PP v Muhammad Faizal: Trafficking of Cannabis under the Misuse of Drugs Act
In [2019] SGHC 17, the High Court of Singapore convicted Muhammad Faizal Bin Mohd Shariff for trafficking cannabis under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act. The court, presided over by Chan Seng Onn J, found that Faizal had possession and knowledge of six blocks of cannabis and intended to traffic them. The court rejected Faizal's claim that some of the drugs were not his and were intended for personal use.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Conviction
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Muhammad Faizal was convicted of trafficking cannabis under the Misuse of Drugs Act. The court found he possessed and knew about 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 | Conviction | Won | Terence Chua of Attorney-General’s Chambers Dwayne Lum of Attorney-General’s Chambers Sia Jiazheng of Attorney-General’s Chambers |
| Muhammad Faizal Bin Mohd Shariff | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Terence Chua | Attorney-General’s Chambers |
| Dwayne Lum | Attorney-General’s Chambers |
| Sia Jiazheng | Attorney-General’s Chambers |
| Chooi Jing Yen | Eugene Thuraisingam LLP |
| Eugene Thuraisingam | Eugene Thuraisingam LLP |
4. Facts
- Ong Bee Leng rented a unit to Serena from 1 to 15 February 2016.
- Faizal, Serena, Arab, and Leo had access to the unit.
- Ong discovered six blocks of cannabis in the unit on 16 February 2016.
- The six blocks contained not less than 3540.07 grams of vegetable matter, which was analysed and found to contain 1562.97 grams of cannabis.
- Faizal admitted to collecting four blocks of cannabis on 9 February 2016.
- Faizal admitted to ownership and knowledge of three blocks (E4, E5, E6) but denied possession and knowledge of the other three (E1, E2, E3).
5. Formal Citations
- Public Prosecutor v Muhammad Faizal Bin Mohd Shariff, Criminal Case No 65 of 2018, [2019] SGHC 17
6. Timeline
| Date | Event |
|---|---|
| Faizal and Serena arrested by the Central Narcotics Bureau | |
| Ong tried to contact Serena to collect door access cards | |
| Ong discovered six blocks of cannabis in the Unit | |
| Trial began | |
| Trial concluded | |
| Judgment reserved |
7. Legal Issues
- Possession of a Controlled Drug for Trafficking
- Outcome: The court found that the defendant had possession and knowledge of the cannabis and possessed it for the purpose of trafficking.
- Category: Substantive
- Presumption of Trafficking
- Outcome: The court found that even if the evidence was insufficient to prove trafficking beyond a reasonable doubt, the defendant failed to rebut the presumption of trafficking under s 17 of the MDA.
- Category: Substantive
8. Remedies Sought
- Punishment under s 33(1) of the MDA, or alternatively under s 33B of the MDA
9. Cause of Actions
- Trafficking in a Class A Controlled Drug
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Masoud Rahimi bin Mehrzad v Public Prosecutor and another appeal | Court of Appeal | Yes | [2017] 1 SLR 257 | Singapore | Cited for the three elements that have to be fulfilled for the Prosecution to establish a charge under s 5(1)(a) read with s 5(2) of the MDA. |
| Chan Kin Choi v Public Prosecutor | Court of Appeal | Yes | [1991] 1 SLR(R) 111 | Singapore | Cited regarding the weight given to incriminating and exculpatory facts in mixed statements. |
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) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 17(d) of the Misuse of Drugs Act | Singapore |
| s 128 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis
- Trafficking
- Misuse of Drugs Act
- Possession
- Knowledge
- Storybooks
15.2 Keywords
- Cannabis
- Drug Trafficking
- Singapore
- Misuse of Drugs Act
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Statutory offences | 80 |
| Criminal Law | 75 |
| Evidence | 60 |
| Sentencing | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking