PP v Wan Azasar: Misuse of Drugs Act Importation - Diamorphine, Methamphetamine, Cannabis
In [2022] SGHC 85, the High Court of Singapore found Wan Azasar bin Wan Yusoff guilty of three charges under the Misuse of Drugs Act for importing diamorphine, methamphetamine, and cannabis into Singapore. The court rejected Wan Azasar's defense of ignorance, concluding that he knowingly possessed and imported the drugs. The judgment was delivered by Justice Dedar Singh Gill.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Guilty of the First, Second and Third Charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Wan Azasar was convicted of importing diamorphine, methamphetamine, and cannabis into Singapore, violating the Misuse of Drugs Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction on all charges | Won | Agnes Chan of Attorney-General’s Chambers Rimplejit Kaur of Attorney-General’s Chambers |
| Wan Azasar bin Wan Yusoff | Defendant | Individual | Guilty of the First, Second and Third Charges | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Dedar Singh Gill | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Agnes Chan | Attorney-General’s Chambers |
| Rimplejit Kaur | Attorney-General’s Chambers |
| Johan bin Ismail | Johan Ismail & Co |
| Shabira Banu d/o Abdul Kalam Azad | K Ravi Law Corporation |
4. Facts
- Accused claimed trial to importing not less than 27.34g of diamorphine, 340.43g of methamphetamine and 656.53g of cannabis into Singapore.
- Drugs were recovered from the accused’s car at the Woodlands Checkpoint.
- Accused claimed he only knowingly imported 3.75g of heroin, denying knowledge of the remaining drugs.
- ICA officers arrested the accused after suspected drugs were found in the car during a random check.
- Statements were recorded from the accused at various times after his arrest.
- Accused's DNA was found on Exhibit E3.
- Accused confessed to Dr. Goh that he knowingly brought ice, heroin and ganja into Singapore.
5. Formal Citations
- Public Prosecutor v Wan Azasar bin Wan Yusoff, Criminal Case No 7 of 2021, [2022] SGHC 85
6. Timeline
| Date | Event |
|---|---|
| Accused arrested at Woodlands Checkpoint. | |
| First Contemporaneous Statement recorded. | |
| Second Contemporaneous Statement recorded. | |
| First Cautioned Statement recorded. | |
| Second Cautioned Statement recorded. | |
| Third Cautioned Statement recorded. | |
| Exhibits submitted to the HSA for analysis. | |
| First Long Statement recorded. | |
| Second Long Statement recorded. | |
| Accused examined by Dr. Goh. | |
| Accused examined by Dr. Goh. | |
| Accused examined by Dr. Goh. | |
| Accused examined by Dr. Goh. | |
| Third Long Statement recorded. | |
| Fourth Long Statement recorded. | |
| Trial began. | |
| Trial concluded. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Importation of Controlled Drugs
- Outcome: The court found the accused guilty of importing diamorphine, methamphetamine, and cannabis, thereby violating s 7 of the Misuse of Drugs Act.
- Category: Substantive
- Admissibility of Statements
- Outcome: The court admitted the Third Long Statement after an ancillary hearing, finding it was voluntarily made and accurately recorded.
- Category: Procedural
- Presumption of Possession
- Outcome: The court found that the presumption of possession under s 21 of the MDA was applicable and not successfully rebutted by the accused.
- Category: Substantive
- Presumption of Knowledge
- Outcome: The court found that the presumption of knowledge under s 18(2) of the MDA was applicable and not successfully rebutted by the accused.
- Category: Substantive
8. Remedies Sought
- Punishment under s 33(1) of the MDA
9. Cause of Actions
- Importation of Controlled Drugs
10. Practice Areas
- Criminal Law
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Adili Chibuike Ejike v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 254 | Singapore | Cited for the elements of the offence of importation of a controlled drug under s 7 of the MDA. |
| Sulaiman bin Jumari v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 557 | Singapore | Cited for the two-stage test for determining the voluntariness of a statement. |
| Public Prosecutor v Parthiban Kanapathy | High Court | Yes | [2021] 5 SLR 372 | Singapore | Cited regarding the accuracy and authenticity of recorded statements in ancillary hearings. |
| Mohamed Affandi bin Rosli v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 1 SLR 440 | Singapore | Cited for the burden of proof regarding the chain of custody of exhibits. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for the requirements to displace the presumption under s 18(2) of the MDA. |
| Gobi a/l Avedian v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 180 | Singapore | Cited for the principle that an accused person may be said to be indifferent to the nature of the thing in his possession if he had the ready means and opportunity to verify what he was carrying. |
| Ilechukwu Uchechukwu Chukwudi v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 67 | Singapore | Cited for the principle that if an exculpatory fact is withheld, the court may justifiably infer that that fact is an afterthought and untrue, unless there are good reasons for the accused person’s omission to mention it earlier. |
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 s 33B(1)(a) | Singapore |
| Misuse of Drugs Act s 33B(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 23 | Singapore |
| Criminal Procedure Code s 22 | Singapore |
| Criminal Procedure Code s 258(1) | Singapore |
| Misuse of Drugs Act s 21 | Singapore |
| Misuse of Drugs Act s 18(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Methamphetamine
- Cannabis
- Misuse of Drugs Act
- Importation
- Ignorance Defence
- Woodlands Checkpoint
- Chain of Custody
- Voluntariness of Statement
- Presumption of Possession
- Presumption of Knowledge
15.2 Keywords
- Drugs
- Importation
- Singapore
- Criminal Law
- MDA
- Diamorphine
- Methamphetamine
- Cannabis
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 95 |
| Criminal Procedure | 90 |
| Sentencing | 90 |
| Admissibility of evidence | 80 |
| Evidence | 70 |
| Statutory Interpretation | 60 |
16. Subjects
- Criminal Law
- Drug Offences
- Importation of Drugs