PP v Suhaimi Bin Said: Drug Trafficking under the Misuse of Drugs Act
In [2017] SGHC 86, Public Prosecutor v Suhaimi Bin Said, the High Court of Singapore convicted Suhaimi Bin Said for drug trafficking under Section 5(1)(a) read with Section 5(2) of the Misuse of Drugs Act. The court found that Suhaimi possessed not less than 45.58 grams of diamorphine for the purpose of trafficking. The court rejected the defense's argument that Suhaimi was a mere courier under Section 33B(2)(a) of the MDA because he repacked the drugs. The court imposed the mandatory death sentence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused convicted on the charge; mandatory sentence of death imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Suhaimi Bin Said was convicted of drug trafficking under Singapore's Misuse of Drugs Act for possessing diamorphine for distribution. The court imposed the mandatory death sentence.
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 | Rachel Ng of Attorney-General’s Chambers Lu Zhuoren of Attorney-General’s Chambers John of Attorney-General’s Chambers |
| Suhaimi Bin Said | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Foo Chee Hock | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Rachel Ng | Attorney-General’s Chambers |
| Lu Zhuoren | Attorney-General’s Chambers |
| John | Attorney-General’s Chambers |
| Laurence Goh | Laurence Goh Eng Yau & Co |
| Peter Ong | Templars Law LLC |
4. Facts
- The accused was arrested on 19 June 2014 at Sin Ming Industrial Estate.
- The accused possessed 83 packets containing not less than 45.58g of diamorphine.
- The accused admitted to repacking two batus of diamorphine into 90 small packets.
- The accused received instructions to deliver the diamorphine to various people.
- The accused admitted the diamorphine was for selling.
- The accused was found with a digital weighing scale and numerous empty plastic packets.
5. Formal Citations
- Public Prosecutor v Suhaimi Bin Said, Criminal Case No 55 of 2016, [2017] SGHC 86
6. Timeline
| Date | Event |
|---|---|
| Accused arrested by CNB officers | |
| Trial began | |
| Trial continued | |
| Trial continued | |
| Trial continued | |
| Hearing date | |
| Judgment delivered |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of drug trafficking.
- Category: Substantive
- Related Cases:
- [2014] 3 SLR 721
- [2011] 4 SLR 1156
- Whether the accused was a mere courier under s 33B(2)(a) of the Misuse of Drugs Act
- Outcome: The court found that the accused was not a mere courier.
- Category: Substantive
- Related Cases:
- [2015] SGHC 126
- [2015] 1 SLR 834
- [2017] 3 SLR 66
8. Remedies Sought
- Conviction
- Death Sentence
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rosman bin Abdullah v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 10 | Singapore | Cited regarding the difficulties that could arise out of collateral evidence. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | High Court | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements of the offence under s 5(1)(a) read with s 5(2) of the MDA. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | High Court | Yes | [2011] 4 SLR 1156 | Singapore | Cited regarding the finding of knowledge on the accused’s part. |
| Public Prosecutor v Christeen d/o Jayamany and another | High Court | Yes | [2015] SGHC 126 | Singapore | Cited for guidance on the key factors to consider when determining whether an offender was a mere courier. |
| Public Prosecutor v Chum Tat Suan and another | Court of Appeal | Yes | [2015] 1 SLR 834 | Singapore | Cited for the intention of Parliament for the Courier Exception to apply only in very narrow circumstances. |
| Public Prosecutor v Ranjit Singh Gill Menjeet Singh and another | High Court | Yes | [2017] 3 SLR 66 | Singapore | Cited for the principle that whether an offender was a courier necessarily involved a highly fact-specific inquiry. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Section 5(1)(a) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Section 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Section 33(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Section 33B of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B(2)(a) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B(2)(b) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 17(c) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Courier Exception
- Repacking
- Batu
15.2 Keywords
- Drug Trafficking
- Misuse of Drugs Act
- Diamorphine
- Singapore
- Criminal Law
- Death Penalty
- Courier
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Offences | 70 |
| Sentencing | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing