Public Prosecutor v Abd Helmi: Trafficking Diamorphine & Knowledge of Drug Nature
In Public Prosecutor v Abd Helmi bin Ab Halim, the High Court of Singapore convicted Abd Helmi of possessing not less than 16.56 grams of diamorphine for the purpose of trafficking, an offence under the Misuse of Drugs Act. The court, presided over by See Kee Oon J, found that Abd Helmi knowingly possessed the diamorphine, rejecting his defense of ignorance. The judgment was delivered on June 1, 2017. The court sentenced the accused to the mandatory death penalty.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty as charged and convicted accordingly.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Abd Helmi was convicted of possessing diamorphine for trafficking. The court found he knew the substance was diamorphine, rejecting his claim of ignorance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Guilty as charged | Won | Christine Liu of Attorney-General’s Chambers Jasmine Chin-Sabado of Attorney-General’s Chambers |
| Abd Helmi bin Ab Halim | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christine Liu | Attorney-General’s Chambers |
| Jasmine Chin-Sabado | Attorney-General’s Chambers |
| Wong Li-Yen Dew | Dew Chambers |
| Mohamed Muzammil Bin Mohamed | Muzammil & Company |
4. Facts
- The accused, a Malaysian national, was arrested for drug trafficking.
- The accused was found in possession of not less than 16.56 grams of diamorphine.
- The diamorphine was found in a packet of brown granular substance.
- The accused admitted to being in possession of the drug exhibits.
- The accused claimed he did not know the brown substance was drugs.
- The accused claimed he thought the substance was Milo powder or 'jamu'.
5. Formal Citations
- Public Prosecutor v Abd Helmi bin Ab Halim, Criminal Case No 11 of 2017, [2017] SGHC 135
6. Timeline
| Date | Event |
|---|---|
| Accused rode motorcycle into car park of Block 123 Teck Whye Lane. | |
| Accused arrested by CNB officers. | |
| Chua Kian Yong arrested by CNB officers. | |
| Contemporaneous statement recorded from the accused. | |
| Cautioned statement recorded from the accused. | |
| Investigative statements recorded from the accused. | |
| Investigative statements recorded from the accused. | |
| Accused convicted and sentenced. | |
| Judgment issued. |
7. Legal Issues
- Possession of Controlled Drug for Trafficking
- Outcome: The court found the accused guilty of possessing diamorphine for the purpose of trafficking.
- Category: Substantive
- Knowledge of the Nature of the Drug
- Outcome: The court found that the accused knew the substance in his possession was diamorphine.
- Category: Substantive
8. Remedies Sought
- Conviction
- Mandatory Death Penalty
9. Cause of Actions
- Trafficking in Controlled Drugs
10. Practice Areas
- Criminal Litigation
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Farida Begam d/o Mohd Artham v Public Prosecutor | Court of Appeal | Yes | [2001] 3 SLR(R) 592 | Singapore | Cited for the principle that an accused person's lies can amount to corroboration, indicating a consciousness of guilt. |
| Public Prosecutor v Yeo Choon Poh | Court of Appeal | Yes | [1993] 3 SLR(R) 302 | Singapore | Cited for the principle that an accused person's lies can amount to corroboration because it indicates a consciousness of guilt. |
| Poon Soh Har and another v Public Prosecutor | Not Available | Yes | [1977] 2 MLJ 126 | Malaysia | Distinguished on its facts, as the Prosecution's case against the accused did not depend solely on similar fact evidence to establish guilt. |
| Dinesh Pillai a/l K Raja Retnam v Public Prosecutor | Court of Appeal | Yes | [2012] 2 SLR 903 | Singapore | Cited for the principle that the accused had to prove, on a balance of probabilities, that he did not know or could not reasonably be expected to have known that the Exhibit A2 contained diamorphine. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | Court of Appeal | Yes | [2011] 4 SLR 1156 | Singapore | Cited for the principle that the words 'the nature of that drug' in s 18(2) of the MDA were simply a reference to the actual controlled drug found in the 'thing' which was proved or presumed to be in the possession of the accused at the material time. |
| Masoud Rahimi bin Mehrzad v Public Prosecutor and another appeal | Court of Appeal | Yes | [2017] 1 SLR 257 | Singapore | Cited for the principle that knowledge in s 18(2) of the MDA encompassed both actual knowledge and wilful blindness. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for guidance on the relevant considerations in ascertaining whether an accused has proved on a balance of probabilities that he did not know the nature of the drug. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| 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 s 2 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 264 | Singapore |
| Criminal Procedure Code s 23 | Singapore |
| Criminal Procedure Code s 22 | Singapore |
| Misuse of Drugs Act s 21 | Singapore |
| Misuse of Drugs Act s 18 | Singapore |
| Misuse of Drugs Act s 18(1)(a) | Singapore |
| Misuse of Drugs Act s 18(2) | Singapore |
| Criminal Procedure Code s 147 | Singapore |
| Misuse of Drugs Act s 33B(2)(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- Panas
- Milo powder
- Jamu
- Controlled drug
15.2 Keywords
- Drug trafficking
- Diamorphine
- Singapore
- Criminal Law
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Evidence Law | 30 |
| Admissibility of evidence | 30 |
| Theft | 10 |
16. Subjects
- Criminal Law
- Drug Trafficking