Public Prosecutor v Omar bin Yacob Bamadhaj: Importation of Cannabis and Statutory Offences
In [2021] SGHC 46, the General Division of the High Court of Singapore convicted Omar bin Yacob Bamadhaj of importing not less than 1009.1g of cannabis into Singapore, in violation of section 7 of the Misuse of Drugs Act. The court, presided over by Tan Siong Thye J, found that the prosecution had proven beyond a reasonable doubt that Omar knowingly and intentionally imported the drugs. Omar's defense that he was unaware of the contents was rejected. As the requirements for alternative sentencing were not met, the court imposed the mandatory death sentence.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Conviction and mandatory death sentence imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Omar bin Yacob Bamadhaj was convicted of importing cannabis into Singapore, violating the Misuse of Drugs Act. The court sentenced him to death.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Senthilkumaran s/o Sabapathy of Attorney-General’s Chambers Gabriel Lim Cher Wei of Attorney-General’s Chambers |
| Omar bin Yacob Bamadhaj | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Senthilkumaran s/o Sabapathy | Attorney-General’s Chambers |
| Gabriel Lim Cher Wei | Attorney-General’s Chambers |
| Kishan Pratap | Kishan Law Chambers LLC |
| Ho Thiam Huat | T H Ho Law Chambers |
4. Facts
- Omar and his father entered Singapore from Malaysia via Woodlands Checkpoint.
- Aetos officer discovered three bundles of vegetable matter in Omar's bag.
- The bundles were wrapped in aluminum foil, cling wrap, and newspaper.
- The vegetable matter was analyzed and found to be cannabis, weighing not less than 1009.1g.
- Omar initially stated the bundles contained 'plants for herbs'.
- Text messages showed Omar pre-ordered the bundles from 'Jay'.
- Omar claimed Din and/or Latif placed the bundles in his bag without his knowledge.
5. Formal Citations
- Public Prosecutor v Omar bin Yacob Bamadhaj, Criminal Case No 46 of 2019, [2021] SGHC 46
6. Timeline
| Date | Event |
|---|---|
| Omar imported cannabis into Singapore at Woodlands Checkpoint. | |
| Omar was arrested. | |
| First Oral Statement given to Cpl Loo. | |
| Second Oral Statement given to Sgt Faliq. | |
| Third Oral Statement given to Sgt Zuhaidi. | |
| Contemporaneous Statement recorded by Sgt Zuhaidi. | |
| Cautioned Statement recorded by IO Shamaani. | |
| First Long Statement recorded by IO Shamaani. | |
| Second Long Statement recorded by IO Shamaani. | |
| Third Long Statement recorded by IO Shamaani. | |
| Fourth Long Statement recorded by IO Shamaani. | |
| Fifth Long Statement recorded by IO Shamaani. | |
| Trial began. | |
| NEs, 6 October 2020, p 66, line 18 to p 67, line 21. | |
| NEs, 7 October 2020, p 12, line 30 to p 13, line 13; p 15, lines 8–12. | |
| NEs, 8 October 2020, p 7, line 26 to p 8, line 1. | |
| NEs, 9 October 2020, p 41, line 26 to p 42, line 7. | |
| NEs, 13 October 2020, p 39, line 21 to p 40, line 17. | |
| NEs, 14 October 2020, p 45, lines 3–23. | |
| Trial Resumed. | |
| Judgment reserved. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found the defendant guilty of importing cannabis, a controlled drug, into Singapore.
- Category: Substantive
- Related Cases:
- [2019] 2 SLR 254
- [2020] 2 SLR 1375
- Voluntariness of Statements
- Outcome: The court determined that the defendant's statements were given voluntarily and were admissible as evidence.
- Category: Procedural
- Related Cases:
- [1998] 3 SLR(R) 619
- [2019] SGHC 268
- Application of Statutory Presumptions
- Outcome: The court applied the statutory presumptions regarding possession and knowledge of the nature of the drugs, finding that the defendant failed to rebut these presumptions.
- Category: Substantive
- Related Cases:
- [2020] SGCA 102
- Alternative Sentencing under s 33B of the MDA
- Outcome: The court found that while the defendant's involvement was limited to transporting the drugs, he did not receive a certificate of substantive assistance, thus the alternative sentencing regime was not available.
- Category: Substantive
- Related Cases:
- [2019] 1 SLR 724
8. Remedies Sought
- Conviction
- Sentencing according to the Misuse of Drugs Act
9. Cause of Actions
- Importation of a controlled drug (cannabis) without authorization
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chai Chien Wei Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 3 SLR(R) 619 | Singapore | Cited for the test of voluntariness of statements, specifically the objective and subjective limbs of the test. |
| Public Prosecutor v Mohamed Ansari bin Mohamed Abdul Aziz and another | High Court | No | [2019] SGHC 268 | Singapore | Cited regarding the burden of proof for voluntariness of statements. |
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 254 | Singapore | Cited for the elements of a charge under s 7 of the MDA for importation of a controlled drug. |
| Beh Chew Boo v Public Prosecutor | Court of Appeal | Yes | [2020] 2 SLR 1375 | Singapore | Cited for the elements of a charge under s 7 of the MDA for importation of a controlled drug and the use of coded language in drug transactions. |
| Gobi a/l Avedian v Public Prosecutor | Court of Appeal | Yes | [2020] SGCA 102 | Singapore | Cited regarding the applicability of s 18(2) of the MDA. |
| Zamri bin Mohd Tahir v Public Prosecutor | Court of Appeal | Yes | [2019] 1 SLR 724 | Singapore | Cited regarding the interpretation of s 33B(2)(a) of the MDA and the assessment of an accused's role as a courier. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 7 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 258(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis
- Importation
- Controlled drug
- Woodlands Checkpoint
- Statutory presumption
- Voluntariness of statement
- Courier
- Certificate of substantive assistance
15.2 Keywords
- Cannabis
- Importation
- Singapore
- Misuse of Drugs Act
- Criminal Law
- Drug Offence
- Death Penalty
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 85 |
| Sentencing | 80 |
| Evidence | 60 |
| Statutory Interpretation | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Importation of Drugs