Public Prosecutor v Sumardi Bin Sjahril Habibie: Trafficking of Diamorphine under the Misuse of Drugs Act

In the case of Public Prosecutor v Sumardi Bin Sjahril Habibie, heard in the General Division of the High Court of Singapore on January 29, 2021, the court convicted Mr. Sumardi Bin Sjahril Habibie for possession of not less than 32.51g of diamorphine for the purpose of trafficking, an offence under the Misuse of Drugs Act. The court found that his involvement was restricted to transporting, sending, or delivering the drugs and, with a certificate of substantive assistance from the Prosecution, sentenced him to life imprisonment and the mandatory minimum of 15 strokes of the cane.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Accused convicted and sentenced to life imprisonment and the mandatory minimum of 15 strokes of the cane.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Sumardi Bin Sjahril Habibie was convicted of possessing diamorphine for trafficking under the Misuse of Drugs Act. He was sentenced to life imprisonment and caning after receiving a certificate of substantive assistance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorPlaintiffGovernment AgencyJudgment for PlaintiffWon
Lim Shin Hui of Attorney-General’s Chambers
Terence Chua of Attorney-General’s Chambers
Lim Woon Yee of Attorney-General’s Chambers
Sumardi Bin Sjahril HabibieDefendantIndividualConvictionLost

3. Judges

Judge NameTitleDelivered Judgment
Chua Lee MingJudgeYes

4. Counsels

Counsel NameOrganization
Lim Shin HuiAttorney-General’s Chambers
Terence ChuaAttorney-General’s Chambers
Lim Woon YeeAttorney-General’s Chambers
Ramesh Chandr TiwaryRamesh Tiwary
Si Hoe Tat ChorngAcacia Legal LLC
Ranadhir GuptaA Zamzam & Co

4. Facts

  1. The accused collected five bundles from a male Indian on Boss’ instructions.
  2. The accused placed the five bundles in his “Yamaha” helmet bag.
  3. The accused was instructed to deliver three of the bundles to a Malay man.
  4. CNB officers arrested the accused at the open space carpark at Block 2, Beach Road.
  5. The accused admitted to possessing “5 batu inside Yamaha helmet bag”.
  6. The Drugs were found to contain not less than 32.51g of diamorphine.

5. Formal Citations

  1. Public Prosecutor v Sumardi bin Sjahril Habibie, Criminal Case No 59 of 2019, [2021] SGHC 51

6. Timeline

DateEvent
Accused remanded
Accused collected five bundles of drugs
Accused arrested by CNB officers
Trial began
Judgment issued
Judgment issued

7. Legal Issues

  1. Possession of controlled drugs for the purpose of trafficking
    • Outcome: The court convicted the accused of possession of diamorphine for the purpose of trafficking.
    • Category: Substantive

8. Remedies Sought

  1. Conviction and sentencing under the Misuse of Drugs Act

9. Cause of Actions

  • Violation of s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)

10. Practice Areas

  • Criminal Law
  • Drug Trafficking

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Controlled drug
  • Substantive assistance
  • CNB
  • MDA

15.2 Keywords

  • Criminal Law
  • Drug Trafficking
  • Misuse of Drugs Act
  • Diamorphine
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act100
Criminal Law90
Sentencing70
Criminal Procedure60

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Misuse of Drugs Act