Muhammad Abdul Hadi v Public Prosecutor: Misuse of Drugs Act & Abetment of Trafficking

In the Court of Appeal of Singapore, Muhammad Abdul Hadi bin Haron and Muhammad Salleh bin Hamid appealed against their convictions and sentences for drug-related offences under the Misuse of Drugs Act. Hadi was found guilty of possessing not less than 325.81g of methamphetamine for trafficking, while Salleh was convicted of abetment by instigation of Hadi’s offence. The court, presided over by Andrew Phang Boon Leong JA, Judith Prakash JA, and Steven Chong JA, dismissed both appeals, upholding Hadi's sentence of life imprisonment and 15 strokes of the cane, and Salleh's death penalty.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeals against conviction and sentence dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore Court of Appeal upholds convictions of Muhammad Abdul Hadi for drug trafficking and Muhammad Salleh for abetment, addressing knowledge requirements.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Muhammad Abdul Hadi bin HaronAppellantIndividualAppeal DismissedLost
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWonMarcus Foo, Rimplejit Kaur
Muhammad Salleh bin HamidAppellantIndividualAppeal DismissedLostTito Shane Isaac, Chong Yi Mei, Lucella Lucias Jeraled

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJudge of AppealYes
Judith PrakashJudge of AppealNo
Steven ChongJudge of AppealNo

4. Counsels

Counsel NameOrganization
Tito Shane IsaacTito Isaac & Co LLP
Chong Yi MeiTito Isaac & Co LLP
Lucella Lucias JeraledTito Isaac & Co LLP
Marcus FooAttorney-General’s Chambers
Rimplejit KaurAttorney-General’s Chambers

4. Facts

  1. Hadi collected two bundles from a woman known as "Kakak" in Johor Bahru.
  2. Salleh instructed Hadi on the collection of the bundles and coordinated the transaction with "Kakak".
  3. Hadi hid the bundles in a hidden compartment of his motorcycle.
  4. Hadi and Salleh were arrested in raids conducted by the Central Narcotics Bureau.
  5. The bundles contained not less than 325.81g of methamphetamine.
  6. Hadi claimed he thought the bundles contained gold and cash.
  7. Salleh claimed he only intended to traffic in 250g of methamphetamine.

5. Formal Citations

  1. Muhammad Abdul Hadi bin Haron v Public Prosecutor, Criminal Appeal No 36 of 2019, [2020] SGCA 115
  2. Muhammad Salleh bin Hamid v Public Prosecutor, Criminal Appeal No 37 of 2019, [2020] SGCA 115

6. Timeline

DateEvent
Hadi entered Johor Bahru and picked up two bundles.
Hadi returned to Singapore.
Hadi and Salleh were arrested.
Judgment reserved.
Judgment delivered.

7. Legal Issues

  1. Abetment of Drug Trafficking
    • Outcome: The court upheld the conviction of Salleh for abetment by instigation of Hadi's drug trafficking offence.
    • Category: Substantive
    • Related Cases:
      • [2019] SGHC 44
  2. Knowledge of Drug Quantity
    • Outcome: The court found that Salleh had the requisite knowledge that Hadi would collect any quantity of drugs given to him, thereby satisfying the knowledge requirement for abetment.
    • Category: Substantive
    • Related Cases:
      • [2014] 3 SLR 721
  3. Rebuttal of Presumption of Knowledge
    • Outcome: The court found that Hadi failed to rebut the presumption of knowledge under s 18(2) of the MDA.
    • Category: Substantive
  4. Admissibility of Statements
    • Outcome: The court upheld the admissibility of Salleh's statements.
    • Category: Procedural
    • Related Cases:
      • [2020] SGHC 8
  5. Similar Fact Evidence
    • Outcome: The court found that the past messages exchanged are admissible and do not constitute inadmissible similar fact evidence.
    • Category: Procedural
    • Related Cases:
      • [2017] 1 SLR 10
      • [1996] 2 SLR(R) 178

8. Remedies Sought

  1. Appeal against Conviction
  2. Appeal against Sentence

9. Cause of Actions

  • Drug Trafficking
  • Abetment by Instigation

10. Practice Areas

  • Criminal Law
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Andi Ashwar bin Salihin and othersHigh CourtYes[2019] SGHC 44SingaporeCited for the elements of the offence of abetment of trafficking by instigation.
Public Prosecutor v Muhammad Abdul Hadi bin Haron and anotherHigh CourtYes[2020] SGHC 8SingaporeRefers to the High Court's decision on the admissibility of Salleh's statements and the findings of guilt against both Hadi and Salleh.
Saravanan Chandaram v Public Prosecutor and another matterCourt of AppealYes[2020] 2 SLR 95SingaporeCited for the principle that the court will assess the veracity of the accused person’s account of what he thought the items were against the objective facts when the accused person seeks to rebut the presumption of knowledge under s 18(2) of the MDA.
Muhammad Ridzuan bin Md Ali v Public Prosecutor and other mattersCourt of AppealYes[2014] 3 SLR 721SingaporeCited to demonstrate that if it can be proven that the accused person intended for any amount of drugs to be collected, as opposed to some defined smaller amount, then he or she cannot evade liability by claiming that he or she did not know of the specific quantity of drugs that were in fact collected.
Public Prosecutor v GCK and another matterCourt of AppealYes[2020] 1 SLR 486SingaporeCited for the principle that the legal burden of proof remains on the Prosecution throughout, this should not be confused with the evidential burden to produce sufficient evidence in support of one’s contentions, which may shift between the Prosecution and the Defence depending on the nature of the defence and the fact in issue.
Public Prosecutor v BPKHigh CourtYes[2018] SGHC 34SingaporeCited for the principle that the legal burden of proof remains on the Prosecution throughout, this should not be confused with the evidential burden to produce sufficient evidence in support of one’s contentions, which may shift between the Prosecution and the Defence depending on the nature of the defence and the fact in issue.
Rosman bin Abdullah v Public ProsecutorCourt of AppealYes[2017] 1 SLR 10SingaporeCited for the principle that there is no blanket rule against the admission of ‘similar fact evidence’; such evidence may be utilitsed in the limited manner envisaged within a strict application of, for example, ss 14 and 15 of the Evidence Act.
Tan Meng Jee v Public ProsecutorCourt of AppealYes[1996] 2 SLR(R) 178SingaporeCited for the mischief that the similar fact evidence rule seeks to prevent is reasoning by propensity.
Zainudin bin Mohamed v Public ProsecutorCourt of AppealYes[2018] 1 SLR 449SingaporeCited for the principle that Salleh’s acts of recruiting and paying Hadi for his work in delivering the drugs also go beyond the ambit of a mere courier.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
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 12 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 18(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 33B(2)(a) of the Misuse of Drugs ActSingapore
s 33B(1)(a) of the Misuse of Drugs ActSingapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 279 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
Evidence Act (Cap 97, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Methamphetamine
  • Abetment
  • Instigation
  • Drug Trafficking
  • Presumption of Knowledge
  • Courier
  • Certificate of Substantive Assistance

15.2 Keywords

  • Drug Trafficking
  • Abetment
  • Misuse of Drugs Act
  • Singapore Court of Appeal
  • Criminal Law

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Abetment

17. Areas of Law

  • Criminal Law
  • Statutory Offences
  • Criminal Procedure
  • Sentencing
  • Drug Trafficking
  • Abetment