PP v Hamidah Binte Awang: Drug Trafficking - Misuse of Drugs Act Sentencing

In the High Court of Singapore, Hamidah Binte Awang was found guilty on 5 November 2014 of attempting to export not less than 1,963.3 g of methamphetamine, an offence under s 7 read with s 12 of the Misuse of Drugs Act. On 8 October 2015, the court, presided over by Lee Seiu Kin J, sentenced her to life imprisonment, exercising discretion under s 33B(1)(a) of the Act due to her substantive assistance to the Central Narcotics Bureau in disrupting drug trafficking activities. The sentence was backdated to her arrest on 13 November 2011. The accused appealed the sentence on 14 October 2015.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

The first accused was sentenced to imprisonment for life instead of the death penalty.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Hamidah Binte Awang was sentenced to life imprisonment for attempting to export methamphetamine after assisting in disrupting drug trafficking activities.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencySuccessful ProsecutionWon
Ng Cheng Thiam of Attorney-General’s Chambers
Chee Min Ping of Attorney-General’s Chambers
Ilechukwu Uchechukwu ChukwudiOtherIndividual
Hamidah Binte AwangDefendantIndividualLife ImprisonmentLost

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Ng Cheng ThiamAttorney-General’s Chambers
Chee Min PingAttorney-General’s Chambers
Amolat SinghAmolat & Partners
Supramaniam RajanHilborne Law LLC

4. Facts

  1. The first accused was found guilty of attempting to export not less than 1,963.3 g of methamphetamine.
  2. The Public Prosecutor certified that the accused had substantively assisted the Central Narcotics Bureau.
  3. The accused's involvement was restricted to the activities set out in s 33B(2)(a) of the Misuse of Drugs Act.
  4. The court exercised its discretion to sentence the accused to life imprisonment instead of the death penalty.
  5. The sentence was backdated to the date of her arrest on 13 November 2011.
  6. The accused has appealed against her sentence on 14 October 2015.

5. Formal Citations

  1. Public Prosecutor v Hamidah bte Awang and another, Criminal Case No 32 of 2014, [2015] SGHC 270

6. Timeline

DateEvent
Arrest made
Trial began
Guilty verdict issued
Grounds of decision issued
Sentencing hearing held
Appeal filed
Judgment issued

7. Legal Issues

  1. Attempted Drug Exportation
    • Outcome: The court found the accused guilty of attempting to export methamphetamine.
    • Category: Substantive
    • Related Cases:
      • [2015] SGHC 4
  2. Sentencing Discretion
    • Outcome: The court exercised its discretion to sentence the accused to life imprisonment instead of the death penalty, considering her assistance to the Central Narcotics Bureau.
    • Category: Procedural

8. Remedies Sought

  1. Imprisonment
  2. Death Penalty

9. Cause of Actions

  • Violation of Misuse of Drugs Act

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Hamidah Binte Awang and anotherHigh CourtYes[2015] SGHC 4SingaporeCited for full details of the trial and findings.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Methamphetamine
  • Misuse of Drugs Act
  • Drug Trafficking
  • Central Narcotics Bureau
  • Sentencing
  • Life Imprisonment
  • Substantive Assistance

15.2 Keywords

  • drug trafficking
  • methamphetamine
  • Misuse of Drugs Act
  • life imprisonment
  • Singapore
  • criminal law

17. Areas of Law

16. Subjects

  • Criminal Law
  • Drug Offences
  • Sentencing