Public Prosecutor v Dominic Martin Fernandez: Trafficking of Diamorphine & Misuse of Drugs Act
In the High Court of Singapore, Dominic Martin Fernandez and Nazeri Bin Lajim were tried for trafficking diamorphine under the Misuse of Drugs Act. Dominic was charged with delivering diamorphine to Nazeri, while Nazeri was charged with possessing it for trafficking purposes. The court found Dominic guilty but sentenced him to life imprisonment and 15 strokes of the cane, finding that he acted as a courier and provided substantive assistance to the Central Narcotics Bureau. Nazeri was found guilty of trafficking and sentenced to death.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Dominic Martin Fernandez sentenced to life imprisonment and 15 strokes of the cane; Nazeri Bin Lajim sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Dominic Martin Fernandez and Nazeri Bin Lajim were charged with trafficking diamorphine. Dominic received life imprisonment and 15 strokes of the cane, while Nazeri received the death sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial | Partial | Jane Lim Ern Hui of Attorney-General’s Chambers Ng Cheng Thiam of Attorney-General’s Chambers |
| Nazeri bin Lajim | Defendant | Individual | Lost | Lost | |
| Dominic Martin Fernandez | Defendant | Individual | Partial | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Senior Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jane Lim Ern Hui | Attorney-General’s Chambers |
| Ng Cheng Thiam | Attorney-General’s Chambers |
| Skandarajah s/o Selvarajah | S Skandarajah & Co |
| Masih James Bahadur | James Masih & Company |
| Seah Eng Chee Rupert | Rupert Seah & Co. |
| Tan Chin Aik Joseph | Teo Keng Siang LLC |
4. Facts
- Dominic delivered two bundles to Nazeri at the junction of Anguilla Park and Orchard Road.
- The bundles contained a total of 906.4 grams of granular/powdery substance.
- The substance was found to contain not less than 35.41 grams of diamorphine.
- Nazeri had $10,450 in two envelopes, which he gave to Dominic.
- Dominic claimed he was doing a favor for his friend Kumar and did not know what the bundles contained.
- Nazeri claimed he only ordered one bundle of heroin and did not know why he received two.
- Dominic admitted to Jean Tan that he knew the bundles contained drugs.
5. Formal Citations
- Public Prosecutor v Dominic Martin Fernandez and another, Criminal Case No 40 of 2015, [2017] SGHC 226
6. Timeline
| Date | Event |
|---|---|
| Dominic and Nazeri arrested by Central Narcotics Bureau officers | |
| Dominic and Nazeri's contemporaneous statements recorded | |
| Dominic's first investigation statement recorded | |
| Dominic's second investigation statement recorded | |
| Nazeri's first, second and third investigation statements recorded | |
| Jean Tan interviewed Dominic | |
| Jean Tan interviewed Dominic | |
| Trial began | |
| Trial concluded | |
| Judgment issued |
7. Legal Issues
- Trafficking of Controlled Drugs
- Outcome: Both defendants were found guilty of trafficking diamorphine.
- Category: Substantive
- Presumption of Knowledge
- Outcome: Dominic failed to rebut the presumption that he knew the bundles contained diamorphine.
- Category: Substantive
8. Remedies Sought
- Punishment under s 33(1) of the Misuse of Drugs Act
- Punishment under s 33B of the Misuse of Drugs Act
9. Cause of Actions
- Trafficking in a Controlled Drug
10. Practice Areas
- Criminal Law
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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(1) of the Misuse of Drugs Act | Singapore |
| s 33B 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 |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Controlled Drug
- Courier
- Substantive Assistance
- Presumption of Knowledge
- Central Narcotics Bureau
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Drug Trafficking | 90 |
| Criminal Procedure | 70 |
| Sentencing | 60 |
| Evidence | 60 |
| Statutory Interpretation | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Misuse of Drugs