PP v Muhammad Abdul Hadi: Trafficking, Misuse of Drugs Act
In Public Prosecutor v Muhammad Abdul Hadi bin Haron and Muhammad Salleh bin Hamid, the High Court of Singapore found Muhammad Abdul Hadi bin Haron guilty of possessing methamphetamine for trafficking and Muhammad Salleh bin Hamid guilty of abetting Hadi. The case involved the Misuse of Drugs Act. Hadi was sentenced to life imprisonment and caning, while Salleh received the mandatory death penalty. The court rejected Salleh's defense that he did not intend to traffic in more than 250g of methamphetamine.
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
Muhammad Abdul Hadi and Muhammad Salleh were convicted under the Misuse of Drugs Act for drug trafficking. Hadi received life imprisonment, while Salleh was sentenced to death.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Guilty | Won | Winston Cheng Howe Ming, Marcus Foo, Rimplejit Kaur |
| Muhammad Abdul Hadi bin Haron | Defendant | Individual | Guilty | Lost | Aw Wee Chong Nicholas, Andy Yeo Kian Wee, Lim Hui Li Debby |
| Muhammad Salleh bin Hamid | Defendant | Individual | Guilty | Lost | Ragbir Singh S/O Ram Singh Bajwa, Wong Seow Pin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Winston Cheng Howe Ming | Attorney-General’s Chambers |
| Marcus Foo | Attorney-General’s Chambers |
| Rimplejit Kaur | Attorney-General’s Chambers |
| Aw Wee Chong Nicholas | Clifford Law LLP |
| Andy Yeo Kian Wee | Allen & Gledhill LLP |
| Lim Hui Li Debby | Shook Lin & Bok LLP |
| Ragbir Singh S/O Ram Singh Bajwa | Bajwa & Co |
| Wong Seow Pin | S P Wong & Co |
4. Facts
- Hadi possessed five packets of crystalline substance containing not less than 325.81g of methamphetamine.
- Salleh abetted Hadi by instigating him to possess the drugs for trafficking.
- Hadi collected two bundles from a woman known as “Kakak” in Johor Bahru.
- Salleh instructed Hadi on the collection from “Kakak” and coordinated with her.
- Both Hadi and Salleh knew the bundles were intended for onward distribution.
- Hadi had performed similar deliveries on Salleh’s instructions prior to 22 July 2015.
- Salleh claimed he only intended to traffic in less than 250g of methamphetamine.
5. Formal Citations
- Public Prosecutor v Muhammad Abdul Hadi bin Haron and another, Criminal Case No 12 of 2018, [2020] SGHC 8
6. Timeline
| Date | Event |
|---|---|
| CNB raided Hadi's unit at Block 53 Marine Terrace and arrested Hadi | |
| Salleh was arrested by CNB officers at a coffee shop at 85 Kallang Avenue | |
| Hadi entered Johor Bahru at about 10.27am and returned to Singapore at about 12.41pm | |
| Trial began | |
| Submissions on sentence | |
| Submissions on sentence | |
| Judgment issued |
7. Legal Issues
- Drug Trafficking
- Outcome: Both accused were found guilty of drug trafficking.
- Category: Substantive
- Related Cases:
- [2019] SGHC 44
- [2016] 1 SLR 753
- [2014] 3 SLR 721
- [2018] 1 SLR 610
- [2017] 1 SLR 633
- [2015] SGCA 33
- [1981] QB 720
- [2017] 1 SLR 820
- [2018] 1 SLR 449
- Admissibility of Statements
- Outcome: The court ruled that Salleh's contemporaneous and cautioned statements were made voluntarily and admitted them into evidence.
- Category: Procedural
8. Remedies Sought
- Sentencing under the Misuse of Drugs Act
9. Cause of Actions
- Drug Trafficking
- Abetment of Drug Trafficking
10. Practice Areas
- Criminal Litigation
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Andi Ashwar bin Salihin and others | High Court | Yes | [2019] SGHC 44 | Singapore | Summarized the elements of the offence of abetment of trafficking by instigation. |
| Public Prosecutor v Koh Peng Kiat | N/A | Yes | [2016] 1 SLR 753 | Singapore | Decided in the context of abetment by aiding. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | N/A | Yes | [2014] 3 SLR 721 | Singapore | Established the elements of the offence of trafficking under s 5(1)(a) read with s 5(2) of the MDA. |
| Ali bin Mohamad Bahashwan v Public Prosecutor and other appeals | N/A | Yes | [2018] 1 SLR 610 | Singapore | Addressed the element of knowledge of Hadi's possession for the purpose of trafficking. |
| Obeng Comfort v Public Prosecutor | N/A | Yes | [2017] 1 SLR 633 | Singapore | Explained that to rebut the s 18(2) presumption, Hadi had to prove, on a balance of probabilities, that he did not have knowledge of the nature of the drug. |
| Public Prosecutor v Ilechukwu Uchechukwu Chukwudi | Court of Appeal | Yes | [2015] SGCA 33 | Singapore | Summarized the criteria for finding that lies told out of court by an accused person corroborated his guilt. |
| Regina v Lucas (Ruth) | N/A | Yes | [1981] QB 720 | N/A | Established the Lucas lies test. |
| Norasharee bin Gous v Public Prosecutor and another appeal and another matter | Court of Appeal | Yes | [2017] 1 SLR 820 | Singapore | Addressed the veracity of evidence of one co-accused person against another. |
| Zainudin bin Mohamed v Public Prosecutor | Court of Appeal | Yes | [2018] 1 SLR 449 | Singapore | Reiterated that conduct such as the recruitment and remuneration of drug couriers is far removed from the nature and purpose of conveying drugs. |
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) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 12 of the MDA | Singapore |
| s 33B of the MDA | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 22 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 23 CPC | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Drug trafficking
- Abetment
- Instigation
- Courier
- Central Narcotics Bureau
- Substantive assistance
- s 33B MDA
15.2 Keywords
- Drug trafficking
- Methamphetamine
- Misuse of Drugs Act
- Criminal Law
- Singapore
- Abetment
16. Subjects
- Criminal Law
- Drug Offences
- Sentencing
17. Areas of Law
- Criminal Law
- Statutory Offences
- Misuse of Drugs Act