PP v Mohd Zaini: Conspiracy to Import Drugs under Misuse of Drugs Act
In [2019] SGHC 162, the High Court of Singapore heard the case of Public Prosecutor v Mohd Zaini Bin Zainutdin, Mohd Noor Bin Ismail, and Abdoll Mutaleb Bin Raffik, concerning the importation of diamorphine. Zaini and Noor were charged with importation of drugs with common intention, while Mutaleb faced a charge of abetment by conspiracy to import drugs. The court convicted Zaini and Noor of their respective charges. Mutaleb was also convicted after trial. Zaini was sentenced to life imprisonment and caning after being granted a certificate of substantive assistance. Noor's sentencing was adjourned. Mutaleb was sentenced to death.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Mutaleb convicted of abetment by conspiracy to import drugs; sentenced to death. Zaini and Noor convicted of importation of drugs.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mohd Zaini, Mohd Noor, and Abdoll Mutaleb were involved in importing diamorphine. Zaini and Noor were convicted, while Mutaleb was convicted of abetment by conspiracy.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction of all accused | Won | Kenny Yang of Attorney-General’s Chambers Soh Weiqi of Attorney-General’s Chambers Lau Wing Yam of Attorney-General’s Chambers |
| Mohd Noor bin Ismail | Defendant | Individual | Convicted | Lost | |
| Abdoll Mutaleb bin Raffik | Defendant | Individual | Convicted | Lost | |
| Mohd Zaini bin Zainutdin | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kenny Yang | Attorney-General’s Chambers |
| Soh Weiqi | Attorney-General’s Chambers |
| Lau Wing Yam | Attorney-General’s Chambers |
| Mahadevan Lukshumayeh | Lukshumayeh Law Corporation |
| Aw Wee Chong Nicholas | Clifford Law LLP |
| Hassan Esa Almenoar | R. Ramason & Almenoar |
| Diana Foo | Tan Swee Swan & Co |
| Sheik Umar bin Mohamad Bagushair | Wong & Leow LLC |
| Lee Yoon Tet Luke | Luke Lee & Co |
| Sukdave Singh S/O Banta Singh | Winchester Law LLC |
4. Facts
- Zaini and Noor were arrested at Tuas Checkpoint for importing drugs.
- Zaini claimed he was to deliver the drugs to Mutaleb at Chai Chee.
- Mutaleb was arrested at Chai Chee after receiving mock drugs from CNB officers.
- Mutaleb had $38,600 in his possession at the time of his arrest.
- Zaini gave multiple statements implicating Mutaleb in the drug importation.
- Telephone records showed communications between Zaini and Mutaleb.
- Mutaleb had previously delivered drugs to Mutaleb at the same car park.
5. Formal Citations
- Public Prosecutor v Mohd Zaini Bin Zainutdin and others, Criminal Case No 32 of 2018, [2019] SGHC 162
6. Timeline
| Date | Event |
|---|---|
| Zaini, Noor and Apoi packed 14 bundles of diamorphine into Zaini’s car in Malaysia. | |
| Zaini and Noor drove into Singapore and were arrested at Tuas Checkpoint. | |
| Zaini gave information about what he was supposed to do with the drugs. | |
| CNB officers drove to Chai Chee and handed over mock drugs to Mutaleb. | |
| Mutaleb dropped the bundles and was arrested. | |
| Zaini gave a statement to the CNB. | |
| The 14th bundle of drugs was recovered. | |
| Zaini gave a statement to the CNB. | |
| Trial began. | |
| Zaini sentenced to life imprisonment and 15 strokes of the cane. | |
| Trial concluded. | |
| Judgment issued. |
7. Legal Issues
- Importation of Drugs
- Outcome: Zaini and Noor were convicted of importation of drugs.
- Category: Substantive
- Related Cases:
- [2019] SGCA 38
- Abetment by Conspiracy
- Outcome: Mutaleb was convicted of abetment by conspiracy to import drugs.
- Category: Substantive
- Related Cases:
- [1998] 3 SLR(R) 619
- [1999] 1 SLR(R) 826
- Alternative Sentencing
- Outcome: Zaini qualified for alternative sentencing; Mutaleb did not.
- Category: Procedural
8. Remedies Sought
- Conviction
- Death Penalty
- Imprisonment
- Caning
9. Cause of Actions
- Importation of Drugs
- Abetment by Conspiracy
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] SGCA 38 | Singapore | Cited for the elements of the offence of importation under s 7 of the Misuse of Drugs Act. |
| Govindarajulu Murali and another v Public Prosecutor | N/A | Yes | [1994] 2 SLR(R) 398 | Singapore | Cited to support the general understanding that s 12 of the Misuse of Drugs Act imports the definition of abetment under the Penal Code. |
| Chai Chien Wei Kelvin v Public Prosecutor | N/A | Yes | [1998] 3 SLR(R) 619 | Singapore | Cited for the elements required to prove abetment of conspiracy. |
| Chua Kian Kok v Public Prosecutor | N/A | Yes | [1999] 1 SLR(R) 826 | Singapore | Cited for the elements required to prove abetment of conspiracy and that conspiracy requires agreement between the parties. |
| Public Prosecutor v Yeo Choon Poh | N/A | Yes | [1993] 3 SLR(R) 302 | Singapore | Cited for the element of conspiracy, what must be shown is agreement between the parties. |
| Lai Kam Loy v Public Prosecutor | N/A | Yes | [1993] 3 SLR(R) 143 | Singapore | Cited for the principle that direct evidence of the existence of a conspiracy will rarely be available. |
| Li Weiming v Public Prosecutor and other matters | N/A | Yes | [2013] 2 SLR 1227 | Singapore | Cited for the principle that the charge must contain all the essential ingredients of the alleged offence so as to give the accused person notice and a chance to defend himself. |
| Assathamby s/o Karupiah v Public Prosecutor | N/A | Yes | [1998] 1 SLR(R) 1030 | Singapore | Cited for the principle that the charge must contain all the essential ingredients of the alleged offence so as to give the accused person notice and a chance to defend himself. |
| Muhammad bin Abdullah v Public Prosecutor and another appeal | N/A | Yes | [2017] 1 SLR 427 | Singapore | Cited for the CNB officer’s administration of the “mandatory death penalty notification”. |
| Ramesh a/l Perumal v Public Prosecutor and another appeal | N/A | Yes | [2019] 1 SLR 1003 | Singapore | Cited for the use of Zaini’s statements as against Mutaleb. |
| Norasharee bin Gous v Public Prosecutor and another appeal and another matter | N/A | Yes | [2017] 1 SLR 820 | Singapore | Cited for the assessment of the weight to be given to the statements against another co-accused person will need to take into account the various circumstances of the recording of the statement and the charge. |
| Public Prosecutor v Ramesh a/l Perumal and another | High Court | Yes | [2017] SGHC 290 | Singapore | Cited for the use of Zaini’s statements as against Mutaleb. |
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 12 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 |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 34 of the Penal Code | Singapore |
| s 107 of the Penal Code | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 227(3) of the Criminal Procedure Code | Singapore |
| s 291(3)(b) of the Criminal Procedure Code | Singapore |
| s 21 of the Misuse of Drugs Act | Singapore |
| s 18(2) of the Misuse of Drugs Act | Singapore |
| s 123(5) of the Criminal Procedure Code | Singapore |
| s 258(1) of the Criminal Procedure Code | Singapore |
| s 258(5) of the Criminal Procedure Code | Singapore |
| s 258(7) of the Criminal Procedure Code | Singapore |
| s 22 of the Criminal Procedure Code | Singapore |
| s 30 of the Evidence Act (Cap 97, 1990 Rev Ed) | Singapore |
| Explanation 2(aa) to s 258 of the Criminal Procedure Code | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
| Section 2 of the Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Importation
- Abetment
- Conspiracy
- Tuas Checkpoint
- Chai Chee
- CNB
- Certificate of Substantive Assistance
15.2 Keywords
- Drugs
- Importation
- Diamorphine
- Conspiracy
- Abetment
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Offences | 80 |
| Criminal Procedure | 70 |
| Penal Code | 60 |
| Criminal conspiracy | 60 |
| Evidence | 50 |
| Statutory Interpretation | 40 |
16. Subjects
- Criminal Law
- Drug Offences
- Conspiracy
- Abetment