Public Prosecutor v Muhammed Izwan: Drug Trafficking Conspiracy under Misuse of Drugs Act
In [2022] SGHC 40, the High Court of Singapore convicted Muhammed Izwan bin Borhan and Ahmad Suhaimi bin Ismail on drug trafficking charges. Izwan was found guilty of possessing diamorphine and methamphetamine for trafficking purposes. Suhaimi was convicted of abetting Izwan's offenses through conspiracy. The court, presided over by Chua Lee Ming J, found sufficient evidence to prove the charges beyond a reasonable doubt, rejecting the defendants' claims of broken chain of custody and lack of knowledge. The case involved a joint order for drugs, with each party intending to traffic their share.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Izwan and Suhaimi convicted on all charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Izwan and Suhaimi were convicted for drug trafficking. Izwan for possessing diamorphine and methamphetamine, Suhaimi for abetting the offenses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Kumaresan Gohulabalan of Attorney-General’s Chambers Stephanie Koh of Attorney-General’s Chambers |
| Muhammed Izwan bin Borhan | Defendant | Individual | Convicted on all charges | Lost | |
| Ahmad Suhaimi bin Ismail | Defendant | Individual | Convicted on all charges | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kumaresan Gohulabalan | Attorney-General’s Chambers |
| Stephanie Koh | Attorney-General’s Chambers |
| Cheong Jun Ming Mervyn | Advocatus Law LLP |
| Loh Guo Wei Melvin | Grace Chacko Law Practice |
| Lum Guo Rong | Lexcompass LLC |
| Mohamed Niroze Idroos | Niroze Idroos LLC |
| Si Hoe Tat Chorng | Acacia Legal LLC |
4. Facts
- Izwan and Suhaimi were jointly charged with drug trafficking offences.
- Izwan was found in possession of diamorphine and methamphetamine.
- Suhaimi was accused of abetting Izwan's offences through conspiracy.
- Izwan collected five 'biji' of heroin and one packet of Ice at Toh Guan East.
- Izwan repacked the drugs at his home.
- Suhaimi received two packets of Ice from Izwan.
- Both Izwan and Suhaimi claimed trial.
5. Formal Citations
- Public Prosecutor v Muhammed Izwan bin Borhan and another, Criminal Case No 32 of 2019, [2022] SGHC 40
6. Timeline
| Date | Event |
|---|---|
| Muhammed Izwan bin Borhan's date of birth. | |
| Ahmad Suhaimi bin Ismail's date of birth. | |
| Izwan and Suhaimi first met. | |
| Izwan and Suhaimi met at prison school. | |
| Izwan was released from prison. | |
| Suhaimi was released from prison. | |
| Izwan collected drugs at Toh Guan East. | |
| Izwan and Suhaimi were arrested. | |
| Case exhibits were photographed and weighed. | |
| Trial began. | |
| Closing submissions were made. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court convicted both defendants on charges related to drug trafficking.
- Category: Substantive
- Related Cases:
- [2019] 1 SLR 1003
- [2021] SGCA 103
- Voluntariness of Statements
- Outcome: The court admitted all of Izwan's statements into evidence after holding ancillary hearings and determining they were voluntary.
- Category: Procedural
- Related Cases:
- [1998] 3 SLR(R) 619
- [2021] 1 SLR 557
- Chain of Custody
- Outcome: The court found that the chain of custody was not broken with respect to the drugs.
- Category: Procedural
- Related Cases:
- [2019] 1 SLR 440
- [2009] 4 SLR(R) 946
- Abetment by Conspiracy
- Outcome: The court found Suhaimi guilty of abetting the drug trafficking offences through conspiracy with Izwan.
- Category: Substantive
- Related Cases:
- [2012] SGCA 18
- [2018] 1 SLR 610
- [1998] 1 SLR(R) 259
- [2021] SGCA 110
8. Remedies Sought
- Conviction
- Punishment under the Misuse of Drugs Act
9. Cause of Actions
- Drug Trafficking
- Abetment of Drug Trafficking by Conspiracy
10. Practice Areas
- Criminal Law
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chai Chien Wei Kelvin v Public Prosecutor | N/A | Yes | [1998] 3 SLR(R) 619 | Singapore | Cited for the test of voluntariness under s 258(3) of the Criminal Procedure Code. |
| Sulaiman bin Jumari v Public Prosecutor | N/A | Yes | [2021] 1 SLR 557 | Singapore | Cited for affirming the test of voluntariness under s 258(3) of the Criminal Procedure Code. |
| Mohamed Affandi bin Rosli v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 440 | Singapore | Cited regarding the burden of proof on the Prosecution to establish the chain of custody of drug exhibits. |
| PP v Chen Mingjian | N/A | Yes | [2009] 4 SLR(R) 946 | Singapore | Cited regarding the need to account for every moment in the chain of custody of exhibits. |
| Ramesh a/l Perumal v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 1003 | Singapore | Cited to define 'bailee' in the context of drug trafficking offences. |
| Roshdi bin Abdullah Altway v Public Prosecutor and another matter | Court of Appeal | Yes | [2021] SGCA 103 | Singapore | Cited to clarify the definition of 'bailee' in the context of drug trafficking offences. |
| Chan Heng Kong and another v Public Prosecutor | Court of Appeal | Yes | [2012] SGCA 18 | Singapore | Cited to define 'abet' in s 12 of the Misuse of Drugs Act. |
| Ali bin Mohamad Bahashwan v Public Prosecutor and other appeals | N/A | Yes | [2018] 1 SLR 610 | Singapore | Cited for the mens rea requirement for abetment by conspiracy. |
| Nomura Taiji & Ors v Public Prosecutor | N/A | Yes | [1998] 1 SLR(R) 259 | Singapore | Cited regarding the knowledge required for co-conspirators in a conspiracy. |
| Chandroo Subramaniam v Public Prosecutor and other appeals | Court of Appeal | Yes | [2021] SGCA 110 | Singapore | Cited regarding the knowledge of the nature of drugs trafficked in abetment cases. |
| Masoud Rahimi bin Mehrzad v Public Prosecutor and another appeal | N/A | Yes | [2017] 1 SLR 257 | Singapore | Cited for the elements of the offence under s 5(1)(a) read with s 5(2) 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) | Singapore |
| s 5(1)(a) of the Misuse of Drugs Act | Singapore |
| s 5(2) of the Misuse of Drugs Act | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 12 of the Misuse of Drugs Act | Singapore |
| s 33B(1) of the Misuse of Drugs Act | Singapore |
| s 33B(2) of the Misuse of Drugs Act | Singapore |
| s 33B(3) of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 143(g) of the Criminal Procedure Code | Singapore |
| s 128(1) of the Criminal Procedure Code | Singapore |
| s 258(3) of the Criminal Procedure Code | Singapore |
| s 279(7) of the Criminal Procedure Code | Singapore |
| s 279(8) of the Criminal Procedure Code | Singapore |
| ss 17(c) of the Misuse of Drugs Act | Singapore |
| ss 17(h) of the Misuse of Drugs Act | Singapore |
| Penal Code 1871 (2020 Rev Ed) | Singapore |
| s 107(1)(b) of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Methamphetamine
- Trafficking
- Conspiracy
- Abetment
- Joint Order
- Chain of Custody
- Voluntariness of Statements
- Biji
- Ice
15.2 Keywords
- Drug Trafficking
- Misuse of Drugs Act
- Conspiracy
- Singapore
- Criminal Law
- Diamorphine
- Methamphetamine
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 75 |
| Sentencing | 75 |
| Criminal Procedure | 75 |
| Conspiracy | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Conspiracy
- Criminal Procedure
- Evidence