PP v Muhammad & Yu: Drug Trafficking under Misuse of Drugs Act - Death Penalty Imposed
In Public Prosecutor v Muhammad bin Abdullah and Yu Ching Thai, the High Court of Singapore, presided over by Kan Ting Chiu SJ, delivered a judgment on September 2, 2015, convicting both accused persons for drug trafficking under the Misuse of Drugs Act. Muhammad bin Abdullah was found in possession of diamorphine for trafficking purposes, while Yu Ching Thai was found to have supplied the drugs to Muhammad. Muhammad's defense of personal consumption was partially accepted, leading to an amended charge. Ultimately, both Muhammad and Yu were found guilty and sentenced to death.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Both accused found guilty and sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Joint trial for Muhammad and Yu for drug trafficking. Both were convicted and sentenced to death under the Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction and death penalty imposed | Won | Tan Wen Hsien, Raja Mohan s/o Krishnaraju |
| Muhammad bin Abdullah | Defendant | Individual | Guilty on amended charge | Lost | James Masih, Supramaniam Rajan |
| Yu Ching Thai | Defendant | Individual | Guilty | Lost | Low Cheong Yeow, Daniel Koh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Wen Hsien | Attorney General's Chambers |
| Raja Mohan s/o Krishnaraju | Attorney General's Chambers |
| James Masih | James Masih & Company |
| Supramaniam Rajan | Hilborne Law LLC |
| Low Cheong Yeow | Tito Isaac & Co LLP |
| Daniel Koh | Eldan Law LLP |
4. Facts
- Muhammad bin Abdullah was arrested for possessing four packets of granular/powdery substance containing diamorphine.
- Yu Ching Thai was arrested for giving the four packets of granular/powdery substance to Muhammad bin Abdullah.
- The total weight of the granular/powdery substance was 915.60 grams, containing not less than 19.84 grams of diamorphine.
- Muhammad claimed that one of the four packets was for his personal consumption.
- Yu Ching Thai claimed he did not know the quantity of diamorphine would attract the death penalty.
- Muhammad had been buying heroin from a Malaysian Indian known as 'Makel'.
- Yu Ching Thai was the delivery person for 'Makel'.
5. Formal Citations
- Public Prosecutor v Muhammad bin Abdullah and another, Criminal Case No 25 of 2015, [2015] SGHC 231
6. Timeline
| Date | Event |
|---|---|
| Drug transaction and arrests of Muhammad bin Abdullah and Yu Ching Thai | |
| Cautioned statements recorded from both accused | |
| Investigation statements recorded from both accused | |
| Further investigation statements recorded from both accused | |
| Additional investigation statement recorded from Muhammad bin Abdullah | |
| Muhammad bin Abdullah interviewed by psychiatrist Dr Winslow Rasaiah Munidasa | |
| Muhammad bin Abdullah interviewed by psychiatrist Dr Ung Eng Khean | |
| Muhammad bin Abdullah interviewed by psychiatrist Dr Ung Eng Khean | |
| Trial proceedings | |
| Trial proceedings | |
| Trial proceedings | |
| Trial proceedings | |
| Judgment delivered |
7. Legal Issues
- Drug Trafficking
- Outcome: Both accused were found guilty of drug trafficking.
- Category: Substantive
- Amount of Diamorphine for Trafficking
- Outcome: The court determined the amount of diamorphine intended for trafficking after deducting the amount intended for personal consumption by the 1st Accused.
- Category: Substantive
- Intention to Traffic a Capital Amount of Drugs
- Outcome: The court found that the 2nd Accused's lack of knowledge about the death penalty for drug trafficking did not negate his intention to traffic drugs.
- Category: Substantive
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Drug Trafficking
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 |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Misuse of Drugs Act
- Courier
- Personal Consumption
- Death Penalty
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Misuse of Drugs Act
- Death Penalty
16. Subjects
- Criminal Law
- Drug Offences
17. Areas of Law
- Criminal Law
- Drug Trafficking Law