Public Prosecutor v Roszaidi bin Osman: Misuse of Drugs Act & Diminished Responsibility
In Public Prosecutor v Roszaidi bin Osman, the High Court of Singapore considered whether Roszaidi bin Osman, convicted of drug trafficking under the Misuse of Drugs Act, could avail himself of the alternative sentencing regime under s 33B(1)(b) of the MDA. The court, presided over by Choo Han Teck J, heard additional evidence to determine if Roszaidi's mental disorders substantially impaired his mental responsibility. The court found that Roszaidi did not satisfy the requirements under s 33B(3)(b) of the MDA and could not avail himself of the alternative sentencing regime.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Roszaidi does not satisfy the requirements under s 33B(3)(b) of the Misuse of Drugs Act and, consequently, cannot avail himself of the alternative sentencing regime under s 33B(1)(b) of the Misuse of Drugs Act.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Roszaidi bin Osman was convicted of drug trafficking. The court considered whether his mental disorders substantially impaired his mental responsibility under the Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Defendant does not qualify for alternative sentencing | Lost | Hay Hung Chun of Attorney-General’s Chambers Soh Weiqi of Attorney-General’s Chambers Yan Jiakang of Attorney-General’s Chambers |
| Roszaidi bin Osman | Defendant | Individual | Does not qualify for alternative sentencing | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hay Hung Chun | Attorney-General’s Chambers |
| Soh Weiqi | Attorney-General’s Chambers |
| Yan Jiakang | Attorney-General’s Chambers |
| Suang Wijaya | Eugene Thuraisingam LLP |
| Eugene Singarajah Thuraisingam | Eugene Thuraisingam LLP |
| Johannes Hadi | Eugene Thuraisingam LLP |
4. Facts
- Roszaidi collected a red plastic bag containing not less than 32.54g of diamorphine.
- Roszaidi handed the drugs to his wife, Azidah.
- Roszaidi was charged under s 5(1)(a) of the Misuse of Drugs Act for trafficking in the drugs.
- Roszaidi claimed he trafficked drugs for Is Cangeh to get paid and satisfy his drug addiction.
- Roszaidi asked his pregnant wife to keep the drugs for him.
- Roszaidi suffered from major depressive disorder and substance use disorder.
5. Formal Citations
- Public Prosecutor v Roszaidi bin Osman, Criminal Case No 11 of 2018, [2021] SGHC 22
6. Timeline
| Date | Event |
|---|---|
| Roszaidi collected a red plastic bag containing not less than 32.54g of diamorphine. | |
| Criminal Case No 11 of 2018 was filed. | |
| Roszaidi was found guilty of drug trafficking. | |
| Criminal Appeal No 2 of 2019 (“CA 2”) was filed. | |
| Criminal Motion No 17 of 2019 (“CM 17”) was filed. | |
| Hearing commenced. | |
| Hearing continued. | |
| Judgment reserved. |
7. Legal Issues
- Diminished Responsibility
- Outcome: The court found that Roszaidi's MDD arose from an inherent cause, but there was insufficient evidence to show that it substantially impaired his mental responsibility for his acts and omissions.
- Category: Substantive
- Sub-Issues:
- Abnormality of mind
- Inherent cause of abnormality
- Substantial impairment of mental responsibility
- Related Cases:
- [2019] 2 SLR 216
8. Remedies Sought
- Alternative sentencing regime under s 33B(1)(b) of the MDA
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- Law Enforcement
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mohammad Azli bin Mohammad Salleh v Public Prosecutor and another appeal and other matters | Court of Appeal | Yes | [2020] 1 SLR 1374 | Singapore | Cited for the Court of Appeal's findings regarding Roszaidi being a mere courier and the need for additional evidence on his mental state under s 33B of the MDA. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 216 | Singapore | Cited for the three requirements that an accused must prove to satisfy the exception on diminished responsibility under s 33B(3)(b) of the MDA. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 5(1)(a) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 33B(1)(b) of the Misuse of Drugs Act | Singapore |
| s 33B(3)(a) of the Misuse of Drugs Act | Singapore |
| s 33B(3)(b) of the Misuse of Drugs Act | Singapore |
| s 392(1) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 300 of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug trafficking
- Misuse of Drugs Act
- Diminished responsibility
- Major depressive disorder
- Substance use disorder
- Abnormality of mind
- Inherent cause
- Impaired rational judgment
15.2 Keywords
- Drug trafficking
- Diminished responsibility
- Mental disorder
- Misuse of Drugs Act
- Singapore
- Criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Psychiatry | 70 |
| Criminal Procedure | 60 |
| Sentencing | 60 |
| Evidence | 50 |
| Penal Code | 40 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing
- Mental Health Law