PP v Muhammad Nabill: Trafficking, Misuse of Drugs Act & Sentencing
In [2018] SGHC 268, the High Court of Singapore convicted Muhammad Nabill bin Mohd Fuad of two charges under the Misuse of Drugs Act for trafficking diamorphine and cannabis. The court found that Nabill possessed the drugs for the purpose of trafficking and rejected his defense that he was unaware of the drugs. As the requirements of Section 33B(2)(a) were not satisfied and the Prosecution did not issue a certificate of substantive assistance under Section 33B(2)(b) of the MDA, the court imposed the mandatory death sentence. Nabill has appealed against his conviction and sentence.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Conviction and mandatory death sentence upheld.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Muhammad Nabill was convicted of drug trafficking under the Misuse of Drugs Act and sentenced to death. The court found he possessed diamorphine and cannabis 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 the Prosecution | Won | Chan Yi Cheng of Attorney-General’s Chambers Lau Wing Yum of Attorney-General’s Chambers |
| Muhammad Nabill bin Mohd Fuad | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Audrey Lim | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Yi Cheng | Attorney-General’s Chambers |
| Lau Wing Yum | Attorney-General’s Chambers |
| Hassan Esa Almenoar | R. Ramason & Almenoar |
| Sheik Umar bin Mohamed Bagushair | Wong & Leow LLC |
4. Facts
- Nabill claimed trial to two charges under the Misuse of Drugs Act for trafficking diamorphine and cannabis.
- CNB officers arrested Nabill and Khairul when they were leaving Nabill’s apartment.
- CNB officers seized drugs from Nabill's apartment, including diamorphine and cannabis.
- Nabill's DNA was found on some of the drug packets.
- Nabill gave multiple statements to the CNB, with inconsistent accounts of the events.
- Nabill claimed that another person, Faizal, had brought the drugs to his apartment without his knowledge.
- The court found that Nabill knew that Faizal was bringing drugs to the apartment.
5. Formal Citations
- Public Prosecutor v Muhammad Nabill bin Mohd Fuad, Criminal Case No 61 of 2018, [2018] SGHC 268
6. Timeline
| Date | Event |
|---|---|
| Nabill arrested at Fernvale Link apartment. | |
| Drugs seized from apartment. | |
| Nabill gave contemporaneous statement. | |
| Nabill gave contemporaneous statement. | |
| Nabill subjected to instant urine test. | |
| Nabill's urine sample sent to HSA for testing. | |
| Nabill gave cautioned statement. | |
| Pre-statement medical examination of Nabill conducted. | |
| Post-statement medical examination of Nabill conducted. | |
| Nabill gave statement. | |
| Nabill gave statement. | |
| Nabill gave statement. | |
| Psychiatric evaluation of Nabill conducted. | |
| Psychiatric evaluation of Nabill conducted. | |
| Psychiatric evaluation of Nabill conducted. | |
| Nabill gave cautioned statement. | |
| Nabill gave statement. | |
| Nabill gave statement. | |
| Nabill gave statement. | |
| Trial began. | |
| Trial concluded. | |
| Hearing Date | |
| Judgment Date |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found that the defendant had actual possession of the drugs and knew the nature of the drugs. The court also found that the defendant failed to rebut the presumption of trafficking.
- Category: Substantive
- Sub-Issues:
- Possession of controlled drugs
- Knowledge of the nature of the drug
- Possession for the purpose of trafficking
- Related Cases:
- [2014] 3 SLR 721
- [2018] SGCA 62
- Sentencing
- Outcome: The court found that the requirements of s 33B(2)(a) were not satisfied and the Prosecution did not issue a certificate of substantive assistance under s 33B(2)(b) of the MDA. Accordingly, the court imposed the mandatory sentence of death on Nabill.
- Category: Procedural
- Sub-Issues:
- Application of s 33B of the Misuse of Drugs Act
- Requirements for alternative sentencing
- Related Cases:
- [2018] 1 SLR 449
- Presumption of Trafficking
- Outcome: The court found that the defendant failed to rebut the presumption of trafficking in s 17 of the MDA.
- Category: Substantive
- Presumption of Possession and Knowledge
- Outcome: The court found that the defendant failed to rebut the presumptions of possession and knowledge under ss 18(1) and 18(2) of the MDA.
- Category: Substantive
- Related Cases:
- [2012] 2 SLR 903
- [2017] 1 SLR 633
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Law
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements to be proved for a charge of trafficking under s 5(1)(a) read with s 5(2) of the MDA. |
| Zainal bin Hamad v PP | Singapore Court of Appeal | Yes | [2018] SGCA 62 | Singapore | Cited for the element of possession in drug trafficking cases and the evidential burden on the accused. |
| Hishamrudin bin Mohd v Public Prosecutor | Singapore Court of Appeal | Yes | [2017] SGCA 41 | Singapore | Cited for the principle that the Prosecution can rely on alternative premises of actual and presumed possession of drugs. |
| Muhammad bin Kadar and another v Public Prosecutor | High Court | Yes | [2011] 3 SLR 1205 | Singapore | Cited for the Prosecution’s disclosure obligations. |
| Muhammad bin Kadar and another v Public Prosecutor and another matter | High Court | Yes | [2011] 4 SLR 791 | Singapore | Cited for the Prosecution’s disclosure obligations. |
| Zainudin bin Mohamed v Public Prosecutor | Court of Appeal | Yes | [2018] 1 SLR 449 | Singapore | Cited for the legal burden on the accused to prove involvement in drug trafficking was restricted only to the activities of a courier. |
| Dinesh Pillai a/l K Raja Retnam v Public Prosecutor | High Court | Yes | [2012] 2 SLR 903 | Singapore | Cited for the requirements to rebut the presumptions of possession and knowledge. |
| Obeng Comfort v Public Prosecutor | High Court | Yes | [2017] 1 SLR 633 | Singapore | Cited for the requirements to rebut the presumptions of possession and knowledge. |
| Raman Selvam s/o Renganathan v Public Prosecutor | High Court | Yes | [2004] 1 SLR(R) 550 | Singapore | Cited for the inference of trafficking based on quantity of drugs and other circumstantial evidence. |
| Abdul Kahar bin Othman v Public Prosecutor | Singapore Court of Appeal | Yes | [2016] SGCA 11 | Singapore | Cited for the inference of trafficking based on quantity of drugs and other circumstantial evidence. |
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 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Chapter 185, 2008 Rev Ed) | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 33B of the Misuse of Drugs Act | Singapore |
| s 33B(1)(a) of the Misuse of Drugs Act | Singapore |
| s 33B(2)(a) of the Misuse of Drugs Act | Singapore |
| s 33B(2)(b) of the Misuse of Drugs Act | Singapore |
| ss 17 of the Misuse of Drugs Act | Singapore |
| ss 18(1) of the Misuse of Drugs Act | Singapore |
| ss 18(2) of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 259 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Cannabis
- Trafficking
- Possession
- Knowledge
- Presumption
- Courier
- Drug Withdrawal
- Statements
- CCTV Footage
15.2 Keywords
- Drug Trafficking
- Misuse of Drugs Act
- Diamorphine
- Cannabis
- Singapore
- Criminal Law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 90 |
| Sentencing | 80 |
| Offences | 70 |
| Evidence | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing