PP v Muhammad Rais: Importation of Methamphetamine under Misuse of Drugs Act
In Public Prosecutor v Muhammad Rais bin Abdul Rashid, the High Court of Singapore sentenced Muhammad Rais to 25 years' imprisonment and 15 strokes of the cane for importing not less than 249.99g of methamphetamine into Singapore on 31 March 2018, violating Section 7 of the Misuse of Drugs Act. A second charge of consumption under s 8(b)(ii) of the MDA was taken into consideration for the purposes of sentencing. The court considered the sentencing framework established in Vasentha and Suventher, adjusting the sentence based on culpability and mitigating factors. The accused has appealed against his sentence.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 25 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 Rais was sentenced to 25 years' imprisonment and 15 strokes of the cane for importing methamphetamine 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 | Judgment for the Prosecution | Won | Lim Shin Hui of Attorney-General’s Chambers Pavithra Ramkumar of Attorney-General’s Chambers Mark Jayaratnam of Attorney-General’s Chambers |
| Muhammad Rais bin Abdul Rashid | Defendant | Individual | Sentence of 25 years’ imprisonment and 15 strokes of the cane | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Shin Hui | Attorney-General’s Chambers |
| Pavithra Ramkumar | Attorney-General’s Chambers |
| Mark Jayaratnam | Attorney-General’s Chambers |
| Gino Hardial Singh | Abbots Chambers LLC |
| Joel Wang | Abbots Chambers LLC |
4. Facts
- The accused pleaded guilty to importing not less than 249.99g of methamphetamine into Singapore.
- The accused was recruited by Syafie to import the drugs from Johor Bahru for $700.
- The accused transported the drugs on his motorcycle, concealed in the seat compartment.
- The drugs were discovered during a search at Tuas Checkpoint.
- The accused initially claimed the motorcycle seat was stuck and could not be opened.
- Syafie was sentenced to 22 years’ imprisonment and 15 strokes of the cane for abetting the offence.
- The accused's sentence was backdated to 31 March 2018.
5. Formal Citations
- Public Prosecutor v Muhammad Rais bin Abdul Rashid, Criminal Case No 61 of 2021, [2022] SGHC 99
6. Timeline
| Date | Event |
|---|---|
| Accused recruited by Syafie to import methamphetamine into Singapore. | |
| Accused met Syafie to discuss arrangements. | |
| Accused left Singapore for Johor Bahru. | |
| Accused collected drugs in Johor Bahru. | |
| Accused returned to Singapore through Tuas Checkpoint. | |
| Accused's motorcycle was searched. | |
| Accused arrested. | |
| Syafie arrested. | |
| Syafie pleaded guilty to abetting the importation of methamphetamine. | |
| Accused pleaded guilty to importation charge. | |
| Accused sentenced to 25 years’ imprisonment and 15 strokes of the cane. | |
| Judgment delivered. |
7. Legal Issues
- Importation of Methamphetamine
- Outcome: The court found the accused guilty of importing methamphetamine into Singapore.
- Category: Substantive
- Related Cases:
- [2015] 5 SLR 122
- [2017] 2 SLR 115
- [2018] 2 SLR 557
- Sentencing for Drug Offences
- Outcome: The court sentenced the accused to 25 years’ imprisonment and 15 strokes of the cane, backdated to 31 March 2018.
- Category: Procedural
- Related Cases:
- [2015] 5 SLR 122
- [2017] 2 SLR 115
- [2018] 2 SLR 557
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Importation of Controlled Drugs
10. Practice Areas
- Criminal Litigation
- 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 or importation offences. |
| Suventher Shanmugam v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 115 | Singapore | Endorsed the sentencing framework set out in Vasentha. |
| Adri Anton Kalangie v Public Prosecutor | Court of Appeal | Yes | [2018] 2 SLR 557 | Singapore | Extrapolated the sentencing framework for use in methamphetamine cases. |
| Public Prosecutor v Vashan a/l K Raman | High Court | Yes | [2019] SGHC 151 | Singapore | Cited as a precedent where 25 years’ imprisonment had been imposed. |
| Murugesan a/l Arumugam v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 32 | Singapore | Cited as a precedent where 25 years’ imprisonment had been imposed. |
| Public Prosecutor v Pham Duyen Quyen | High Court | Yes | [2016] 5 SLR 1289 | Singapore | Cited by the Defence; sentence was later considered lenient by the Court of Appeal. |
| Pham Duyen Quyen v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 571 | Singapore | Cited to show that the sentence in the lower court was lower than it would have been had the equivalent sentencing ranges in Suventher been applied. |
| Public Prosecutor v Tan Swim Hong and others | High Court | Yes | [2019] SGHC 246 | Singapore | Cited by the Defence; sentence was considered relatively lenient by the Court of Appeal. |
| Mohammad Reduan bin Mustaffar v Public Prosecutor and another appeal and another matter | Court of Appeal | Yes | [2021] SGCA 64 | Singapore | Cited to show that the sentence of 24 years’ imprisonment can, in fact, be said to be relatively lenient. |
| Public Prosecutor v Abdul Qayyum Bin Abdul Malik | District Court | Yes | [2021] SGDC 89 | Singapore | Cited by the Defence; not relevant as the sentence was imposed in the context of multiple offences. |
| Public Prosecutor v Hari Krishnan Selvan | High Court | Yes | [2017] SGHC 168 | Singapore | Cited as a precedent where 26 years’ imprisonment had been imposed. |
| Lim Bee Ngan Karen v Public Prosecutor | Court of Appeal | Yes | [2015] 4 SLR 1120 | Singapore | Cited while discussing the parity principle. |
| Ramalingam Ravinthran v Attorney-General | Court of Appeal | Yes | [2012] 2 SLR 49 | Singapore | Cited to show that differentiating between offenders in this manner is a legitimate exercise of prosecutorial discretion. |
| Phua Song Hua v Public Prosecutor | High Court | Yes | [2004] SGHC 33 | Singapore | Cited in declining to apply the parity principle. |
| Loo Pei Xiang Alan v Public Prosecutor | High Court | Yes | [2015] 5 SLR 500 | Singapore | Cited to show that the appropriate sentence would have fallen within the top range of 26 to 29 years’ imprisonment. |
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 8(b)(ii) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Methamphetamine
- Importation
- Misuse of Drugs Act
- Tuas Checkpoint
- Sentencing Framework
- Courier
- Culpability
- Mitigating Factors
15.2 Keywords
- methamphetamine
- importation
- drugs
- singapore
- criminal law
- sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 75 |
| Sentencing | 60 |
| Criminal Procedure | 50 |
| Bail Review | 30 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing