Public Prosecutor v Irwan bin Ali: Trafficking of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Irwan bin Ali, the High Court of Singapore found Irwan bin Ali guilty of trafficking in diamorphine under the Misuse of Drugs Act. The court found that Irwan bin Ali was in possession of the drugs for the purpose of trafficking, and that he knew the nature of the drugs. The court imposed the death penalty, as the requirements for alternative sentencing under section 33B of the Misuse of Drugs Act were not met because the Public Prosecutor did not issue a certificate of substantive assistance. The accused's defense of lack of knowledge was rejected.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Guilty verdict and sentence of death imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Irwan bin Ali was convicted of trafficking diamorphine under the Misuse of Drugs Act. The court imposed the death penalty as the requirements for alternative sentencing were not met.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Delicia Tan of Attorney-General’s Chambers Jasmine Chin-Sabado of Attorney-General’s Chambers Norman Teo of Attorney-General’s Chambers |
| Irwan bin Ali | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Delicia Tan | Attorney-General’s Chambers |
| Jasmine Chin-Sabado | Attorney-General’s Chambers |
| Norman Teo | Attorney-General’s Chambers |
| Dew Wong | Dew Chambers |
| Ho Thiam Huat | John Tay & Co |
| Ismail Bin Hamid | Ismail Hamid & Co |
4. Facts
- The accused, Irwan bin Ali, was arrested for trafficking in diamorphine.
- CNB officers raided the accused's flat and recovered 11 bundles containing 2520.5 grams of granular/powdery substance.
- The substance was analyzed and found to contain not less than 52.87 grams of diamorphine.
- The accused claimed he was merely a courier and did not know the contents of the bag.
- The accused claimed he was assaulted by CNB officers and was suffering from drug withdrawal at the time of arrest.
- The Public Prosecutor did not issue a certificate of substantive assistance.
5. Formal Citations
- Public Prosecutor v Irwan bin Ali, Criminal Case No 8 of 2015, [2016] SGHC 191
6. Timeline
| Date | Event |
|---|---|
| Accused committed the offence of trafficking in a Class A controlled drug. | |
| CNB officers raided the flat and arrested the accused. | |
| Accused was escorted to Alexandra Hospital for medical attention. | |
| Accused was sent from Alexandra Hospital to the Changi Medical Centre for medical observation. | |
| Insp Ong handed the 11 bundles to Tan Ying Ying, an analyst with the HSA for analysis. | |
| Insp Ong recorded statements from the accused under s 22 of the CPC. | |
| Insp Ong recorded statements from the accused under s 22 of the CPC. | |
| Insp Ong recorded a statement from the accused under s 23 of the CPC. | |
| Trial began. | |
| Trial concluded. | |
| Judgment issued. |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court found the accused guilty of trafficking in a controlled drug.
- Category: Substantive
- Related Cases:
- [2014] 3 SLR 721
- Voluntariness of Statements
- Outcome: The court found that the statements made by the accused were made voluntarily and were admissible as evidence.
- Category: Procedural
- Related Cases:
- [2002] 1 SLR(R) 591
- [2009] SGHC 230
- [1994] 1 SLR(R) 1044
- Presumption of Knowledge
- Outcome: The court found that the accused failed to rebut the presumption of knowledge of the nature of the drugs.
- Category: Substantive
8. Remedies Sought
- Conviction and sentencing under the Misuse of Drugs Act
9. Cause of Actions
- Trafficking in a controlled drug
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Abdul Malik bin Abdul Jamil v PP | Court of Appeal | Yes | [2002] 1 SLR(R) 591 | Singapore | Cited for the principle that to constitute a threat, inducement or promise rendering a statement involuntary, there must objectively be a threat, inducement or promise, and this must subjectively operate on the mind of the particular accused. |
| Public Prosecutor v Ng Pen Tine and another | High Court | Yes | [2009] SGHC 230 | Singapore | Cited for the principle that to constitute a threat, inducement or promise rendering a statement involuntary, there must objectively be a threat, inducement or promise, and this must subjectively operate on the mind of the particular accused. |
| Garnam Singh v Public Prosecutor | Court of Appeal | Yes | [1994] 1 SLR(R) 1044 | Singapore | Cited for the test that to render a statement involuntary due to drug withdrawal, an accused must be in a state of near delirium, such that his mind did not go with the statements he was making. |
| Jagatheesan s/o Krishnasamy v Public Prosecutor | Court of Appeal | Yes | [2006] 4 SLR 45 | Singapore | Cited for the principle that human fallibility in observation, retention and recollection is both common and understandable. |
| Muhammad Ridzuan bin Ali v Public Prosecutor and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements to establish a charge of trafficking under s 5(1)(a) of the MDA: (i) possession of a controlled drug; (ii) knowledge of the nature of the drug; and (iii) proof that possession of the drug was for the purpose of trafficking which was not authorised. |
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) of the Misuse of Drugs Act | Singapore |
| s 5(2) of the Misuse of Drugs Act | Singapore |
| s 33 of the Misuse of Drugs Act | Singapore |
| s 33B of the Misuse of Drugs Act | Singapore |
| s 18(1) of the Misuse of Drugs Act | Singapore |
| s 18(2) of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 279(1) of the Criminal Procedure Code | Singapore |
| s 279(5) of the Criminal Procedure Code | Singapore |
| s 22 of the Criminal Procedure Code | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- Courier
- Drug Withdrawal
- Presumption of Knowledge
- Voluntariness of Statements
15.2 Keywords
- Diamorphine
- Drug Trafficking
- Singapore
- Misuse of Drugs Act
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 100 |
| Statutory offences | 95 |
| Criminal Law | 90 |
| Sentencing | 80 |
| Criminal Procedure | 70 |
| Evidence Law | 60 |
| Admissibility of evidence | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Evidence
- Sentencing