Public Prosecutor v Mohd Soberi: Trafficking of Diamorphine under Misuse of Drugs Act

In Public Prosecutor v Mohd Soberi bin Pakari, the High Court of Singapore heard the case against Mohd Soberi, who was charged with possession of not less than 21.38g of diamorphine for the purpose of trafficking. The court found that Soberi was in possession of 20.01g of diamorphine after deducting the amount that other individuals had pleaded guilty to possessing. The court further found that Soberi intended to consume 5.7g of diamorphine. The charge was amended to not less than 14.99g, and Soberi was found guilty and sentenced to 26 years’ imprisonment, effective from the date of his remand, 8 July 2016.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Guilty on amended charge; sentenced to 26 years’ imprisonment.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Mohd Soberi was charged with trafficking diamorphine. The court found him guilty of possessing 14.99g of diamorphine and sentenced him to 26 years' imprisonment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyGuilty on amended chargePartial
Shen Wanqin of Attorney-General’s Chambers
Winston Cheng of Attorney-General’s Chambers
Mohd Soberi Bin PakariDefendantIndividualGuilty on amended chargeLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Shen WanqinAttorney-General’s Chambers
Winston ChengAttorney-General’s Chambers
Hassan Esa AlmenoarR. Ramason & Almenoar
Diana FooTan See Swan & Co.
Sheik Umar bin Mohamed BagushairWong & Leow LLC

4. Facts

  1. Soberi was in a flat with friends Satari and Yazid on the evening of 6 July 2016.
  2. Soberi brought diamorphine to the flat for everyone to smoke and for sale.
  3. CNB raided the flat on 7 July 2016 and arrested all three men.
  4. 59 sachets of drugs were found in the flat, containing not less than 21.38g of diamorphine.
  5. Satari and Yazid pleaded guilty to possession of 1.38g and 1.44g of diamorphine respectively.
  6. Soberi was charged for possession of not less than 21.38g of diamorphine for trafficking.
  7. The court found Soberi in possession of 20.01g of diamorphine after deducting the amount Satari and Yazid possessed.
  8. The court found that Soberi intended to consume about 5.7g of diamorphine.

5. Formal Citations

  1. Public Prosecutor v Mohd Soberi bin Pakari, Criminal Case No 69 of 2018, [2019] SGHC 16

6. Timeline

DateEvent
Soberi was in a flat with Satari and Yazid.
CNB raided the flat and arrested Soberi, Satari, and Yazid.
Satari and Yazid were imprisoned.
Trial began.
Trial continued.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Possession of Diamorphine for Trafficking
    • Outcome: The court found the defendant guilty of possession of diamorphine for the purpose of trafficking, but amended the charge to reflect a lower quantity of diamorphine.
    • Category: Substantive

8. Remedies Sought

  1. Imprisonment

9. Cause of Actions

  • Trafficking of Diamorphine
  • Possession of Diamorphine

10. Practice Areas

  • Criminal Law
  • Drug Trafficking

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Possession
  • Central Narcotics Bureau
  • Hari Raya

15.2 Keywords

  • diamorphine
  • drug trafficking
  • Singapore
  • criminal law
  • Misuse of Drugs Act

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law90
Statutory offences80
Sentencing60
Theft10

16. Subjects

  • Criminal Law
  • Drug Offences