Public Prosecutor v Abdul Wahid Bin Ismail: Trafficking Diamorphine under Misuse of Drugs Act
In Public Prosecutor v Abdul Wahid Bin Ismail, the High Court of Singapore convicted Abdul Wahid Bin Ismail of trafficking diamorphine under the Misuse of Drugs Act. The court, presided over by Hoo Sheau Peng JC, found the prosecution had proven the charge beyond a reasonable doubt. As the Public Prosecutor did not issue a certificate of substantive assistance, the court imposed the mandatory death sentence. The accused has appealed against his conviction and sentence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Guilty and convicted of 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
Abdul Wahid Bin Ismail was convicted of trafficking diamorphine under the Misuse of Drugs Act. The court imposed the mandatory death sentence as the requirements for alternative sentencing were not met.
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 | Mark Jayaratnam of Attorney-General’s Chambers Rachel Ng of Attorney-General’s Chambers |
| Abdul Wahid Bin Ismail | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mark Jayaratnam | Attorney-General’s Chambers |
| Rachel Ng | Attorney-General’s Chambers |
| Wong Seow Pin | S P Wong & Co |
| Tan Jeh Yaw | S Y Wong Law Chambers |
| Amolat Singh | Amolat & Partners |
4. Facts
- The accused was found in possession of three packets containing not less than 46.64 grams of diamorphine.
- The accused admitted that the drugs were meant for sale.
- The accused claimed he was acting as a courier under the instructions of a person known as 'Abang'.
- The Public Prosecutor did not issue a certificate of substantive assistance.
- The accused was arrested while driving a taxi along Serangoon Road.
- The drugs were found in a spare tyre in the boot of the taxi.
5. Formal Citations
- Public Prosecutor v Abdul Wahid Bin Ismail, Criminal Case No 26 of 2017, [2017] SGHC 87
6. Timeline
| Date | Event |
|---|---|
| Accused trafficked drugs inside a motorcar along Serangoon Road, Singapore. | |
| Accused was arrested by CNB officers. | |
| Trial began. | |
| Trial continued. | |
| Trial concluded. | |
| Judgment delivered. |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court found the accused guilty of trafficking in a controlled drug.
- Category: Substantive
- Alternative Sentencing
- Outcome: The court found that the requirements for alternative sentencing were not met, and the mandatory death sentence was imposed.
- Category: Procedural
8. Remedies Sought
- Acquittal
- Alternative Sentencing
9. Cause of Actions
- Trafficking in a controlled drug
10. Practice Areas
- Criminal Litigation
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Muhammad Ridzuan bin Md Ali v PP and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements of a charge of trafficking under s 5(1)(a) read with s 5(2) of the MDA. |
| PP v Christeen d/o Jayamany and another | High Court | Yes | [2015] SGHC 126 | Singapore | Cited for the principle that the determination of whether an offender is a courier necessarily involves a 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 |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Courier
- Misuse of Drugs Act
- Certificate of Substantive Assistance
- Ubat
- Batu
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 |
| Offences | 80 |
| Sentencing | 70 |
| Criminal Procedure | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing