Public Prosecutor v. Abdul Ishak: Importation of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v. Abdul Ishak, the High Court of Singapore convicted Abdul Ishak bin Mohd Shah for importing not less than 45.78g of diamorphine into Singapore, violating Section 7 of the Misuse of Drugs Act. Despite the offense carrying a potential death penalty, the court, presided over by Lee Seiu Kin J, exercised its discretion under Section 33B(1)(a) of the MDA, sentencing Ishak to life imprisonment and 15 strokes of the cane, finding that he acted as a mere courier and met the conditions under Sections 33B(2)(a) and 33B(2)(b) of the MDA.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused convicted; sentenced to life imprisonment and 15 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Abdul Ishak was convicted of importing diamorphine into Singapore under the Misuse of Drugs Act. The court imposed life imprisonment and caning after finding he acted as a courier.
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 | Marcus Foo of Attorney-General’s Chambers Mark Jayaratnam of Attorney-General’s Chambers |
| Abdul Ishak bin Mohd Shah | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Marcus Foo | Attorney-General’s Chambers |
| Mark Jayaratnam | Attorney-General’s Chambers |
| Ho Thiam Huat | T H Ho Law Chambers |
| Ismail Hamid | A. Rohim Noor Lila LLP |
4. Facts
- The accused was asked by 'Kana' to deliver a bag from Malaysia to Singapore for 2000 Malaysian Ringgit.
- The accused boarded a taxi at Larkin Central, Malaysia, as instructed by Kana.
- The accused sat behind the driver, where a red plastic bag containing drugs was found.
- The accused felt a bump near his feet, lifted the mat, and felt the plastic bag containing rounded objects.
- The accused's DNA was found on the exterior surface of one of the black-taped bundles.
- The accused claimed he thought he was carrying a bag of clothes.
- The accused was observed to be nervous by ICA officers at the Woodlands Checkpoint.
5. Formal Citations
- Public Prosecutor v Abdul Ishak bin Mohd Shah, Criminal Case No 63 of 2017, [2018] SGHC 50
6. Timeline
| Date | Event |
|---|---|
| Accused entered Singapore through Woodlands Checkpoint. | |
| Accused arrested. | |
| Trial began. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Trial continues. | |
| Judgment issued. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found the accused guilty of importing a controlled drug into Singapore.
- Category: Substantive
- Related Cases:
- [2013] 3 SLR 1052
- [2017] 2 SLR 571
- Possession of Controlled Drugs
- Outcome: The court determined that the accused was in possession of the drugs.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 633
- Knowledge of the Nature of Drugs
- Outcome: The court found that the accused failed to rebut the presumption that he knew the nature of the drugs.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 633
8. Remedies Sought
- Punishment under the Misuse of Drugs Act
9. Cause of Actions
- Importation of Controlled Drugs
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 Adnan bin Kadir | Court of Appeal | Yes | [2013] 3 SLR 1052 | Singapore | Cited to define the term 'import' under s 7 of the Misuse of Drugs Act. |
| Pham Duyen Quyen v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 571 | Singapore | Cited to illustrate that possession and knowledge may be established using the presumptions under ss 18(1) and 18(2) of the MDA in the context of a charge of importation. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited to explain the application of s 18(1) of the MDA, dealing with secondary possession, and the rebuttal of presumptions. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | Unknown | Yes | [2011] 4 SLR 1156 | Singapore | Cited to clarify that s 18(2) of the MDA refers to the nature of the specific controlled drug found in possession. |
| Van Damme Johannes v Public Prosecutor | Unknown | Yes | [1993] 3 SLR(R) 694 | Singapore | Cited to support the concept of 'possession' even when physical possession is lost, if the accused has the ability to reclaim the item. |
| Warner v Metropolitan Police Commissioner | Unknown | Yes | [1969] 2 AC 256 | England | Cited to define the concept of possession, requiring physical control, knowledge, and intention to possess exclusively. |
| Tan Kiam Peng v Public Prosecutor | Unknown | Yes | [2008] 1 SLR(R) 1 | Singapore | Cited to endorse the concept of possession set out in Warner v Metropolitan Police Commissioner. |
| Dinesh Pillai a/l K Raja Retnam v PP | Unknown | Yes | [2012] 2 SLR 903 | Singapore | Cited to explain that to rebut the presumption in s 18(2) of the MDA, the accused must prove that he did not know and could not reasonably be expected to have known the nature of the controlled drug. |
| Public Prosecutor v Christeen d/o Jayamany and another | High Court | Yes | [2015] SGHC 126 | Singapore | Cited for the factors relevant to the analysis of whether an accused is a mere courier. |
| Public Prosecutor v Ng Peng Chong and another | High Court | Yes | [2017] SGHC 99 | Singapore | Cited to show that a plastic bag can be a container within the meaning of s 18(1)(a) of the MDA. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Misuse of Drugs Act s 18(1) | Singapore |
| Misuse of Drugs Act s 18(2) | Singapore |
| Misuse of Drugs Act s 33B(1)(a) | Singapore |
| Misuse of Drugs Act s 33B(2)(a) | Singapore |
| Misuse of Drugs Act s 33B(2)(b) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22 | Singapore |
| Criminal Procedure Code s 264 | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) s 2 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Misuse of Drugs Act
- Importation
- Possession
- Knowledge
- Courier
- Woodlands Checkpoint
- Larkin Central
- Controlled Drug
- Presumption of Possession
- Presumption of Knowledge
15.2 Keywords
- Drugs
- Importation
- Diamorphine
- Singapore
- Criminal Law
- MDA
- Possession
- Courier
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 100 |
| Criminal Law | 90 |
| Statutory offences | 80 |
| Criminal Procedure | 60 |
| Criminal Revision | 40 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Importation of Drugs