Public Prosecutor v Aishamudin: Trafficking Diamorphine under the Misuse of Drugs Act

In the High Court of Singapore, Aishamudin Bin Jamaludin, Mohammad Azli Bin Mohammad Salleh, and Roszaidi Bin Osman were tried for offences under the Misuse of Drugs Act. Aishamudin was charged with trafficking diamorphine, Azli with abetment, and Roszaidi with trafficking diamorphine. The court found Aishamudin and Roszaidi guilty and sentenced them to death. Azli was found guilty of abetment and sentenced to death.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Aishamudin and Roszaidi were found guilty and sentenced to death. Azli was found guilty of abetment and sentenced to death.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Aishamudin, Azli, and Roszaidi were tried for drug trafficking. Aishamudin and Roszaidi were found guilty, while Azli was found guilty of abetment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyGuilty verdict for AishamudinWon
Lim Jian Yi of Attorney-General’s Chambers
Soh Weiqi of Attorney-General’s Chambers
Shahla Iqbal of Attorney-General’s Chambers
Roszaidi bin OsmanDefendantIndividualGuilty as chargedLost
Mohammad Azli bin Mohammad SallehDefendantIndividualGuilty as chargedLost
Aishamudin bin JamaludinDefendantIndividualGuilty as chargedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Lim Jian YiAttorney-General’s Chambers
Soh WeiqiAttorney-General’s Chambers
Shahla IqbalAttorney-General’s Chambers
Subir Singh GrewalAequitas Law LLP
Singa RetnamI.R.B Law LLP
Terence Tan Li-ChernRobertson Chambers LLC
Ker YanguangMorgan Lewis Stamford LLC
Daniel Chia Hsiung WenMorgan Lewis Stamford LLC
Mervyn Cheong Jun MingAdvocatus Law LLP
Hassan Esa AlmenoarR. Ramason & Almenoar
Diana FooTan See Swan & Co.

4. Facts

  1. Aishamudin and Suhaizam transported diamorphine from Malaysia to Singapore.
  2. Azli drove Roszaidi to Bulim Avenue and Jurong West Street 91.
  3. Roszaidi collected a plastic bag from Aishamudin at Bulim Avenue.
  4. Roszaidi handed a Starmart plastic bag to Azidah at Jurong West Street 91.
  5. Azidah was arrested with the Starmart plastic bag containing diamorphine.
  6. Azli had methamphetamine and drug-related paraphernalia in his car.
  7. Suhaizam pleaded guilty to trafficking diamorphine in separate proceedings.

5. Formal Citations

  1. Public Prosecutor v Aishamudin bin Jamaludin and others, Criminal Case No 11 of 2018, [2019] SGHC 08

6. Timeline

DateEvent
Arrests made by CNB officers
Aishamudin remanded
Trial began
Trial concluded
Judgment reserved
Judgment issued

7. Legal Issues

  1. Trafficking of Diamorphine
    • Outcome: The court found Aishamudin and Roszaidi guilty of trafficking diamorphine.
    • Category: Substantive
  2. Abetment of Trafficking
    • Outcome: The court found Azli guilty of abetting Roszaidi in trafficking diamorphine.
    • Category: Substantive
  3. Common Intention
    • Outcome: The court amended the charge against Aishamudin to reflect the same amount of diamorphine as Suhaizam, finding that they shared a common intention to traffic that amount.
    • Category: Substantive

8. Remedies Sought

  1. Punishment under the Misuse of Drugs Act

9. Cause of Actions

  • Trafficking of Diamorphine
  • Abetment of Trafficking

10. Practice Areas

  • Criminal Law
  • Drug Trafficking

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chan Heng Kong and another v PPCourt of AppealYes[2002] SGCA 18SingaporeCited to distinguish the facts and charges against Aishamudin and Suhaizam.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
Penal Code (Cap 224, 2008 Rev Ed)Singapore
s 5(1)(a) of the MDASingapore
s 33(1) of the MDASingapore
s 33B of the MDASingapore
s 18(2) of the MDASingapore
s 18(4) of the MDASingapore
s 34 of the Penal CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Abetment
  • Common Intention
  • Misuse of Drugs Act
  • Central Narcotics Bureau
  • Presumption of Knowledge
  • Joint Possession

15.2 Keywords

  • Drug Trafficking
  • Diamorphine
  • Abetment
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law90
Criminal Procedure70
Sentencing60
Statutory Interpretation50

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Statutory Interpretation