Public Prosecutor v Razak bin Bashir: Sentencing for Drug Trafficking under the Misuse of Drugs Act
In [2017] SGHC 33, the High Court of Singapore, presided over by Woo Bih Li J, sentenced Razak bin Bashir to an aggregate of 22 years and three months for drug offenses under the Misuse of Drugs Act. The charges included possession of diamorphine for trafficking, consumption of monoacetylmorphine, and possession of diamorphine. The court considered arguments from both the prosecution and defense regarding the appropriate sentencing range, ultimately imposing sentences within the defense's sought range, with an additional term of imprisonment in lieu of caning for the first charge. The accused appealed the sentence as excessive.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to an aggregate sentence of 22 years and three months.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Razak bin Bashir was sentenced to 22 years and three months for drug offenses under the Misuse of Drugs Act, including trafficking diamorphine.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentenced Accused | Won | Terence Chua of Attorney-General’s Chambers Tan Yan Ying of Attorney-General’s Chambers |
| Razak bin Bashir | Defendant | Individual | Aggregate sentence of 22 years and three months | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Terence Chua | Attorney-General’s Chambers |
| Tan Yan Ying | Attorney-General’s Chambers |
| Sunil Sudheesan | Quahe Woo & Palmer LLC |
| Diana Ngiam | Quahe Woo & Palmer LLC |
4. Facts
- The accused faced charges under the Misuse of Drugs Act.
- The Prosecution proceeded with charges for possession and trafficking of diamorphine, and consumption of monoacetylmorphine.
- The actual quantity of diamorphine involved was 20.52g, higher than the 15g threshold for a capital charge.
- The Accused had prior drug-related convictions and had been detained under the Criminal Law (Temporary Provisions) Act.
- The Accused was more than 50 years of age at the date of the offence, exempting him from caning.
- The Defence argued the Accused was cooperative and pleaded guilty as soon as a capital charge was reduced.
5. Formal Citations
- Public Prosecutor v Razak bin Bashir, Criminal Case No 7 of 2017, [2017] SGHC 33
6. Timeline
| Date | Event |
|---|---|
| Date of the three offences for which he was convicted | |
| Accused’s plea of guilt accepted | |
| Conviction of the accused | |
| Sentencing arguments heard | |
| Sentenced to an aggregate sentence of 22 years and three months | |
| Judgment issued |
7. Legal Issues
- Appropriate sentencing framework
- Outcome: The court determined the appropriate sentence based on the quantity of drugs, the offender's culpability, aggravating and mitigating factors, and drug-related antecedents.
- Category: Substantive
- Related Cases:
- [2015] 5 SLR 122
- [2016] 3 SLR 261
- Whether imprisonment in lieu of caning appropriate
- Outcome: The court held that an additional sentence of imprisonment should be imposed in lieu of caning to deter individuals exempted from caning from trafficking, unless there are special circumstances to justify otherwise.
- Category: Substantive
- Related Cases:
- [2016] 3 SLR 261
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Drug Trafficking
- Drug Possession
- Drug Consumption
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Vasentha d/o Joseph v PP | unknown | Yes | [2015] 5 SLR 122 | Singapore | Cited for the approach to sentencing in drug trafficking cases, emphasizing that the quantity of drugs is a key factor but not the sole or overriding factor. |
| PP v Kisshahllini a/p Paramesuvaran | unknown | Yes | [2016] 3 SLR 261 | Singapore | Cited for the principle that an additional sentence of imprisonment should be imposed in lieu of caning to deter individuals exempted from caning from trafficking. |
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) read with s 5(2) of the MDA | Singapore |
| s 8(b)(ii) of the MDA | Singapore |
| s 8(a) of the MDA | Singapore |
| s 9 of the MDA | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 307(1) of the CPC | Singapore |
| s 325(2) of the CPC | Singapore |
| Criminal Law (Temporary Provisions) Act (Cap 67, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Misuse of Drugs Act
- Trafficking
- Sentencing
- Imprisonment in lieu of caning
- Monoacetylmorphine
- Criminal Procedure Code
- Drug-related antecedents
15.2 Keywords
- Drug trafficking
- Diamorphine
- Sentencing
- Singapore High Court
- Misuse of Drugs Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 99 |
| Sentencing | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 80 |
16. Subjects
- Criminal Law
- Drug Offences
- Sentencing