Public Prosecutor v Mohamad Yazid: Trafficking and Abetting Diamorphine Trafficking under the Misuse of Drugs Act
In Public Prosecutor v Mohamad Yazid Bin Md Yusof and others, the High Court of Singapore found Mohamad Yazid, Kalwant Singh, and Norasharee Gous guilty of drug-related offenses under the Misuse of Drugs Act. Yazid was charged with possession of diamorphine for trafficking, Kalwant faced two charges for trafficking and possession for trafficking, and Norasharee was charged with abetting Yazid's trafficking by instigation. The court convicted all three accused persons.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Yazid, Kalwant, and Norasharee were found guilty as charged.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving Mohamad Yazid, Kalwant Singh, and Norasharee Gous for drug trafficking and abetting. Yazid and Kalwant were convicted, and Norasharee was found guilty of instigation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Successful Prosecution | Won | Yang Ziliang, Andrew Low |
| Mohamad Yazid bin Md Yusof | Defendant | Individual | Guilty as charged | Lost | James Bahadur Masih, Mahadevan Luksuhmayeh |
| Kalwant Singh a/l Jogindar Singh | Defendant | Individual | Guilty as charged | Lost | John Abraham, Satwant Singh s/o Sarban Singh |
| Norasharee Bin Gous | Defendant | Individual | Guilty as charged | Lost | Amarick Gill Singh, Mohamed Baiross |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yang Ziliang | Attorney-General’s Chambers |
| Andrew Low | Attorney-General’s Chambers |
| James Bahadur Masih | James Masih & Company |
| Mahadevan Luksuhmayeh | S T Chelvan & Company |
| John Abraham | Crossborders LLP |
| Satwant Singh s/o Sarban Singh | Satwant & Associates |
| Amarick Gill Singh | Amarick Gill LLC |
| Mohamed Baiross | IRB Law LLP |
4. Facts
- Yazid and Kalwant were arrested during a CNB operation at a carpark.
- Six bundles of diamorphine were recovered from Yazid's motorcycle.
- Three bundles of diamorphine were recovered from Kalwant's haversack.
- Norasharee was arrested nearly two years after Yazid and Kalwant.
- Yazid claimed Norasharee instructed him to collect drugs from a Malaysian courier.
- Kalwant admitted to delivering the drugs but claimed he didn't know they were diamorphine.
- Yazid and Norasharee were allegedly members of rival gangs.
5. Formal Citations
- Public Prosecutor v Mohamad Yazid Bin Md Yusof and others, Criminal Case No 19 of 2016, [2016] SGHC 102
6. Timeline
| Date | Event |
|---|---|
| Mohamad Yazid and Kalwant Singh arrested at a multi-storey carpark. | |
| Norasharee Bin Gous arrested from his residence. | |
| Trial began. | |
| Trial concluded. | |
| Judgment reserved. |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court found Yazid and Kalwant guilty of trafficking in controlled drugs.
- Category: Substantive
- Abetting the Trafficking of Controlled Drugs through Instigation
- Outcome: The court found Norasharee guilty of abetting the trafficking of controlled drugs through instigation.
- Category: Substantive
- Related Cases:
- [1991] 2 SLR(R) 393
- [1991] 2 SLR(R) 704
- Presumption of Knowledge under s 18(2) of the MDA
- Outcome: The court found that Kalwant was unable to rebut the presumption of knowledge under s 18(2) of the MDA.
- Category: Substantive
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Possession of Drugs for the Purpose of Trafficking
- Trafficking of Controlled Drugs
- Abetment by Instigation
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Khoo Kwoon Hain v Public Prosecutor | High Court | Yes | [1995] 2 SLR(R) 591 | Singapore | Cited regarding the burden of proof when the defense asserts a witness has a motive to lie. |
| Public Prosecutor v Lee Tee Hian | High Court | Yes | [1991] 2 SLR(R) 393 | Singapore | Cited for the definition of actus reus for the offence of abetment by instigation. |
| Sinniah Pillay v Public Prosecutor | High Court | Yes | [1991] 2 SLR(R) 704 | Singapore | Cited regarding the state of mind of the instigator in a case of abetment by instigation. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Abetment
- Instigation
- Misuse of Drugs Act
- CNB
- Courier
- Presumption of Knowledge
- Wilful Blindness
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Abetment
- Misuse of Drugs Act
16. Subjects
- Criminal Law
- Drug Trafficking
- Abetment
17. Areas of Law
- Criminal Law
- Statutory Offences
- Drug Trafficking
- Misuse of Drugs Act