PP v Roshdi bin Abdullah Altway: Trafficking, Possession of Diamorphine, Misuse of Drugs Act
In Public Prosecutor v Roshdi bin Abdullah Altway, the High Court of Singapore found Roshdi bin Abdullah Altway guilty of possession of not less than 78.77g of diamorphine for the purpose of trafficking under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act. The court rejected Roshdi's defense that he was merely a bailee of the drugs and sentenced him to death, the mandatory punishment for the offense.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Guilty
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Roshdi bin Abdullah Altway was found guilty of possessing diamorphine for trafficking under the Misuse of Drugs Act and sentenced to death.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Plaintiff | Government Agency | Judgment for Plaintiff | Won | Mark Tay, Chan Yi Cheng, Shana Poon |
| Roshdi bin Abdullah Altway | Defendant | Individual | Guilty | Lost | Peter Keith Fernando, Rajan Sanjiv Kumar, Lee May Ling |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mark Tay | Attorney General’s Chambers |
| Chan Yi Cheng | Attorney General’s Chambers |
| Shana Poon | Attorney General’s Chambers |
| Peter Keith Fernando | Leo Fernando LLC |
| Rajan Sanjiv Kumar | Allen & Gledhill LLP |
| Lee May Ling | Allen & Gledhill LLP |
4. Facts
- Roshdi was arrested at the void deck of Block 209B Compassvale Lane with cash and keys to a unit.
- Drugs were found in the Compassvale Unit, specifically in the room Roshdi identified as his.
- The drugs found contained not less than 78.77g of diamorphine.
- Drug paraphernalia, including spoons, papers, and weighing scales, were also seized from the room.
- Roshdi initially claimed he was safekeeping the drugs for someone named Aru.
- Roshdi's statements to CNB indicated he packed, delivered, and sold drugs.
- Roshdi had $18,000 on his person at the time of arrest.
5. Formal Citations
- Public Prosecutor v Roshdi bin Abdullah Altway, Criminal Case No 44 of 2019, [2020] SGHC 232
6. Timeline
| Date | Event |
|---|---|
| Roshdi arrested at void deck of Block 209B Compassvale Lane. | |
| Statements recorded from Roshdi. | |
| Cautioned statement recorded from Roshdi. | |
| Statement recorded from Roshdi. | |
| Statement recorded from Roshdi. | |
| Statement recorded from Roshdi. | |
| Statement recorded from Roshdi. | |
| Statement recorded from Roshdi. | |
| Trial began. | |
| Trial concluded. | |
| Judgment issued. |
7. Legal Issues
- Possession of Controlled Drug for Trafficking
- Outcome: The court held that Roshdi was in possession of the drugs for the purpose of trafficking.
- Category: Substantive
- Related Cases:
- [2014] 3 SLR 721
- [2019] 1 SLR 1003
- Admissibility of Statements
- Outcome: The court held that the statements were admissible.
- Category: Procedural
- Related Cases:
- [1998] 3 SLR(R) 619
- [2004] 2 SLR(R) 74
8. Remedies Sought
- Conviction
- Mandatory Death Sentence
9. Cause of Actions
- Possession of a Controlled Drug for the Purpose of Trafficking
10. Practice Areas
- Criminal Litigation
- Drug Offences
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 | High Court | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements of a charge under s 5(1)(a) read with s 5(2) of the MDA. |
| Ramesh a/l Perumal v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 1003 | Singapore | Cited for the principle that a person who holds drugs with no intention of parting with them other than to return them to the original owner does not possess them for the purpose of trafficking; distinguished by the court. |
| Chai Chien Wei Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 3 SLR(R) 619 | Singapore | Cited for the test of voluntariness of statements. |
| Ismail bin Abdul Rahman v Public Prosecutor | High Court | Yes | [2004] 2 SLR(R) 74 | Singapore | Cited regarding inducement for statements. |
| Zamri bin Mohd Tahir v Public Prosecutor | High Court | Yes | [2019] 1 SLR 724 | Singapore | Cited for considering the accused’s acts in relation to the particular consignment of drugs which formed the subject matter of the charge against him. |
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 5(2) of the Misuse of Drugs Act | Singapore |
| s 2 of the Misuse of Drugs Act | Singapore |
| s 17(c) of the Misuse of Drugs Act | Singapore |
| s 8(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 |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 22 of the Criminal Procedure Code | Singapore |
| s 23 of the Criminal Procedure Code | Singapore |
| s 258(3) of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Possession
- Controlled Drug
- MDA
- Bailee
- Statements
- Inducement
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Misuse of Drugs Act
16. Subjects
- Criminal Law
- Drug Trafficking
17. Areas of Law
- Criminal Law
- Statutory Offences
- Criminal Procedure and Sentencing
- Drug Trafficking
- Misuse of Drugs Act