PP v Tan Swim Hong: Trafficking, Misuse of Drugs Act & Sentencing
In Public Prosecutor v Tan Swim Hong, Reduan bin Mustaffar, and Nazeeha binte Abu Hasan, the High Court of Singapore jointly tried the three accused for drug trafficking under the Misuse of Drugs Act. Tan was charged with delivering methamphetamine to Nazeeha, Reduan with abetting the trafficking, and Nazeeha with transporting the drugs. The court convicted all three. Tan received life imprisonment due to diminished mental responsibility, Reduan was sentenced to death, and Nazeeha received 24 years' imprisonment.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Conviction of all accused persons. Tan Swim Hong sentenced to life imprisonment. Mohammad Reduan bin Mustaffar sentenced to death. Nazeeha binte Abu Hasan sentenced to 24 years' imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Tan, Reduan, and Nazeeha were convicted of drug trafficking. Tan received life imprisonment, Reduan the death sentence, and Nazeeha 24 years.
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 | Terence Chua of Attorney-General’s Chambers Jaime Pang of Attorney-General’s Chambers Teo Siqi of Attorney-General’s Chambers |
| Mohammad Reduan bin Mustaffar | Defendant | Individual | Conviction | Lost | |
| Nazeeha binte Abu Hasan | Defendant | Individual | Conviction | Lost | |
| Tan Swim Hong | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Audrey Lim | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Terence Chua | Attorney-General’s Chambers |
| Jaime Pang | Attorney-General’s Chambers |
| Teo Siqi | Attorney-General’s Chambers |
| Skandarajah s/o Selvarajah | S Skandarajah & Co |
| Jameas Masih Bahadur | James Masih & Co |
| Khoo Shuzen Jolyn | Kelvin Chia Partnership |
| Krishna Ramakrishna Sharma | Fleet Street Law LLP |
| Dhillon Surinder Singh | Dhillon & Panoo LLC |
| Kang Kok Boon, Favian | Peter Low & Choo LLC |
| Low Cheong Yeow | Eugene Ho & Partners |
4. Facts
- Tan delivered a purple bag containing a Daia washing powder box to Nazeeha.
- The Daia Box contained not less than 661.2 grams of methamphetamine.
- Reduan asked Nazeeha to collect the item from Tan.
- Nazeeha transported the drugs from Geylang to Reduan’s flat.
- Tan, Reduan, and Nazeeha tested positive for methamphetamine.
- Tan claimed he was suffering from abnormality of mind.
- Reduan claimed he had an agreement with Ahmad to accept delivery of no more than 125g of methamphetamine.
5. Formal Citations
- Public Prosecutor v Tan Swim Hong and others, Criminal Case No 3 of 2019, [2019] SGHC 246
6. Timeline
| Date | Event |
|---|---|
| Tan delivered a purple bag to Nazeeha. | |
| Tan was arrested. | |
| CNB officers raided Reduan’s flat. | |
| Urine samples were taken from Tan, Reduan and Nazeeha. | |
| Trial began. | |
| Judgment issued. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found all three accused guilty of drug trafficking.
- Category: Substantive
- Related Cases:
- [2014] 3 SLR 721
- [2018] 2 SLR 1119
- [2019] 2 SLR 254
- [2017] 1 SLR 633
- [2011] 4 SLR 1156
- [2019] 1 SLR 440
- [2012] SGCA 18
- [2019] 1 SLR 1003
- [2015] 3 SLR 16
- [2018] SGCA 8
- [2018] 2 SLR 557
- [2017] 2 SLR 571
- Abetment
- Outcome: Reduan was found guilty of abetting the trafficking of methamphetamine.
- Category: Substantive
- Related Cases:
- [2019] 1 SLR 440
- [2012] SGCA 18
- Sentencing
- Outcome: Tan was sentenced to life imprisonment, Reduan to death, and Nazeeha to 24 years' imprisonment.
- Category: Procedural
- Related Cases:
- [2018] 2 SLR 557
- [2017] 2 SLR 571
8. Remedies Sought
- Imprisonment
- Death Penalty
9. Cause of Actions
- Drug Trafficking
- Abetment
10. Practice Areas
- Criminal Law
- Drug Offences
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for elements to be proved for a charge of trafficking under s 5(1)(a) read with s 5(2) of the MDA. |
| Zainal bin Hamad v Public Prosecutor and another appeal | Court of Appeal | Yes | [2018] 2 SLR 1119 | Singapore | Cited for the fact of possession, it must prove that the accused was in possession of the receptacle and that he knew that it contained something, which may later be established to be the drugs in question |
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 254 | Singapore | Cited for the presumption of possession under s 18(1) of the MDA, which an accused can rebut by showing that he did not actually know that the thing was in his possession |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for the accused is presumed to know the specific drug that he is proved or presumed to have had in his possession under s 18(2) of the MDA |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor | Court of Appeal | Yes | [2011] 4 SLR 1156 | Singapore | Cited for rebutting the presumption by proving on a balance of probabilities that he did not know the nature of the controlled drug |
| Mohamed Affandi bin Rosli v Public Prosecutor | Court of Appeal | Yes | [2019] 1 SLR 440 | Singapore | Cited for abetment by instigation, there must be the actus reus of “active suggestion, support, stimulation or encouragement” of the primary offence, and the mens rea of intention for the primary offender to carry out the conduct abetted |
| Chan Heng Kong and another v Public Prosecutor | Court of Appeal | Yes | [2012] SGCA 18 | Singapore | Cited for abetment by instigation, there must be the actus reus of “active suggestion, support, stimulation or encouragement” of the primary offence, and the mens rea of intention for the primary offender to carry out the conduct abetted |
| Ramesh a/l Perumal v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 1003 | Singapore | Cited for the difference between a person holding the drugs to return them to their owner, and holding the drugs to pass them to a third party |
| Public Prosecutor v Muhammad Farid bin Mohd Yusop | High Court | Yes | [2015] 3 SLR 16 | Singapore | Cited to show that unlike in Muhammad Farid, where the accused had satisfactorily outlined his defence in his cautioned statement, Reduan only raised the 250g Arrangement defence on the stand in what I found to be an afterthought. |
| Zainudin bin Mohamed v Public Prosecutor | Court of Appeal | Yes | [2018] SGCA 8 | Singapore | Cited for the court should look only to Reduan’s role in respect of the charge for which he was tried (and in relation to the consignment of drugs which form the subject of the charge), in determining whether he was a courier. |
| Adri Anton Kalangi v Public Prosecutor | Court of Appeal | Yes | [2018] 2 SLR 557 | Singapore | Cited for the indicative starting sentence for trafficking in 217g to 250g of methamphetamine would be between 26 to 29 years’ imprisonment and 15 strokes of the cane. |
| Pham Duyen Quyen v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 571 | Singapore | Cited for the Court of Appeal upheld the sentence of 24 years’ imprisonment, where the accused had claimed trial to a charge of importing not less than 249.99g of methamphetamine |
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 | 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 |
| s 18(1) of the Misuse of Drugs Act | Singapore |
| s 18(2) of the Misuse of Drugs Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Trafficking
- Abetment
- Courier
- Abnormality of mind
- Daia Box
- CNB
- Drug trafficking
- MDA
- Drug activities
15.2 Keywords
- Drug trafficking
- Methamphetamine
- Misuse of Drugs Act
- Sentencing
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Sentencing | 80 |
| Criminal Procedure | 80 |
| Offences | 70 |
| Abetment | 60 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing