PP v Mohammad Shaffy bin Hassan: Trafficking Diamorphine under Misuse of Drugs Act
In Public Prosecutor v Mohammad Shaffy bin Hassan, the General Division of the High Court of Singapore convicted Mohammad Shaffy of possession of diamorphine for the purpose of trafficking under the Misuse of Drugs Act. Shaffy claimed he was supposed to receive ecstasy pills and intended to return the bundles upon discovering they contained diamorphine. Justice Audrey Lim rejected his defense, found him guilty beyond a reasonable doubt, and, as no certificate of substantive assistance was issued and he was not deemed a courier, imposed the mandatory death sentence. The case involved a charge under section 5(1)(a) read with section 5(2) of the Misuse of Drugs Act.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused convicted on the charge and sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mohammad Shaffy was convicted of possessing diamorphine for trafficking under the Misuse of Drugs Act and sentenced to death. The court rejected his defense.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Lum Wen Yi Dwayne, Lim Woon Yee |
| Mohammad Shaffy bin Hassan | Defendant | Individual | Conviction and Death Sentence | Lost | Hassan Esa Almenoar, Ramason Raji, Yong Pui Yu Liane, Nathan Edmund |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Audrey Lim | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lum Wen Yi Dwayne | Attorney-General’s Chambers |
| Lim Woon Yee | Attorney-General’s Chambers |
| Hassan Esa Almenoar | R Ramason & Almenoar |
| Ramason Raji | R Ramason & Almenoar |
| Yong Pui Yu Liane | R Ramason & Almenoar |
| Nathan Edmund | Lions Chambers LLC |
4. Facts
- Shaffy was arrested on 21 June 2018 for possession of drugs.
- CNB officers intercepted Shaffy's vehicle at East Coast Parkway.
- 1047.02 grams of granular substance containing 16.34 grams of diamorphine were found in Shaffy's bag.
- Shaffy claimed he was supposed to receive ecstasy pills, not heroin.
- Shaffy admitted to previously delivering drugs for MB.
- Hanafiah testified he ordered heroin from Shaffy for $3,200.
- WhatsApp messages showed Shaffy discussing drug prices with Faliq.
5. Formal Citations
- Public Prosecutor v Mohammad Shaffy bin Hassan, Criminal Case No 18 of 2021, [2022] SGHC 111
6. Timeline
| Date | Event |
|---|---|
| Shaffy arrested at East Coast Parkway Exit 10B slip road. | |
| Drugs and other items recovered from Shaffy's car. | |
| Shaffy's residence searched; drug-related items found. | |
| Statements recorded from Shaffy. | |
| Cautioned statement recorded from Shaffy. | |
| Investigative statements recorded from Shaffy. | |
| Investigative statement recorded from Shaffy. | |
| Dr. Cheow examined Shaffy. | |
| Dr. Cheow examined Shaffy. | |
| Dr. Cheow examined Shaffy. | |
| Dr. Cheow's medical report issued. | |
| Investigative statement recorded from Shaffy. | |
| Investigative statement recorded from Shaffy. | |
| Hanafiah made investigative statement. | |
| Hanafiah made investigative statement. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Defence's and Prosecution's written submissions. | |
| Defence's reply submissions. | |
| Defence's written submissions. | |
| Judgment delivered. |
7. Legal Issues
- Possession of Controlled Drug for Trafficking
- Outcome: The court found that the Prosecution had proved beyond a reasonable doubt that Shaffy was in possession of the Drugs for the purpose of trafficking.
- Category: Substantive
- Sub-Issues:
- Actual possession
- Knowledge of the nature of the drug
- Purpose of trafficking
- Related Cases:
- [2019] 1 SLR 1003
- Integrity of Chain of Custody
- Outcome: The court was satisfied that the Prosecution had established beyond a reasonable doubt the chain of custody of the Drugs.
- Category: Procedural
- Sub-Issues:
- Handling of exhibits
- Discovery of extra packet of drugs
- Tampering of evidence
- Related Cases:
- [2019] 1 SLR 440
- Rebuttal of Presumption of Knowledge
- Outcome: The court found that Shaffy had failed to rebut the presumption of knowledge under s 18(2) of the MDA.
- Category: Substantive
- Sub-Issues:
- Accused's knowledge of drug type
- Circumstantial evidence of knowledge
- Inconsistencies in statements
- Eligibility for Alternative Sentencing
- Outcome: The court agreed with the Prosecution that Shaffy had failed to show that his involvement in the offence was restricted to the activities set out in s 33B(2)(a) of the MDA and the Prosecution did not issue Shaffy with a CSA.
- Category: Substantive
- Sub-Issues:
- Role as courier
- Certificate of substantive assistance
- Discretion of the court
- Related Cases:
- [2018] 1 SLR 449
8. Remedies Sought
- Conviction
- Mandatory death sentence
9. Cause of Actions
- Possession of diamorphine for the purpose of trafficking
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ramesh a/l Perumal v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 1003 | Singapore | Cited for the elements to be proved for a charge of possession of a controlled drug for the purpose of trafficking under s 5(1)(a) read with s 5(2) of the MDA. |
| Mohamed Affandi bin Rosli v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 440 | Singapore | Cited for the principle that the Prosecution must account for the movement of the exhibits from the point of seizure to analysis. |
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 254 | Singapore | Cited for the definition of possession for the purposes of the MDA. |
| Gobi a/l Avedian v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 180 | Singapore | Cited regarding the accused's belief about the contents of the exhibits. |
| Zainudin bin Mohamed v Public Prosecutor | Court of Appeal | Yes | [2018] 1 SLR 449 | Singapore | Cited for the interpretation of acts 'preparatory to or for the purpose of' transporting, sending or delivering a controlled drug under s 33B(2)(a) of the MDA. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 18(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(2)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B(2)(b) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Misuse of Drugs Act
- Courier
- Certificate of Substantive Assistance
- Chain of Custody
- Presumption of Knowledge
- Hot
- Panas
- Ecstasy
15.2 Keywords
- Diamorphine
- Drug Trafficking
- Singapore
- Misuse of Drugs Act
- Death Penalty
16. Subjects
- Criminal Law
- Drug Trafficking
17. Areas of Law
- Criminal Law
- Statutory Offences
- Drug Trafficking
- Misuse of Drugs Act