Public Prosecutor v Zamri Bin Mohd Tahir: Drug Trafficking under the Misuse of Drugs Act
In Public Prosecutor v Zamri Bin Mohd Tahir, the High Court of Singapore convicted Zamri Bin Mohd Tahir on 3 May 2017 for drug trafficking under the Misuse of Drugs Act. The court found that Zamri possessed diamorphine for the purpose of trafficking. Despite arguments that he was a mere courier, the court determined that he did not meet the requirements for avoiding the death penalty. Consequently, Zamri was sentenced to death for Charge B1, and Charge B2 was withdrawn.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted on Charge B1 and sentenced to death. Charge B2 withdrawn.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Zamri Bin Mohd Tahir was convicted of drug trafficking under the Misuse of Drugs Act for possessing diamorphine for distribution. The court sentenced him to death.
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 | Zhou Yihong of Attorney-General’s Chambers Andrew Tan of Attorney-General’s Chambers |
| Zamri bin Mohd Tahir | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Foo Chee Hock | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Zhou Yihong | Attorney-General’s Chambers |
| Andrew Tan | Attorney-General’s Chambers |
| Ho Thiam Huat | T H Ho Law Chambers |
| Ismail Bin Hamid | A Rohim Noor Lila & Partners |
4. Facts
- Accused was offered a job by Abang to collect and distribute 'barang' (heroin).
- Accused collected five packets containing not less than 40.37g of diamorphine.
- Accused admitted the drug paraphernalia was intended to repack diamorphine.
- Accused stated he would repack the diamorphine if instructed by Abang.
- Accused had previously delivered three consignments of diamorphine for Abang.
- Drug Paraphernalia contained a large number of small plastic packets.
- The Prosecution did not provide a Certificate of Substantive Assistance.
5. Formal Citations
- Public Prosecutor v Zamri Bin Mohd Tahir, Criminal Case No 25 of 2017, [2017] SGHC 79
6. Timeline
| Date | Event |
|---|---|
| Accused contacted by Abang regarding a job involving collection and distribution of 'barang'. | |
| First consignment of diamorphine collected and delivered by the accused. | |
| Second consignment of diamorphine collected and delivered by the accused. | |
| Third consignment of diamorphine collected; accused repacked some of it. | |
| Accused arrested with Fourth Consignment of diamorphine. | |
| Trial began. | |
| Trial concluded. | |
| Judgment issued; accused convicted. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of drug trafficking under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act.
- Category: Substantive
- Related Cases:
- [2014] 3 SLR 721
- [2017] 3 SLR 66
- [2015] 1 SLR 834
- [2017] SGHC 86
- Courier Exception
- Outcome: The court found that the accused did not meet the conditions of the Courier Exception under s 33B(2)(a) of the MDA.
- Category: Substantive
- Related Cases:
- [2017] 3 SLR 66
- [2015] 1 SLR 834
- [2017] SGHC 86
- Admissibility of Similar Fact Evidence
- Outcome: The court determined that the collateral evidence was admissible to determine whether the accused fell within the Courier Exception.
- Category: Procedural
- Related Cases:
- [1996] 2 SLR(R) 178
- [1997] 2 SLR(R) 569
- [1999] SGHC 107
8. Remedies Sought
- Conviction
- Death Penalty
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited to define 'barang' as a street name for diamorphine and for setting out the elements of the offence of trafficking under s 5(1)(a) read with s 5(2) of the MDA. |
| Public Prosecutor v Ranjit Singh Gill Menjeet Singh and another | Court of Appeal | Yes | [2017] 3 SLR 66 | Singapore | Cited for the requirements that must be satisfied before the court could exercise its discretion not to sentence an offender to death under s 33B(1)(a) read with s 33B(2) of the MDA. |
| Public Prosecutor v Chum Tat Suan and another | Court of Appeal | Yes | [2015] 1 SLR 834 | Singapore | Cited for the principle that the Courier Exception was intended by Parliament to apply only in limited circumstances and that s 33B(2)(a) ought to be construed strictly. |
| Public Prosecutor v Suhaimi Bin Said | High Court | Yes | [2017] SGHC 86 | Singapore | Cited for the principle that acts such as repacking that were not necessary for or incidental to the “transporting, sending or delivering” of the drugs would bring the offender beyond the pale of the Courier Exception. |
| Tan Meng Jee v Public Prosecutor | Court of Appeal | Yes | [1996] 2 SLR(R) 178 | Singapore | Cited for the balancing test for admissibility of similar fact evidence. |
| Lee Kwang Peng v Public Prosecutor and another appeal | Court of Appeal | Yes | [1997] 2 SLR(R) 569 | Singapore | Cited for the balancing test for admissibility of similar fact evidence. |
| Public Prosecutor v Radhakrishna Gnanasegaran | High Court | Yes | [1999] SGHC 107 | Singapore | Cited for the balancing test for admissibility of similar fact evidence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| 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 (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 147 | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) ss 11(b) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 14 | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 15 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Courier Exception
- Barang
- Drug Paraphernalia
- Consignment
- Certificate of Substantive Assistance
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Drug Trafficking | 98 |
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Offences | 70 |
| Sentencing | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking