Public Prosecutor v Mohd Zaini: Importation of Diamorphine & Misuse of Drugs Act

In Public Prosecutor v Mohd Zaini Bin Zainutdin and others, the High Court of Singapore heard the case against Mohd Noor Bin Ismail, who was charged with importing not less than 212.57g of diamorphine into Singapore, in furtherance of a common intention with Mohd Zaini Bin Zainutdin. The court convicted Mohd Noor and sentenced him to life imprisonment and 15 strokes of the cane, finding that he was a courier and had been granted a Certificate of Substantive Assistance. Mohd Noor appealed against both his conviction and sentence, but the court upheld its original decision.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Conviction and sentence of life imprisonment with 15 strokes of the cane upheld.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Mohd Noor was convicted for importing diamorphine under the Misuse of Drugs Act. He was sentenced to life imprisonment and 15 strokes of the cane.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment upheldWon
Kenny Yang of Attorney-General’s Chambers
Soh Weiqi of Attorney-General’s Chambers
Lau Wing Yam of Attorney-General’s Chambers
Mohd Noor bin IsmailDefendant, AppellantIndividualConvictedLost
Abdoll Mutaleb bin RaffikDefendantIndividualConvictedLost
Mohd Zaini bin ZainutdinDefendantIndividualConvictedLost

3. Judges

Judge NameTitleDelivered Judgment
Aedit AbdullahJudgeYes

4. Counsels

Counsel NameOrganization
Kenny YangAttorney-General’s Chambers
Soh WeiqiAttorney-General’s Chambers
Lau Wing YamAttorney-General’s Chambers
Mahadevan LukshumayehLukshumayeh Law Corporation
Aw Wee Chong NicholasClifford Law LLP
Hassan Esa AlmenoarR. Ramason & Almenoar
Diana FooTanSwee Swan & Co
Sheik Umar bin Mohamad BagushairWong & Leow LLC
Lee Yoon Tet LukeLuke Lee & Co
Sukdave Singh s/o BantaSinghWinchester Law LLC

4. Facts

  1. Mohd Zaini, Mohd Noor, and Apoi packed 14 bundles of diamorphine into Zaini’s car in Malaysia.
  2. Noor drove the car containing the drugs into Singapore.
  3. Noor and Zaini were arrested at Tuas Checkpoint.
  4. The 14 bundles contained not less than 249.63g of diamorphine.
  5. Zaini testified that Noor assisted him in packing the drugs into the car.
  6. Noor did not testify during the trial.
  7. Noor confessed to helping Zaini hide the black bundles in the car.

5. Formal Citations

  1. Public Prosecutor v Mohd Zaini Bin Zainutdin and others, Criminal Case No 32 of 2018, [2020] SGHC 76
  2. Public Prosecutor v Mohd Zaini Bin Zainutdin and others, , [2019] SGHC 162

6. Timeline

DateEvent
Mohd Zaini, Mohd Noor, and Apoi packed 14 bundles of diamorphine into Zaini’s car in Malaysia.
Noor drove the car with drugs into Singapore and was arrested at Tuas Checkpoint.
Trial began.
Noor and Zaini were convicted.
Noor was sentenced to life imprisonment and 15 strokes of the cane.
Judgment issued.

7. Legal Issues

  1. Importation of Controlled Drugs
    • Outcome: The court found Mohd Noor guilty of importing diamorphine into Singapore.
    • Category: Substantive
  2. Adverse Inference from Silence
    • Outcome: The court drew an adverse inference against Mohd Noor due to his silence during the trial, supporting the conclusion that he knew the bundles contained drugs.
    • Category: Procedural
    • Related Cases:
      • [2017] 4 SLR 421
      • [1994] SGCA 102
  3. Presumption of Possession and Knowledge
    • Outcome: The court applied the presumptions under s 21 and s 18(2) of the MDA, leading to the presumption that Mohd Noor possessed the drugs and knew their nature.
    • Category: Substantive
  4. Alternative Sentencing for Couriers
    • Outcome: The court found that Mohd Noor qualified for alternative sentencing under s 33B(1)(a) of the MDA as he was merely a courier and had been granted a Certificate of Substantive Assistance.
    • Category: Substantive

8. Remedies Sought

  1. Conviction
  2. Sentencing

9. Cause of Actions

  • Importation of Controlled Drugs

10. Practice Areas

  • Criminal Law
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Mohd Zaini Bin Zainutdin and othersHigh CourtYes[2019] SGHC 162SingaporeDealt primarily with the conviction and sentencing of the third accused, Abdoll Mutaleb Bin Raffik, and provides the factual background for the current decision.
Haw Tua Tau v Public ProsecutorUnknownYes[1981–1982] SLR(R) 133SingaporeExplained the requirements laid down in statute in s 230(1)(j) CPC.
Oh Laye Koh v Public ProsecutorCourt of AppealYes[1994] SGCA 102SingaporeRefusal to give evidence would entitle the court to draw adverse inferences, including the ultimate adverse inference that the accused was guilty of the offence.
Public Prosecutor v Kong Hoo (Pte) Ltd and another appealHigh CourtYes[2017] 4 SLR 421SingaporeCited for propositions relating to the drawing of adverse inferences.
Kong Hoo (Pte) Ltd and another v Public ProsecutorCourt of AppealYes[2019] 1 SLR 1131SingaporeKong Hoo HC was reversed by the Court of Appeal following a criminal reference on questions concerning the interpretation of the provisions in question; but the decision did not affect the findings in Kong Hoo HC pertaining to the drawing of adverse inferences.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7Singapore
Penal Code (Cap 224, 2008 Rev Ed) s 34Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 227(3)Singapore
Criminal Procedure Code s 291(3)Singapore
Misuse of Drugs Act s 21Singapore
Misuse of Drugs Act s 18(2)Singapore
Misuse of Drugs Act s 33B(1)(a)Singapore
Misuse of Drugs Act s 33B(2)(a)(i)Singapore
Misuse of Drugs Act s 33B(2)(a)(iii)Singapore
Misuse of Drugs Act s 33B(2)(a)(iv)Singapore
Misuse of Drugs Act s 33B(2)(b)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Importation
  • Common Intention
  • Courier
  • Certificate of Substantive Assistance
  • Adverse Inference
  • Presumption of Possession
  • Presumption of Knowledge

15.2 Keywords

  • Drugs
  • Importation
  • Diamorphine
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act95
Criminal Law85
Sentencing80
Criminal Procedure80
Evidence60
Penal Code40

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Importation of Drugs