PP v Muhammad Farid: Trafficking in Methamphetamine & Knowledge of Drug Quantity
In Public Prosecutor v Muhammad Farid bin Mohd Yusop, the High Court of Singapore heard the case against Muhammad Farid bin Mohd Yusop, who was charged with trafficking in not less than 386.7 grams of methamphetamine. The court, presided over by Chan Seng Onn J, found that the accused had an agreement with 'Bapak' not to deliver more than 250g of methamphetamine and that he had no reason to suspect that this agreement was breached on the day of his arrest. Consequently, the court amended the charge to one of possessing 249.99g of methamphetamine for the purpose of trafficking and convicted him on this amended charge, sentencing him to 23 years’ imprisonment and 15 strokes of the cane. The prosecution appealed against the decision to acquit the accused on the capital charge.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted on amended charge of possessing a lesser amount of methamphetamine for trafficking; sentenced to 23 years’ imprisonment and 15 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Accused was charged with trafficking methamphetamine. The court found he intended to traffic less than the amount for capital punishment, amending the charge and sentencing him to imprisonment and caning.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial | Partial | Kevin Tan of Attorney-General’s Chambers Lim How Khang of Attorney-General’s Chambers Larissa Lim of Attorney-General’s Chambers |
| Muhammad Farid bin Mohd Yusop | Defendant | Individual | Partial | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kevin Tan | Attorney-General’s Chambers |
| Lim How Khang | Attorney-General’s Chambers |
| Larissa Lim | Attorney-General’s Chambers |
| Amolat Singh | Amolat & Partners |
| Mervyn Cheong | Eugene Thuraisingham |
4. Facts
- Accused was arrested on 10 March 2011 at Lavender Street and Bendemeer Road.
- Accused was found in possession of two packets of crystalline substance.
- The packets contained not less than 386.7 grams of methamphetamine.
- Accused claimed he had an agreement with 'Bapak' to deliver no more than 250g of ice.
- Accused stated he was to receive $500 for each delivery.
- Accused claimed he did not know the amount of ice exceeded 250g.
- The Health Sciences Authority analysis confirmed the weight of methamphetamine.
5. Formal Citations
- Public Prosecutor v Muhammad Farid bin Mohd Yusop, Criminal Case No 10 of 2014, [2014] SGHC 125
6. Timeline
| Date | Event |
|---|---|
| Accused arrested for drug trafficking | |
| Closing submissions by prosecution and defense | |
| Judgment delivered |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of possessing a lesser amount of methamphetamine for the purpose of trafficking.
- Category: Substantive
- Sub-Issues:
- Possession of controlled drug
- Knowledge of the nature of the drug
- Possession for the purpose of trafficking
- Related Cases:
- [2014] SGCA 32
- Rebuttal of Statutory Presumption
- Outcome: The court found that the accused successfully rebutted the presumption that he possessed the entire quantity of drugs.
- Category: Procedural
- Sub-Issues:
- Sufficiency of evidence to rebut presumption
- Balance of probabilities
- Related Cases:
- [2008] 1 SLR(R) 1
- [1997] 2 SLR(R) 796
- Mens Rea for Possession
- Outcome: The court found that the accused only had knowledge of possessing a quantity of methamphetamine not exceeding 250g.
- Category: Substantive
- Sub-Issues:
- Knowledge of the existence of the drug
- Wilful blindness
- Related Cases:
- [1969] 2 AC 256
- [1979-1980] SLR(R) 311
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Trafficking in a controlled drug
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Singapore Court of Appeal | Yes | [2014] SGCA 32 | Singapore | Cited for the elements required for a charge of trafficking under s 5(1)(a) MDA. |
| Tan Kiam Peng v Public Prosecutor | High Court | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited for the principle that the presumption under s 18(1)(a) MDA may be rebutted by the accused on a balance of probabilities. |
| Fun Seong Cheng v Public Prosecutor | Court of Appeal | Yes | [1997] 2 SLR(R) 796 | Singapore | Cited for the principle that physical control is not enough for proving possession; mens rea is also required. |
| Warner v Metropolitan Police Commissioner | House of Lords | Yes | [1969] 2 AC 256 | England and Wales | Cited for the meaning of 'possession' in drug-related offences, requiring knowledge of the existence of the thing itself. |
| Tan Ah Tee v PP | Court of Appeal | Yes | [1979-1980] SLR(R) 311 | Singapore | Cited with approval of Lord Pearce's dicta in Warner v Metropolitan Police Commissioner regarding the meaning of 'possession'. |
| Yap Giau Beng Terence v Public Prosecutor | High Court | Yes | [1998] 2 SLR(R) 855 | Singapore | Cited for the purpose of recording a cautioned statement from an accused person. |
| Roshdi v Public Prosecutor | High Court | Yes | [1994] 3 SLR(R) 1 | Singapore | Cited for the principle that an accused person is not compelled to minutely detail his defence at trial in his cautioned statement. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 18(1)(a) MDA | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Ice
- Trafficking
- Possession
- Agreement with Bapak
- CNB
- Cautioned statement
- Long statements
- Rebuttal of presumption
- Mens rea
- Wilful blindness
15.2 Keywords
- drug trafficking
- methamphetamine
- possession
- criminal law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Evidence Law | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking