Public Prosecutor v Abdul Kahar bin Othman: Trafficking of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Abdul Kahar bin Othman, the High Court of Singapore found Abdul Kahar bin Othman guilty on two charges of trafficking diamorphine under the Misuse of Drugs Act. The court rejected the accused's defense that he was unaware of the drugs in his possession, finding his explanations unconvincing and inconsistent with the evidence. The court convicted him on both charges.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The accused was found guilty of the two charges and convicted accordingly.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Abdul Kahar bin Othman was convicted of trafficking diamorphine under the Misuse of Drugs Act. The High Court found him guilty on two charges.
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 | Wong Woon Kwong of Attorney-General’s Chambers Lim How Khang of Attorney-General’s Chambers Jean Chan of Attorney-General’s Chambers |
| Abdul Kahar bin Othman | Defendant | Individual | Guilty | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wong Woon Kwong | Attorney-General’s Chambers |
| Lim How Khang | Attorney-General’s Chambers |
| Jean Chan | Attorney-General’s Chambers |
| Abdul Rahman Bin Mohd Hanipah | J.R.B. Law LLP |
| Johan bin Ismail | Johan Ismail & Company |
4. Facts
- The accused was stopped by CNB officers while driving along a slip road.
- A red carrier bag containing 26.13g of diamorphine was found in the accused's car.
- A red plastic bag containing 40.64g of diamorphine was found in the accused's bedroom.
- Drug-related utensils and equipment were found in the accused's bedroom.
- $59,834 in cash was found in a shoe box in the accused's wardrobe.
- $9,335 in cash was found in a plastic bag in the accused's wardrobe.
- The accused claimed he was holding the drugs for a person named Latif.
5. Formal Citations
- Public Prosecutor v Abdul Kahar bin Othman, , [2013] SGHC 164
6. Timeline
| Date | Event |
|---|---|
| Accused stopped by CNB officers and arrested | |
| Judgment reserved |
7. Legal Issues
- Trafficking of Diamorphine
- Outcome: The court found the accused guilty of trafficking diamorphine.
- Category: Substantive
- Voluntariness of Statements
- Outcome: The court admitted all five statements into evidence at trial.
- Category: Procedural
8. Remedies Sought
- Conviction
- Imprisonment
9. Cause of Actions
- Trafficking of Diamorphine
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, 2008 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 186, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- CNB
- Statements
- Possession
- Knowledge
15.2 Keywords
- diamorphine
- drug trafficking
- singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 70 |
| Criminal Procedure | 60 |
| Evidence Law | 50 |
16. Subjects
- Criminal Law
- Drug Offences