Abdoll Mutaleb v Public Prosecutor: Drug Importation Conspiracy & Attempted Possession
Abdoll Mutaleb bin Raffik and Mohd Noor bin Ismail appealed against their convictions in the High Court for drug-related offenses under the Misuse of Drugs Act. Mutaleb was initially charged with abetting a conspiracy to import drugs, while Noor was charged with importing drugs in furtherance of a common intention. The Court of Appeal dismissed Noor's appeal and allowed Mutaleb's appeal in part, substituting the original charge against Mutaleb with a charge of attempted possession of drugs.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal allowed in part. Conviction on original charge substituted with a charge of attempted possession.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against conviction for drug conspiracy. The court substituted the charge to attempted drug possession, dismissing the original conviction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Partial Loss | Partial | Kenny Yang of Attorney-General’s Chambers Lau Wing Yum of Attorney-General’s Chambers |
| Mohd Noor bin Ismail | Appellant | Individual | Appeal Dismissed | Lost | |
| Abdoll Mutaleb bin Raffik | Appellant | Individual | Appeal allowed in part | Partial | |
| Mohd Zaini bin Zainutdin | Other | Individual | No Appeal | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Belinda Ang Saw Ean | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kenny Yang | Attorney-General’s Chambers |
| Lau Wing Yum | Attorney-General’s Chambers |
| Sureshan s/o T Kulasingam | Sureshan LLC |
| Tan Jun Yin | Trident Law Corporation |
| Thrumurgan s/o Ramapiram | Trident Law Corporation |
| Haneef Abdul Malik | Trident Law Corporation |
| Hassan Esa Almenoar | R. Ramason & Almenoar |
| Diana Foo | Tan See Swan & Co. |
4. Facts
- Zaini and Noor imported drugs into Singapore.
- Mutaleb was to receive the drugs from Zaini.
- CNB officers intercepted the drug transaction.
- Mutaleb was found with a substantial amount of cash.
- Zaini's evidence regarding the conspiracy was inconsistent.
- Mutaleb made an unsigned statement admitting involvement in drug activities.
- Noor alleged improper advice from his counsel and inducement by IO Prashant.
5. Formal Citations
- Abdoll Mutaleb bin Raffik v Public Prosecutor, Criminal Appeal No 21 of 2019, [2023] SGCA 12
- Mohd Noor bin Ismail v Public Prosecutor, Criminal Appeal No 8 of 2020, [2023] SGCA 12
6. Timeline
| Date | Event |
|---|---|
| Zaini, Noor, and Apoi packed diamorphine into Zaini’s car in Malaysia. | |
| Noor drove the car with Zaini from Malaysia to Singapore. | |
| CNB officers searched the car at Tuas Checkpoint and found drugs. | |
| Zaini and Mutaleb made an appointment to meet at Chai Chee Road car park. | |
| Mutaleb accepted a plastic bag containing mock drugs from CNB officers. | |
| Mutaleb was arrested by CNB officers. | |
| Prosecution's Opening Statement during trial. | |
| Hearing regarding Noor's allegations. | |
| First hearing of appeals. | |
| Decision reserved on Prosecution’s proposed amendment of the Trial Charge. | |
| Judgment reserved. |
7. Legal Issues
- Conspiracy to Import Drugs
- Outcome: The court found that the conspiracy was not proven beyond a reasonable doubt.
- Category: Substantive
- Attempted Possession of Drugs
- Outcome: The court substituted the original charge with a charge of attempted possession.
- Category: Substantive
- Inadequate Legal Assistance
- Outcome: The court found that the allegations of inadequate legal assistance were not made out.
- Category: Procedural
- Related Cases:
- [2020] 1 SLR 907
- Admissibility of Statements
- Outcome: The court found that the unsigned statement was admissible as evidence.
- Category: Procedural
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Importation of Drugs
- Abetment by Conspiracy
- Attempted Possession of Drugs
10. Practice Areas
- Criminal Law
- Drug Offences
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Mohd Zaini bin Zainutdin and others | High Court | Yes | [2019] SGHC 162 | Singapore | Sets out the grounds of decision on conviction for all three accused persons. |
| Public Prosecutor v Mohd Zaini bin Zainutdin and others | High Court | Yes | [2020] SGHC 76 | Singapore | Sets out the decision on sentence in respect of Noor. |
| Public Prosecutor v Mohd Noor bin Ismail | High Court | Yes | [2022] SGHC 66 | Singapore | Judge’s decision in respect of the remittal hearing. |
| Mohammad Farid bin Batra v Public Prosecutor and another appeal and other matters | Court of Appeal | Yes | [2020] 1 SLR 907 | Singapore | Laid down a two-step approach to determine whether there was inadequate legal assistance. |
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 12 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 8(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 34 | Singapore |
| Penal Code s 107(1)(b) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 291(3) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 21 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 18(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 227(3) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 392 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 390(4) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 390(6) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 390(7) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 390(8) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 390(9) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22(3)(d) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22(4)(c) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 258 | Singapore |
| Constitution Art 11(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Conspiracy
- Importation
- Abetment
- Attempted Possession
- Controlled Drug
- Tuas Checkpoint
- CNB
- CSA
- Mere Courier
15.2 Keywords
- Drugs
- Importation
- Conspiracy
- Possession
- Singapore
- Criminal Law
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 85 |
| Sentencing | 80 |
| Evidence | 60 |
| Conspiracy | 50 |
| Appeal | 40 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Criminal Procedure
- Evidence