Public Prosecutor v Azahari bin Ahmad: Drug Trafficking under the Misuse of Drugs Act
In Public Prosecutor v Azahari bin Ahmad and Wasis bin Kalyubi, the High Court of Singapore convicted Azahari bin Ahmad and Wasis bin Kalyubi on charges of drug trafficking under the Misuse of Drugs Act. Both accused were found to be couriers and were sentenced to life imprisonment. Azahari bin Ahmad also received the mandatory minimum of 15 strokes of the cane. The court backdated the sentences to the dates of their arrests. The First Accused has appealed against the sentence imposed on him on the ground that it is manifestly excessive.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Both accused persons were convicted of drug trafficking and sentenced to life imprisonment with caning for the First Accused.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Azahari bin Ahmad and Wasis bin Kalyubi were convicted of drug trafficking under the Misuse of Drugs Act, but avoided the death penalty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction of both accused persons | Won | John Lu Zhuoren, Nicholas Wuan Kin Lek |
| Azahari bin Ahmad | Defendant | Individual | Convicted and sentenced to life imprisonment and caning | Lost | Tito Isaac, Jonathan Wong |
| Wasis bin Kalyubi | Defendant | Individual | Convicted and sentenced to life imprisonment | Lost | John Abraham, Lam Wai Seng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| John Lu Zhuoren | Attorney-General’s Chambers |
| Nicholas Wuan Kin Lek | Attorney-General’s Chambers |
| Tito Isaac | Tito Isaac & Co LLP |
| Jonathan Wong | Tito Isaac & Co LLP |
| John Abraham | Crossborders LLC |
| Lam Wai Seng | Lam WS & Co |
4. Facts
- The First Accused transported two bundles of granular substance containing not less than 31.52 grams of diamorphine in a taxi.
- The Second Accused gave the two bundles of granular substance containing not less than 31.52 grams of diamorphine to the First Accused in a taxi.
- Both accused persons knew that the two bundles contained diamorphine.
- The Second Accused was supposed to be paid $400 per pound of diamorphine for safe-keeping the drugs.
- The First Accused was supposed to hand the drugs over to 'Abang' in Tampines.
- The Second Accused kept the diamorphine from 30 October 2011 to 1 November 2011.
5. Formal Citations
- Public Prosecutor v Azahari bin Ahmad and another, Criminal Case No 23 of 2016, [2016] SGHC 101
6. Timeline
| Date | Event |
|---|---|
| First Accused committed the offence of drug trafficking. | |
| First Accused arrested. | |
| Second Accused arrested. | |
| Trial began. | |
| All parties agreed on the material facts to be placed before the court. | |
| Judgment issued. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found both accused guilty of drug trafficking under s 5(1)(a) of the Misuse of Drugs Act.
- Category: Substantive
- Whether the accused persons were mere couriers under s 33B(2) of the Misuse of Drugs Act
- Outcome: The court found that both accused persons satisfied the requirements of section 33B(2) of the MDA as they were mere couriers.
- Category: Substantive
- Related Cases:
- [2015] 1 SLR 834
- [2013] 3 SLR 734
8. Remedies Sought
- Punishment under the Misuse of Drugs Act
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 |
|---|---|---|---|---|---|
| PP v Chum Tat Suan and another | Court of Appeal | Yes | [2015] 1 SLR 834 | Singapore | Endorsed the narrow definition of a courier under s 33B(2)(a) of the MDA. |
| PP v Abdul Haleem bin Abdul Karim and another | High Court | Yes | [2013] 3 SLR 734 | Singapore | Defined a courier as one whose involvement is limited to delivering or conveying drugs from point A to point B. |
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 33(1) | Singapore |
| Misuse of Drugs Act (Cap. 185, 2008 Rev. Ed.) s 33B | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 325 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 264 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 267 | Singapore |
| Criminal Procedure Code s 22 | Singapore |
| Criminal Procedure Code s 147(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Courier
- Misuse of Drugs Act
- Section 33B
- CNB
- Controlled Drug
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Drug Offences
17. Areas of Law
- Criminal Law
- Drug Trafficking
- Misuse of Drugs Act