Public Prosecutor v Fauzi Bin Sanusi: Importation of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Fauzi Bin Sanusi, the High Court of Singapore convicted Fauzi Bin Sanusi on August 6, 2018, for importing diamorphine into Singapore, an offence under the Misuse of Drugs Act. Fauzi, an Indonesian national, was arrested at Woodlands Checkpoint with not less than 43.28 grams of diamorphine. Despite Fauzi's claim that he was unaware of the drugs, the court found him guilty, imposing life imprisonment and 15 strokes of the cane due to his substantive assistance and limited role in the transportation.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Life imprisonment and 15 strokes of the cane imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Fauzi Bin Sanusi was convicted of importing diamorphine into Singapore. The court imposed life imprisonment and 15 strokes of the cane, considering his limited role and substantive assistance.
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 | John Lu Zhuoren, Rajiv Rai, Deborah Tang Pei Le |
| Fauzi Bin Sanusi | Defendant | Individual | Convicted | Lost | Chung Ting Fai, Zaminder Singh Gill, Ravleen Kaur Khaira |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| John Lu Zhuoren | Public Prosecutor |
| Rajiv Rai | Public Prosecutor |
| Deborah Tang Pei Le | Public Prosecutor |
| Chung Ting Fai | Chung Ting Fai & Co. |
| Zaminder Singh Gill | Hillborne Law LLC |
| Ravleen Kaur Khaira | Francis Khoo & Lim |
4. Facts
- The Accused, Fauzi Bin Sanusi, was arrested on 18 February 2016 at Woodlands Checkpoint.
- ICA officers found a red plastic bag containing not less than 43.28 grams of diamorphine in the trailer driven by the Accused.
- The Accused claimed he was asked by one Muruga to transport "barang" (thing) into Singapore.
- The Accused claimed he did not know what the bag contained or where to deliver it.
- The Prosecution referred to previous deliveries made by the Accused on Muruga’s behalf.
- The Accused was granted a certificate of substantive assistance by the Public Prosecutor under s 33B(2)(b) of the Act.
- The Accused claimed that P38 is not an accurate record of what he said.
5. Formal Citations
- Public Prosecutor v Fauzi Bin Sanusi, Criminal Case No 4 of 2018, [2018] SGHC 177
6. Timeline
| Date | Event |
|---|---|
| Accused arrested on suspicion of trafficking drugs. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Judgment issued. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found the accused guilty of importing diamorphine into Singapore, thereby violating s 7 of the Misuse of Drugs Act.
- Category: Substantive
- Related Cases:
- [1992] 3 SLR(R) 256
- [2017] 1 SLR 633
- [1969] 2 MLJ 89
- [2011] 3 SLR 201
- Presumption of Knowledge
- Outcome: The court applied the presumption of knowledge under s 18(2) of the Misuse of Drugs Act and found that the accused failed to rebut this presumption.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 633
- Presumption of Possession
- Outcome: The court applied the presumption of possession under s 21 of the Misuse of Drugs Act, as the drugs were found in the accused's vehicle, and the accused failed to rebut this presumption.
- Category: Substantive
- Related Cases:
- [1969] 2 MLJ 89
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Importation of a controlled drug
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kwok Chun and anor v PP | High Court | Yes | [1992] 3 SLR(R) 256 | Singapore | Cited to establish the elements required to make out a charge under section 7 of the Misuse of Drugs Act, specifically the need to prove that the drugs were brought voluntarily into Singapore and that the accused had the knowledge or intention to bring the drugs into Singapore. |
| Obeng Comfort v PP | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for the principle that to rebut the presumption of knowledge under s 18(2) of the Misuse of Drugs Act, the accused must adduce evidence that he did not have such knowledge or did not take steps to establish the nature of the drug. |
| PP v Yuvaraj | Not Available | Yes | [1969] 2 MLJ 89 | Malaysia | Cited for the principle that the accused had to show on the balance of probabilities that he was not in actual possession of the drugs. |
| Khor Soon Lee v PP | Court of Appeal | Yes | [2011] 3 SLR 201 | Singapore | Distinguished from the present case; cited to contrast the relationship between the accused and the person who passed him the drugs. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 7 of the Misuse of Drugs Act | Singapore |
| s 18(2) of the Misuse of Drugs Act | Singapore |
| s 21 of the Misuse of Drugs Act | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 33B of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Importation
- Substantive assistance
- Presumption of knowledge
- Presumption of possession
- Woodlands Checkpoint
- Certificate of substantive assistance
15.2 Keywords
- Diamorphine
- Drug Importation
- Singapore Law
- Misuse of Drugs Act
- Criminal Case
- Fauzi Bin Sanusi
16. Subjects
- Criminal Law
- Drug Offences
- Importation of Drugs
17. Areas of Law
- Criminal Law
- Statutory Offences
- Drug Trafficking Law