Mohd Aziz v Public Prosecutor: Appeal Against Conviction for Drug Trafficking
Mohd Aziz bin Hussain appealed to the Court of Appeal of Singapore against his conviction by the trial judge for possession of not less than 49.98g of diamorphine for the purpose of trafficking under the Misuse of Drugs Act. The Court of Appeal, comprising Judith Prakash JA, Tay Yong Kwang JA, and Chao Hick Tin SJ, heard the appeal on 9 November 2018 and dismissed it on 15 November 2018, upholding the trial judge's findings.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Oral Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Mohd Aziz appeals against his conviction for possession of diamorphine for trafficking. The Court of Appeal dismisses the appeal, upholding the trial judge's findings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Tan Zhongshan of Attorney-General’s Chambers Kenny Yang of Attorney-General’s Chambers |
| MOHD AZIZ BIN HUSSAIN | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge of Appeal | Yes |
| Tay Yong Kwang | Judge of Appeal | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Zhongshan | Attorney-General’s Chambers |
| Kenny Yang | Attorney-General’s Chambers |
| Aaron Lee Teck Chye | Allen & Gledhill LLP |
| Marc Wenjie Malone | Allen & Gledhill LLP |
| Loo Khee Sheng | KS Loo & Co |
4. Facts
- The appellant was convicted of possessing not less than 49.98g of diamorphine for trafficking.
- Two prosecution witnesses, Mr. Rashid and Ms. Nordiana, gave evidence implicating the appellant.
- The appellant gave eight inculpatory statements admitting possession and knowledge of the drugs.
- CNB officers conducted a stakeout operation on the day of the appellant's arrest.
- The appellant argued that the Judge placed undue weight on the evidence of Mr Rashid and Ms Nordiana.
- The appellant argued that the Judge placed undue weight on the eight inculpatory statements given by the appellant.
- The appellant emphasized that none of the CNB officers saw him carrying the pink paper bag.
5. Formal Citations
- Mohd Aziz bin Hussain v Public Prosecutor, Criminal Appeal No 64 of 2017, [2018] SGCA 77
6. Timeline
| Date | Event |
|---|---|
| Events of the morning | |
| Appeal heard | |
| Judgment delivered |
7. Legal Issues
- Possession of Diamorphine for Trafficking
- Outcome: The court upheld the conviction for possession of diamorphine for trafficking.
- Category: Substantive
- Reliability of Witness Testimony
- Outcome: The court found that the trial judge did not err in placing weight on the evidence of the witnesses.
- Category: Procedural
- Sub-Issues:
- Inconsistent evidence
- Contradicted by objective evidence
- Admissibility and Weight of Inculpatory Statements
- Outcome: The court found that there was a consistent thread running through the statements and that the appellant could not furnish a satisfactory explanation for the admissions made.
- Category: Procedural
- Sub-Issues:
- Material inconsistencies between statements
- Unreliable statements
8. Remedies Sought
- Appeal against conviction and sentence
9. Cause of Actions
- Possession of drugs for the purpose of trafficking
10. Practice Areas
- Criminal Appeals
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| ss 5(1)(a) read with 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 17 of the MDA | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Inculpatory statements
- CNB officers
- Stakeout operation
- Possession
- Misuse of Drugs Act
15.2 Keywords
- Drug trafficking
- Criminal appeal
- Singapore
- Misuse of Drugs Act
- Diamorphine
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Evidence | 70 |
| Admissibility of evidence | 60 |
| Appeal | 60 |
| Adverse inferences | 50 |
| Sentencing | 40 |
16. Subjects
- Criminal Law
- Drug Offences
- Appeals