PP v Fazali Bin Mohamed: Trafficking in Cannabis and Cannabis Mixture under the Misuse of Drugs Act
In Public Prosecutor v Fazali Bin Mohamed, the High Court of Singapore convicted Fazali Bin Mohamed on two charges of trafficking in cannabis and cannabis mixture under the Misuse of Drugs Act. The court found that Fazali possessed the drugs for the purpose of trafficking and knew the nature of the drugs. Fazali was sentenced to the mandatory death penalty for each charge. The accused has appealed against both conviction and sentence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused convicted on both charges and sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Fazali Bin Mohamed was convicted of trafficking cannabis and cannabis mixture under the Misuse of Drugs Act and sentenced to death. The court found he possessed the drugs for trafficking.
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 | Eugene Lee, Shen Wanqin |
| Fazali Bin Mohamed | Defendant | Individual | Convicted and sentenced to death | Lost | Johan Bin Ismail, Lam Wai Seng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Pang Khang Chau | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eugene Lee | Attorney-General’s Chambers |
| Shen Wanqin | Attorney-General’s Chambers |
| Johan Bin Ismail | Johan Ismail & Co |
| Lam Wai Seng | Lam W.S. & Co |
4. Facts
- Accused was arrested on 16 March 2015 at Block 55 Sims Drive.
- Searches at the accused's residence revealed vegetable matter containing cannabis and cannabis mixture.
- The vegetable matter was found to contain not less than 1,838.8 grams of cannabis.
- The vegetable matter was found to contain not less than 2,775.34 grams of cannabis mixture.
- The accused received the drugs from individuals known as Boy Jack and Boy Siva.
- The accused's DNA was found on bags containing the drugs.
- The accused claimed he did not know the bags contained cannabis and cannabis mixture.
5. Formal Citations
- Public Prosecutor v Fazali bin Mohamed, Criminal Case No 24 of 2017, [2018] SGHC 23
6. Timeline
| Date | Event |
|---|---|
| Accused arrested at Block 55 Sims Drive. | |
| Trial began. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Judgment issued. |
7. Legal Issues
- Possession of a Controlled Drug
- Outcome: The court found that the accused was in possession of the drugs.
- Category: Substantive
- Knowledge of the Nature of the Drug
- Outcome: The court found that the accused knew the nature of the drugs, and the accused failed to rebut the presumption under s 18(2) of the MDA.
- Category: Substantive
- Possession for the Purpose of Trafficking
- Outcome: The court found that the accused possessed the drugs for the purpose of trafficking.
- Category: Substantive
- Unauthorised Trafficking
- Outcome: The court found that the trafficking was not authorized by the MDA or the regulations made thereunder.
- Category: Substantive
8. Remedies Sought
- Conviction
- Mandatory Death Penalty
9. Cause of Actions
- Trafficking in Cannabis
- Trafficking in Cannabis Mixture
10. Practice Areas
- Criminal Litigation
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mohd Halmi bin Hamid and another v Public Prosecutor | High Court | Yes | [2006] 1 SLR(R) 548 | Singapore | Cited for the principle that the presumptions in sections 17 and 18 of the Misuse of Drugs Act cannot be applied conjunctively. |
| Raman Selvam s/o Renganathan v Public Prosecutor | High Court | Yes | [2004] 1 SLR(R) 550 | Singapore | Cited for the conditions necessary for a conviction for an offence under s 5(1)(a) read with s 5(2) of the MDA. |
| Dinesh Pillai a/l K Raja Retnam v Public Prosecutor | High Court | Yes | [2012] 2 SLR 903 | Singapore | Cited for the principle that to rebut the s 18(2) presumption, the Accused needed to prove on the balance of probability that he did not know or could not reasonably be expected to have known the nature of the Drugs. |
| Obeng Comfort v Public Prosecutor | High Court | Yes | [2017] 1 SLR 633 | Singapore | Cited for the principle that in a case where the accused is seeking to rebut the presumption of knowledge under s 18(2) of the MDA, he should be able to say what he thought or believed he was carrying. |
| Harven a/l Segar v Public Prosecutor | Court of Appeal | Yes | [2017] SGCA 16 | Singapore | Cited to determine whether an individual was a material witness. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 2 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 261(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis
- Cannabis Mixture
- Trafficking
- Misuse of Drugs Act
- Presumption of Knowledge
- Possession
- Controlled Drug
15.2 Keywords
- Drug Trafficking
- Cannabis
- Singapore
- Misuse of Drugs Act
- Criminal Law
16. Subjects
- Criminal Law
- Drug Trafficking
- Statutory Interpretation
17. Areas of Law
- Criminal Law
- Statutory Offences
- Misuse of Drugs Act