Public Prosecutor v Mohammad Azwan bin Bohari: Trafficking of Diamorphine under the Misuse of Drugs Act

In Public Prosecutor v Mohammad Azwan bin Bohari, the High Court of Singapore convicted Mohammad Azwan bin Bohari on 11 February 2019 for trafficking diamorphine under the Misuse of Drugs Act. Azwan was arrested with 26.5g of diamorphine. His defense was that he intended half for personal consumption, but the court found his testimony unconvincing and sentenced him to death.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Conviction and sentence of death.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Mohammad Azwan bin Bohari was convicted of trafficking diamorphine. The court found he did not rebut the presumption of trafficking under the Misuse of Drugs Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Ho Yan-Qing Kelly of Attorney-General’s Chambers
Esther Tang Jia Le of Attorney-General’s Chambers
Mohammad Azwan bin BohariDefendantIndividualConviction and sentence of deathLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Ho Yan-Qing KellyAttorney-General’s Chambers
Esther Tang Jia LeAttorney-General’s Chambers
Luo Ling LingRHTLaw Taylor Wessing LLP
Mohamed Muzammil Bin MohamedMuzammil & Company

4. Facts

  1. Azwan was arrested by CNB officers on 17 October 2015.
  2. Azwan threw a biscuit tin to the ground before his arrest.
  3. The biscuit tin contained three packets of drugs, analysed to be 26.5g of diamorphine.
  4. Azwan claimed he intended half of the drugs for personal consumption.
  5. Azwan challenged the admissibility of two statements he made to the CNB.
  6. The court found Azwan's testimony regarding his drug consumption unconvincing.
  7. The court found that the drugs were neatly and uniformly packed for sale.

5. Formal Citations

  1. Public Prosecutor v Mohammad Azwan bin Bohari, Criminal Case No 72 of 2017, [2019] SGHC 23

6. Timeline

DateEvent
Mohammad Azwan bin Bohari arrested by CNB officers.
Nurain and Azwan charged in court for trafficking in diamorphine.
Azwan made First Statement to CNB.
Azwan made Second Statement to CNB.
Trial began.
Trial continued.
Trial continued.
Trial continued.
Trial continued.
Trial continued.
Judgment reserved.

7. Legal Issues

  1. Trafficking of Diamorphine
    • Outcome: The court found that the accused had not rebutted the presumption of trafficking under s17 of the Misuse of Drugs Act.
    • Category: Substantive
  2. Admissibility of Statements
    • Outcome: The court admitted the First Statement and the Second Statement into evidence.
    • Category: Procedural

8. Remedies Sought

  1. Conviction
  2. Death Penalty

9. Cause of Actions

  • Trafficking of Diamorphine

10. Practice Areas

  • Criminal Law
  • Drug Offences

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 Act (Cap 185, 2008 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Misuse of Drugs Act
  • Presumption of Trafficking
  • CNB
  • Statements
  • Voir Dire

15.2 Keywords

  • Criminal Law
  • Drug Trafficking
  • Singapore
  • Diamorphine
  • Misuse of Drugs Act

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law90
Statutory offences85
Sentencing60
Evidence Law50

16. Subjects

  • Criminal Law
  • Drug Trafficking