Public Prosecutor v Mohamed Affandi: Conspiracy to Traffic Diamorphine under Misuse of Drugs Act

In Public Prosecutor v Mohamed Affandi bin Mohamed Yuz Al-Haj, the High Court of Singapore sentenced Mohamed Affandi to 28 years' imprisonment for conspiring to traffic not less than 14.99g of diamorphine, an offense under the Misuse of Drugs Act. The court considered his role in repacking drugs, collecting payments, and remitting funds, along with related charges under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act. The sentence was backdated to the date of his arrest on 4 May 2017.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Accused sentenced to 28 years’ imprisonment.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Mohamed Affandi pleaded guilty to conspiring to traffic diamorphine and was sentenced to 28 years' imprisonment. The case involved drug trafficking and related financial offenses.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWonTerence Chua, Theong Li Han, Kwang Jia Min, Keith Jieren Thirumaran
Mohamed Affandi bin Mohamed Yuz Al-HajDefendantIndividualSentence of 28 years’ imprisonmentLostChung Ting Fai, Nathan Edmund, Ong Xiang Ting, Charmian

3. Judges

Judge NameTitleDelivered Judgment
Aedit AbdullahJudgeYes

4. Counsels

Counsel NameOrganization
Terence ChuaAttorney-General’s Chambers
Theong Li HanAttorney-General’s Chambers
Kwang Jia MinAttorney-General’s Chambers
Keith Jieren ThirumaranAttorney-General’s Chambers
Chung Ting FaiChung Ting Fai & Co
Nathan EdmundTan & Pillai
Ong Xiang Ting, CharmianChung Ting Fai & Co

4. Facts

  1. The accused pleaded guilty to conspiracy to traffic not less than 14.99g of diamorphine.
  2. The accused worked for a drug supplier based in Indonesia, receiving instructions and liaising with others to receive drugs.
  3. The accused and co-accused would deliver drugs and collect payments, remitting them via money transfers.
  4. On 4 May 2017, the accused was arrested while approaching a taxi to receive drugs.
  5. Nine other charges pertaining to transfers of drug payment moneys were taken into consideration.

5. Formal Citations

  1. Public Prosecutor v Mohamed Affandi bin Mohamed Yuz Al-Haj, Criminal Case No 28 of 2021, [2021] SGHC 151

6. Timeline

DateEvent
Accused abetted by engaging in a conspiracy to traffic diamorphine.
Malaysian bus stopped at Woodlands Checkpoint.
Accused arrested.
Arraigned Charges dated.
Prosecution’s Submissions on Sentence dated.
Mohamed Affandi bin Mohamed Yuz Al-Haj’s Plea in Mitigation (Amendment No. 1) dated.
Form 53 issued.
Hearing date.
Judgment date.

7. Legal Issues

  1. Conspiracy to Traffic Diamorphine
    • Outcome: The court found the accused guilty of conspiracy to traffic diamorphine and sentenced him to 28 years' imprisonment.
    • Category: Substantive
    • Related Cases:
      • [2015] 5 SLR 122
      • [2017] 2 SLR 115
      • [2017] 5 SLR 564
  2. Sentencing for Drug Offences
    • Outcome: The court applied the sentencing framework from Vasentha and Suventher, considering drug quantity, culpability, and mitigating factors to determine the appropriate sentence.
    • Category: Procedural
    • Related Cases:
      • [2015] 5 SLR 122
      • [2017] 2 SLR 115
      • [2017] 5 SLR 564
      • [2009] 3 SLR(R) 414

8. Remedies Sought

  1. Imprisonment

9. Cause of Actions

  • Conspiracy to traffic in a Class A controlled drug

10. Practice Areas

  • Criminal Litigation
  • Drug Trafficking

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Vasentha d/o Joseph v Public ProsecutorCourt of AppealYes[2015] 5 SLR 122SingaporeCited for the sentencing framework related to drug offences, considering quantity, culpability, and mitigating factors.
Suventher Shanmugam v Public ProsecutorCourt of AppealYes[2017] 2 SLR 115SingaporeEndorsed the sentencing approach in Vasentha, emphasizing proportionality to drug quantity and adjustments for culpability and other factors.
Public Prosecutor v Tan Lye HengHigh CourtYes[2017] 5 SLR 564SingaporeApplied the Vasentha framework to diamorphine trafficking, establishing indicative starting points based on quantity.
Angliss Singapore Pte Ltd v Public ProsecutorHigh CourtYes[2006] 4 SLR(R) 653SingaporeCited for the proposition that a lighter sentence should be imposed where the accused person is genuinely remorseful.
Jeffery bin Abdullah v Public ProsecutorHigh CourtYes[2009] 3 SLR(R) 414SingaporeCited for factors considered in sentencing, including drug quantity, type, offense duration, sophistication, and relative participation.
Murugesan a/l Arumugam v Public ProsecutorSingapore Court of AppealYes[2021] SGCA 32SingaporeFollowed the indicative starting points for diamorphine trafficking adopted in Tan Lye Heng.

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) read with s 12 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 33(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed)Singapore
s 46(2) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed)Singapore
s 34 of the Penal Code (Cap 224, 2008 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Drug trafficking
  • Conspiracy
  • Misuse of Drugs Act
  • Sentencing framework
  • Culpability
  • Mitigating factors
  • CDSA Charges

15.2 Keywords

  • diamorphine
  • drug trafficking
  • conspiracy
  • Misuse of Drugs Act
  • Singapore
  • criminal law

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Sentencing

17. Areas of Law

  • Criminal Law
  • Statutory Offences
  • Misuse of Drugs Act