Mohamed Shalleh v Public Prosecutor: Trafficking, Additional Evidence, Knowledge of Drugs

In the High Court of Singapore, Mohamed Shalleh bin Abdul Latiff appealed his conviction for drug trafficking. The Court of Appeal directed the High Court to take further evidence from Mr. Khairul Nizam bin Ramthan. Hoo Sheau Peng J. reviewed the additional evidence and found that it had no effect on the original verdict, affirming the conviction.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Original verdict affirmed

1.3 Case Type

Criminal

1.4 Judgment Type

Findings on Remittal

1.5 Jurisdiction

Singapore

1.6 Description

The High Court reviews additional evidence in Mohamed Shalleh's drug trafficking case, focusing on his knowledge of the drugs. The court affirms its original verdict.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyOriginal verdict affirmedWon
Anandan Bala of Attorney-General’s Chambers
Claire Poh of Attorney-General’s Chambers
Theong Li Han of Attorney-General’s Chambers
Mohamed Shalleh Bin Abdul LatiffAppellantIndividualOriginal verdict affirmedLost

3. Judges

Judge NameTitleDelivered Judgment
Hoo Sheau PengJudgeYes

4. Counsels

Counsel NameOrganization
Anandan BalaAttorney-General’s Chambers
Claire PohAttorney-General’s Chambers
Theong Li HanAttorney-General’s Chambers
Ramesh Chandr TiwaryRamesh Tiwary

4. Facts

  1. Accused was arrested for possession of not less than 54.04g of diamorphine for trafficking.
  2. The drugs were found in an orange plastic bag in the accused's car.
  3. The accused claimed he believed he was delivering contraband cigarettes, not drugs.
  4. The accused stated that Mr Khairul delivered the drugs to him in a tied orange plastic bag.
  5. SSSgt Tay testified that the drugs were found beside the orange plastic bag.
  6. Mr Khairul initially denied delivering anything to the accused.
  7. Mr Khairul later admitted to delivering methamphetamine to the accused.

5. Formal Citations

  1. Mohamed Shalleh bin Abdul Latiff v Public Prosecutor, Criminal Appeal No 9 of 2019 (Criminal Motion No 18 of 2020), [2020] SGHC 283

6. Timeline

DateEvent
CNB officers conducted an operation and arrested the accused
Criminal Case No 74 of 2018
Criminal Appeal No 9 of 2019
Criminal Motion No 18 of 2020
Additional evidence taken from Mr Khairul
Defence’s Skeletal Submissions dated
Prosecution’s Skeletal Submissions dated
Judgment reserved

7. Legal Issues

  1. Knowledge of Drugs
    • Outcome: The court found that the accused failed to rebut the presumption of knowledge of the drugs.
    • Category: Substantive
    • Related Cases:
      • [2019] SGHC 93
  2. Taking Additional Evidence
    • Outcome: The Court of Appeal directed the High Court to take further evidence from Mr. Khairul Nizam bin Ramthan.
    • Category: Procedural
    • Related Cases:
      • [2020] 1 SLR 984
  3. Impeaching Credit of Witness
    • Outcome: The court found Mr Khairul's credit impeached pursuant to the Defence’s application under s 157(c) of the Evidence Act.
    • Category: Procedural

8. Remedies Sought

  1. Appeal against conviction

9. Cause of Actions

  • Drug Trafficking

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Mohamed Shalleh bin Abdul LatiffHigh CourtYes[2019] SGHC 93SingaporeRefers to the original judgment where the accused was convicted of drug trafficking.
Muhammad Nabill bin Mohd Fuad v Public ProsecutorCourt of AppealYes[2020] 1 SLR 984SingaporeCited as the reason for disclosing Mr Khairul's statements to the Defence, as he was considered a material witness.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore
s 392(1) of the Criminal Procedure CodeSingapore
s 392(4) of the Criminal Procedure CodeSingapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 5(1)(a) read with s 5(2) of the Misuse of Drugs ActSingapore
s 18(2) of the Misuse of Drugs ActSingapore
Evidence Act (Cap 97, 1997 Rev Ed)Singapore
s 157(c) of the Evidence ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Presumption of Knowledge
  • Additional Evidence
  • Impeaching Credit
  • Orange Plastic Bag
  • Bundles

15.2 Keywords

  • Drug Trafficking
  • Singapore
  • Criminal Appeal
  • Additional Evidence
  • Knowledge of Drugs

17. Areas of Law

Area NameRelevance Score
Criminal Procedure95
Misuse of Drugs Act90
Criminal Law90
Sentencing80
Evidence70
Admissibility of evidence60
Witnesses40
Civil Procedure30

16. Subjects

  • Criminal Law
  • Drug Offences
  • Evidence