PP v Mohamad Fadzli & Mohamed Affandi: Drug Trafficking under Misuse of Drugs Act

In Public Prosecutor v Mohamad Fadzli bin Ahmad and Mohamed Affandi bin Rosli, the Singapore High Court addressed charges against Fadzli and Affandi under the Misuse of Drugs Act. Fadzli faced charges for abetting and trafficking diamorphine and methamphetamine, while Affandi faced charges for trafficking diamorphine and methamphetamine. The court found Fadzli guilty of abetting Affandi in trafficking diamorphine (Charge A), trafficking methamphetamine (Charge B), and possession of nimetazepam (Charge C). Affandi was found guilty of trafficking diamorphine (Charge E) and possession of methamphetamine (Charge F). Both were acquitted on other charges. The court imposed the death sentence on Fadzli and Affandi for charges A and E respectively.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Fadzli was found guilty on charges A, B and C and not guilty on charge D. Affandi was found guilty on charges E and F and not guilty on charge G.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case involving Mohamad Fadzli and Mohamed Affandi for drug trafficking. Fadzli was convicted of abetting and trafficking, while Affandi was convicted of trafficking.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyPartialPartial
Tan Wen Hsien of Attorney-General’s Chambers
Terence Szetoh of Attorney-General’s Chambers
MOHAMED AFFANDI BIN ROSLIDefendantIndividualGuilty of trafficking DiamorphineLost
MOHAMAD FADZLI BIN AHMADDefendantIndividualGuilty of abetting Affandi to traffic DiamorphineLost

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuSenior JudgeYes

4. Counsels

Counsel NameOrganization
Tan Wen HsienAttorney-General’s Chambers
Terence SzetohAttorney-General’s Chambers
Sankar s/o Kailasa Thevar SaminathanSterling Law Corporation
Chia Soo MichaelMSC Law Corporation
Hany Soh Hui BinMSC Law Corporation
Ramachandran Shiever SubramaniumGrays LLC
John AbrahamCrossBorders LLC

4. Facts

  1. Fadzli abetted Affandi to possess 132.82 grams of Diamorphine for trafficking.
  2. Fadzli possessed 38.84 grams of Methamphetamine for trafficking.
  3. Fadzli possessed 560 tablets containing Nimetazepam.
  4. Affandi possessed 132.82 grams of Diamorphine for trafficking.
  5. Affandi possessed 8.14 grams of Methamphetamine.
  6. Affandi passed groceries to Fadzli at the MBS carpark.
  7. DNA evidence linked Affandi to methamphetamine found in Fadzli's car.

5. Formal Citations

  1. Public Prosecutor v Mohamad Fadzli bin Ahmad and another, Criminal Case No 53 of 2015, [2017] SGHC 233

6. Timeline

DateEvent
Fadzli abetted Mohamed Affandi Bin Rosli to traffic in Diamorphine (Charge A)
Fadzli trafficked in Methamphetamine (Charge B)
Fadzli possessed Nimetazepam (Charge C)
Fadzli abetted Mohamed Affandi Bin Rosli to traffic in Methamphetamine (Charge D)
Affandi trafficked in Diamorphine (Charge E)
Affandi trafficked in Methamphetamine (Charge F)
Affandi passed Methamphetamine to Fadzli (Charge G)
CNB officers conducted surveillance on Affandi and his vehicle
Mansor and Affandi entered the basement carpark at MBS
Fadzli drove into the MBS carpark and met up with Affandi
Fadzli was arrested along Bayfront Avenue
Affandi was arrested at his workplace at the MBS Fire Command Centre
Trial began
Judgment issued

7. Legal Issues

  1. Drug Trafficking
    • Outcome: The court found both accused guilty of certain drug trafficking charges.
    • Category: Substantive
  2. Abetment
    • Outcome: Fadzli was found guilty of abetting Affandi in trafficking diamorphine.
    • Category: Substantive
  3. Possession of Controlled Drugs
    • Outcome: Both accused were found guilty of possession of controlled drugs.
    • Category: Substantive
  4. Presumption of Knowledge
    • Outcome: The court applied the presumption that the accused knew the nature of the drugs in their possession.
    • Category: Substantive
  5. Chain of Custody
    • Outcome: The court found that there was no break in the chain of custody of the drugs.
    • Category: Procedural
    • Related Cases:
      • [1993] 3 SLR(R) 143
      • [1999] 1 SLR(R) 931
  6. Admissibility of Co-Accused Confession
    • Outcome: The court admitted Affandi's confessions as evidence against Fadzli.
    • Category: Procedural
    • Related Cases:
      • [1993] 3 SLR (R) 566
      • [1995] 3 SLR (R) 90

8. Remedies Sought

  1. Imprisonment
  2. Death Penalty

9. Cause of Actions

  • Drug Trafficking
  • Abetment
  • Possession of Controlled Drugs

10. Practice Areas

  • Criminal Litigation
  • Drug Trafficking

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lai Kam Loy v PPCourt of AppealYes[1993] 3 SLR(R) 143SingaporeCited regarding the need to call every witness to establish the chain of possession of seized drugs.
Satli bin Masot v PPCourt of AppealYes[1999] 1 SLR(R) 931SingaporeCited regarding the need to call every witness to establish the chain of possession of seized drugs.
Chin Seow Noi and others v PPCourt of Criminal AppealYes[1993] 3 SLR (R) 566SingaporeCited for the principle that the confession of a co-accused may be substantive evidence against the accused.
Goh Joon Tong and another v PPCourt of AppealYes[1995] 3 SLR (R) 90SingaporeCited for the effect of the Explanation to section 30 of the Evidence Act.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev. Ed.)Singapore
s 5(1)(a) of the Misuse of Drugs ActSingapore
s 5(2) of the Misuse of Drugs ActSingapore
s 12 of the Misuse of Drugs ActSingapore
s 33(1) of the Misuse of Drugs ActSingapore
s 33B of the Misuse of Drugs ActSingapore
s 8(a) of the Misuse of Drugs ActSingapore
s 21 of the Misuse of Drugs ActSingapore
s 18(2) of the Misuse of Drugs ActSingapore
s 17 of the Misuse of Drugs ActSingapore
s 258(5) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Methamphetamine
  • Nimetazepam
  • Drug Trafficking
  • Abetment
  • Possession
  • Misuse of Drugs Act
  • CNB
  • MBS carpark
  • Panas
  • Ice

15.2 Keywords

  • Drug Trafficking
  • Misuse of Drugs Act
  • Diamorphine
  • Methamphetamine
  • Abetment
  • Singapore High Court
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law70
Criminal Procedure60
Sentencing40
Criminal Revision30
Statutory Interpretation25

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Abetment
  • Statutory Offences