PP v Muhammad Hakam: Trafficking Cannabis - Sentencing
In Public Prosecutor v Muhammad Hakam bin Suliman, the General Division of the High Court of Singapore sentenced Muhammad Hakam to 24 years' imprisonment and 15 strokes of the cane for possessing not less than 499.99g of cannabis for the purpose of trafficking, an offence under the Misuse of Drugs Act. The court, presided over by Ang Cheng Hock J, considered the sentencing framework in Vasentha and Suventher, taking into account the quantity of drugs, the offender's culpability, and mitigating factors such as his early guilty plea and cooperation with authorities. A second charge was taken into consideration for sentencing. The sentence was backdated to the date of his arrest on 27 September 2018. The accused has appealed against his sentence.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Accused sentenced to 24 years’ imprisonment and 15 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Muhammad Hakam was sentenced to 24 years' imprisonment and 15 strokes of the cane for possessing cannabis for trafficking. The court considered mitigating factors.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentence imposed | Lost | Anandan Bala of Attorney-General’s Chambers Pavithra Ramkumar of Attorney-General’s Chambers Chin Jincheng of Attorney-General’s Chambers |
| Muhammad Hakam bin Suliman | Defendant | Individual | Sentence imposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ang Cheng Hock | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anandan Bala | Attorney-General’s Chambers |
| Pavithra Ramkumar | Attorney-General’s Chambers |
| Chin Jincheng | Attorney-General’s Chambers |
| Ramesh Chandr Tiwary | Ramesh Tiwary |
| Rabi Ahmad s/o Abdul Ravoof | I.R.B Law LLP |
4. Facts
- The accused pleaded guilty to possession of not less than 499.99g of cannabis for trafficking.
- The accused was arrested on 27 September 2018 in the vicinity of Kian Teck Road.
- The cannabis was found in a green car in 23 blocks and 5 packets of vegetable matter.
- The accused collected a large blue recycling bag containing two blue cooler bags from Tampines Block.
- The accused received an off-white plastic bag from a motorcycle rider in Lok Yang Road.
- The accused was 21 years old at the time of the offence.
- A second charge of possession of a controlled drug under s 8(a) of the MDA was taken into consideration for sentencing.
5. Formal Citations
- Public Prosecutor v Muhammad Hakam bin Suliman, Criminal Case No 25 of 2022, [2022] SGHC 160
6. Timeline
| Date | Event |
|---|---|
| Accused committed the offence | |
| Accused was arrested | |
| Hearing | |
| Judgment issued |
7. Legal Issues
- Drug Trafficking
- Outcome: The court found the accused guilty of drug trafficking.
- Category: Substantive
- Related Cases:
- [2015] 5 SLR 122
- [2017] 2 SLR 115
- Sentencing
- Outcome: The court sentenced the accused to 24 years’ imprisonment and 15 strokes of the cane, backdated to the date of arrest.
- Category: Procedural
- Related Cases:
- [2015] 5 SLR 122
- [2017] 2 SLR 115
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Drug Trafficking
- Possession of Controlled Drugs
10. Practice Areas
- Criminal Law
- Sentencing
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Vasentha d/o Joseph v Public Prosecutor | High Court | Yes | [2015] 5 SLR 122 | Singapore | Cited for the sentencing framework for drug trafficking and importation offences. |
| Suventher Shanmugam v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 115 | Singapore | Endorsed the sentencing framework in Vasentha and laid down the applicable sentencing guidelines for the unauthorised import or trafficking of cannabis. |
| Murugesan a/l Arumugam v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 32 | Singapore | Cited for the approach to determine the indicative starting point for sentencing based on the quantity of drugs. |
| Public Prosecutor v Poopathi Chinaiyah s/o Paliandi | High Court | Yes | [2020] 5 SLR 734 | Singapore | Distinguished from the present case due to the accused's previous conviction for trafficking in cannabis and a more involved role motivated by financial reward. |
| Public Prosecutor v Muhammad Nur Azam bin Mohamad Indra and another | High Court | Yes | [2020] 4 SLR 1255 | Singapore | Distinguished from the present case because the accused was paid for bringing cannabis into Singapore and there were two charges taken into consideration for the purposes of sentencing. |
| Kannan s/o Birasenggam v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 15 | Singapore | Distinguished from the present case due to the absence of the aggravating factor of offending while on bail. |
| Public Prosecutor v Muhammad Nor Haiqal bin Shaman | High Court | Yes | [2017] SGHC 292 | Singapore | Cited by the Defence and distinguished because the offender was below the age of 21 at the time of offending. |
| Parthiban a/l Kanapathy v Public Prosecutor | Court of Appeal | Yes | [2021] 2 SLR 847 | Singapore | Cited by the Defence and distinguished because the offender was below the age of 21 at the time of offending, was motivated by financial advantage and took steps to conceal the drugs. |
| Public Prosecutor v Pham Duyen Quyen | N/A | Yes | [2016] 5 SLR 1289 | Singapore | Cited for the principle that the accused's relatively young age as an adult could be taken into consideration in sentencing. |
| Soh Qiu Xia Katty v Public Prosecutor | N/A | Yes | [2019] 3 SLR 568 | Singapore | Cited for the principle that the accused's relatively young age as an adult could be taken into consideration in sentencing. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cannabis
- Drug trafficking
- Misuse of Drugs Act
- Sentencing
- Mitigating factors
- Culpability
- Indicative starting point
15.2 Keywords
- Cannabis
- Drug Trafficking
- Singapore
- Criminal Law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Sentencing | 85 |
| Criminal Procedure | 85 |
| Offences | 60 |
| Theft | 10 |
16. Subjects
- Criminal Law
- Drug Offences
- Sentencing