Zainudin bin Mohamed v Public Prosecutor: Drug Trafficking, Courier Exception, and Misuse of Drugs Act
In Zainudin bin Mohamed v Public Prosecutor, the Court of Appeal of Singapore heard an appeal on February 12, 2018, concerning the Misuse of Drugs Act and whether the appellant, Zainudin bin Mohamed, qualified as a 'courier' under section 33B(2)(a) of the Act. The court dismissed the appeal, affirming the High Court's decision to impose the death sentence, finding that Zainudin's involvement in repacking drugs for distribution disqualified him from being considered a mere courier.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal clarifies the 'courier' exception under the Misuse of Drugs Act, focusing on drug division and packing activities.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zainudin bin Mohamed | Appellant | Individual | Appeal Dismissed | Lost | Eugene Singarajah Thuraisingam, Suang Wijaya, Dendroff Jason Peter |
| Public Prosecutor | Respondent | Government Agency | Judgment Upheld | Won | Ong Luan Tze, Carene Poh, Sia Jiazheng |
| Shanti Krishnan | Other | Individual | Life Imprisonment | Other |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Judge of Appeal | No |
| Steven Chong | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eugene Singarajah Thuraisingam | Eugene Thuraisingam LLP |
| Suang Wijaya | Eugene Thuraisingam LLP |
| Dendroff Jason Peter | J P Dendroff & Co |
| Ong Luan Tze | Attorney-General’s Chambers |
| Carene Poh | Attorney-General’s Chambers |
| Sia Jiazheng | Attorney-General’s Chambers |
4. Facts
- The appellant was found in possession of not less than 22.73g of diamorphine.
- The appellant was arrested while in the process of repacking one bundle of controlled drugs into two smaller packets.
- The appellant claimed he was instructed by 'Boy Ahmad' to repack the diamorphine into smaller packets.
- The appellant was to receive $300 for his efforts each time.
- The appellant had previously received diamorphine and repacked it into smaller packets for distribution.
- The appellant elected to remain silent at the close of the Prosecution’s case and did not give oral evidence in his defence.
5. Formal Citations
- Zainudin bin Mohamed v Public Prosecutor, Criminal Appeal No 29 of 2016, [2018] SGCA 8
- Public Prosecutor v Zainudin bin Mohamed and another, , [2016] SGHC 245
6. Timeline
| Date | Event |
|---|---|
| Mandatory death penalty for specified drug trafficking offences introduced in Singapore. | |
| DPM Teo delivers a statement in Parliament on enhancing drug control framework and review of the death penalty. | |
| Parliament debates the Misuse of Drugs (Amendment) Bill. | |
| Misuse of Drugs (Amendment) Bill passed in Parliament. | |
| Section 33B of the Misuse of Drugs Act comes into force. | |
| Appellant met 'Boy Ahmad' to discuss arrangements for trafficking diamorphine. | |
| Appellant received diamorphine from Shanti Krishnan and divided one of the packets into two. | |
| 'Boy Ahmad' passed the Appellant an envelope containing $8,200 in cash, as well as another payment of $300. | |
| Appellant received diamorphine from Shanti Krishnan and was arrested by CNB officers. | |
| Trial held in High Court. | |
| See Kee Oon JC found both accused persons had committed the offence under s 5(1) of the MDA. | |
| Judge imposed the mandatory death penalty on the Appellant. | |
| Appeal hearing. | |
| Judgment reserved. |
7. Legal Issues
- Whether the appellant was a 'courier' under s 33B(2)(a) of the Misuse of Drugs Act.
- Outcome: The court held that the appellant was not a 'courier' because his involvement extended beyond merely transporting, sending, or delivering drugs, as he was also involved in repacking the drugs for distribution.
- Category: Substantive
8. Remedies Sought
- Appeal against the sentence of death
9. Cause of Actions
- Possession of diamorphine for the purpose of trafficking
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Chum Tat Suan and another | Court of Appeal | Yes | [2015] 1 SLR 834 | Singapore | Cited for the definition of a 'courier' and the principle that packing is not an act contemplated within the meaning of 'transporting, sending or delivering' under s 33B(2)(a) of the MDA. |
| Public Prosecutor v Abdul Haleem bin Abdul Karim and another | High Court | Yes | [2013] 3 SLR 734 | Singapore | Cited for observations on the narrow meaning to be accorded to the definition of a 'courier' in s 33B(2)(a) of the MDA. |
| Attorney-General v Ting Choon Meng and another appeal | Court of Appeal | Yes | [2017] 1 SLR 373 | Singapore | Cited for the principles of statutory interpretation. |
| Tan Cheng Bock v Attorney-General | Court of Appeal | Yes | [2017] 2 SLR 850 | Singapore | Cited for the principles of statutory interpretation. |
| Public Prosecutor v Low Kok Heng | N/A | Yes | [2007] 4 SLR(R) 183 | Singapore | Cited for the principle of purposive interpretation of statutes. |
| Public Prosecutor v Azahari bin Ahmad and another | High Court | Yes | [2016] SGHC 101 | Singapore | Cited for the principle that incidental act of storage or safe-keeping by the accused person in the course of transporting, sending or delivering the drugs would not mean that he is also playing the role of storing or safekeeping drugs within the drug syndicate. |
| Public Prosecutor v Christeen d/o Jayamany and another | High Court | Yes | [2015] SGHC 126 | Singapore | Cited for the narrowness of the definition of a courier in s 33B(2)(a). |
| Public Prosecutor v Suhaimi bin Said | High Court | Yes | [2017] SGHC 86 | Singapore | Cited for the narrowness of the definition of a courier in s 33B(2)(a). |
| Rosman bin Abdullah v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 10 | Singapore | Cited for the principle that the inquiry as to whether an offender is a courier is a fact-sensitive one in which the court must pay close attention to both the facts as well as the context of the case at hand. |
| Public Prosecutor v Yogaras Poongavanam | High Court | Yes | [2015] SGHC 193 | Singapore | Cited for the principle that the packing contemplated by the Court of Appeal in Chum Tat Suan which would enlarge the role of the deliverer to that beyond a mere courier would be in the nature of someone who packs drugs into bundles as a routine after ensuring that the right type and quantity of drugs go into the right packaging. |
| Public Prosecutor v Syed Suhail bin Syed Zin | High Court | Yes | [2016] SGHC 8 | Singapore | Cited for the principle that the offender was not a mere courier of drugs since he had the intention and the means of repacking the drugs he had obtained from [his supplier] for sale to third parties. |
| Public Prosecutor v Ranjit Singh Gill Menjeet Singh and another | High Court | Yes | [2017] 3 SLR 66 | Singapore | Cited for the principle that a person who does acts which are not a necessary element of moving an object from one point to another goes beyond playing the role of a courier. |
| Public Prosecutor v Siva a/l Sannasi | High Court | Yes | [2015] SGHC 73 | Singapore | Cited for the principle that an accused who had wrapped already packaged drugs in newspaper secured with rubber bands for transportation purposes was a courier. |
| Public Prosecutor v Muhammad Farid bin Sudi and others | High Court | Yes | [2017] SGHC 228 | Singapore | Cited for the principle that wrapping the two bundles in newspaper was purely for the purpose of identifying that these were the bundles to be delivered to Hamzah and it was an act incidental to delivery. |
| Public Prosecutor v Tan Kah Ho and another | High Court | Yes | [2017] SGHC 61 | Singapore | Cited for the principle that the presence of his DNA on the diamorphine bundles together with the phone records proved that he was a packer and instruction giver. |
| Public Prosecutor v Zainudin bin Mohamed and another | High Court | Yes | [2017] 3 SLR 317 | Singapore | Cited for the principle that the act of repacking the drugs was not an act that is contemplated within the meaning of 'transporting, sending or delivering', as set out in s 33B(2)(a) of the MDA and he therefore could not be considered as a courier. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Courier
- Diamorphine
- Misuse of Drugs Act
- Drug Trafficking
- Repacking
- Distribution
- Section 33B
- Substantive Assistance
- Mandatory Death Penalty
- Drug Syndicate
15.2 Keywords
- Drug Trafficking
- Misuse of Drugs Act
- Courier
- Singapore Law
- Criminal Appeal
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing
17. Areas of Law
- Criminal Law
- Statutory Offences
- Criminal Procedure and Sentencing
- Drug Trafficking Law