs were analyzed by the Health Sciences Authority and certified to contain not less than 31.37 grams of diamorphine.
  4. The accused admitted that the drugs belonged to him and were meant to be sold.
  5. The accused had sold heroin before.
  6. The accused consumed methamphetamine before his arrest.

5. Formal Citations

  1. Public Prosecutor v Mohamad Fadzly bin Din, , [2010] SGHC 117

6. Timeline

DateEvent
Accused was born
Accused arrested at Block 34 Marsiling Drive
Oral statement recorded from the accused
Statement recorded from the accused
Statement recorded from the accused
Statement recorded from the accused
Psychiatrist’s report was prepared
Judgment issued

7. Legal Issues

  1. Drug Trafficking
    • Outcome: The court found the accused guilty of drug trafficking.
    • Category: Substantive
  2. Admissibility of Oral Statement
    • Outcome: The court ruled that the oral statement was given voluntarily and was admissible.
    • Category: Procedural

8. Remedies Sought

  1. Conviction
  2. Mandatory Death Sentence

9. Cause of Actions

  • Drug Trafficking

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 (“MDA”)(Cap 185)Singapore
section 5(1)(a) read with section 5(2) of the Misuse of Drugs Act, Chapter 185Singapore
s 17(c) of the MDASingapore
s 24 of the Evidence ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Drug Trafficking
  • Misuse of Drugs Act
  • CNB
  • Oral Statement
  • Methamphetamine

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law60
Criminal Procedure50
Evidence Law40
Offences30

16. Subjects

  • Criminal Law
  • Drug Offences