PP v Hashim: Trafficking of Diamorphine under Misuse of Drugs Act
In Public Prosecutor v Hashim bin Ismail and others, the General Division of the High Court of Singapore heard the joint trial of Hashim bin Ismail, Jayacelan a/l Kerusnan, Azuin bin Mohd Tap, and Kumaran Kesawan for trafficking in diamorphine. The prosecution alleged a relay delivery of drugs from Malaysia to Singapore. The court convicted Jayacelan and Kumaran, sentencing them to life imprisonment after the Public Prosecutor issued certificates of substantive assistance. Azuin was convicted and sentenced to death as he did not qualify for alternative sentencing. Proceedings against Hashim were stayed due to his unsound mind.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Accused 2 and 4 sentenced to life imprisonment. Accused 3 sentenced to death. Proceedings against Accused 1 stayed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Four accused were jointly tried for trafficking diamorphine. The court convicted three and stayed proceedings against one due to unsound mind.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Plaintiff | Government Agency | Judgment for the Prosecution | Won | Anandan Bala, Samuel Yap, Theong Li Han |
| Hashim Bin Ismail | Defendant | Individual | Proceedings Stayed | Stayed | Ramesh Chandr Tiwary, Wee Heng Yi Adrian |
| Jayacelan A/L Kerusnan | Defendant | Individual | Convicted | Lost | Ram Goswami, Dhanaraj James Selvaraj |
| Azuin Bin Mohd Tap | Defendant | Individual | Convicted | Lost | Aw Wee Chong Nicholas, Wong Li-Yen Dew |
| Kumaran Kesawan | Defendant | Individual | Convicted | Lost | Allagarsamy s/o Palaniyappan, Krishna Ramakrishna Sharma |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Pang Khang Chau | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anandan Bala | Attorney-General’s Chambers |
| Samuel Yap | Attorney-General’s Chambers |
| Theong Li Han | Attorney-General’s Chambers |
| Ramesh Chandr Tiwary | Ramesh Tiwary |
| Wee Heng Yi Adrian | Characterist LLC |
| Ram Goswami | Ram Goswami |
| Dhanaraj James Selvaraj | James Selvaraj |
| Aw Wee Chong Nicholas | Clifford Law LLP |
| Wong Li-Yen Dew | Dew Chambers |
| Allagarsamy s/o Palaniyappan | Allagarsamy & Co |
| Krishna Ramakrishna Sharma | Fleet Street Law LLC |
4. Facts
- Kumaran transported a red plastic bag into Singapore from Malaysia.
- Jayacelan collected the red plastic bag from Kumaran’s trailer.
- Jayacelan placed the red plastic bag in an open dustbin.
- Hashim retrieved the red plastic bag from the open dustbin.
- Azuin picked up the red plastic bag from Hashim.
- The red plastic bag contained five packets of granular/powdery substance.
- The substance was found to contain not less than 97.02g of diamorphine.
5. Formal Citations
- Public Prosecutor v Hashim bin Ismail and others, Criminal Case No 40 of 2018, [2023] SGHC 165
6. Timeline
| Date | Event |
|---|---|
| Kumaran brought the drugs into Singapore. | |
| Jayacelan collected the plastic bag from Kumaran’s trailer. | |
| Jayacelan placed the plastic bag in the open dustbin. | |
| Hashim retrieved the plastic bag from the open dustbin. | |
| Azuin picked up the plastic bag. | |
| Azuin and Hashim were arrested. | |
| Jayacelan was arrested. | |
| Kumaran was arrested. | |
| Trial began. | |
| Judgment issued. |
7. Legal Issues
- Trafficking in Controlled Drugs
- Outcome: The court found three of the accused guilty of trafficking in controlled drugs.
- Category: Substantive
- Related Cases:
- [2022] 2 SLR 676
- [2014] 3 SLR 721
- [2017] 3 SLR 66
- [2017] SGHC 290
- [2018] SGHC 104
- [2017] 1 SLR 633
- [2012] 2 SLR 903
- [2017] 1 SLR 771
- [2019] 1 SLR 113
- [2021] 1 SLR 180
- [2008] 1 SLR 1
- Presumption of Knowledge
- Outcome: The court applied the presumption of knowledge under s 18(2) of the MDA against Kumaran and Jayacelan, requiring them to prove they did not know the plastic bag contained diamorphine.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 633
- Alternative Sentencing Regime
- Outcome: The court found Azuin ineligible for alternative sentencing under s 33B(1)(a) and s 33B(1)(b) of the MDA.
- Category: Substantive
- Related Cases:
- [2019] 2 SLR 216
- [1960] 2 QB 396
- Unsound Mind
- Outcome: The court stayed proceedings against Hashim after finding him to be of unsound mind.
- Category: Procedural
8. Remedies Sought
- Conviction
- Sentencing
9. Cause of Actions
- Trafficking in Controlled Drugs
10. Practice Areas
- Criminal Law
- Drug Trafficking
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Raj Kumar s/o Aiyachami v Public Prosecutor and another appeal | Court of Appeal | Yes | [2022] 2 SLR 676 | Singapore | Cited for the required elements to establish a charge of trafficking under s 5(1)(a) of the MDA. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | High Court | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements to be established for a charge of possession for the purposes of trafficking under s 5(1)(a) read with s 5(2) of the MDA. |
| Public Prosecutor v Ranjit Singh Gill Menjeet Singh and another | High Court | Yes | [2017] 3 SLR 66 | Singapore | Cited for the distinction between the elements required to establish a charge brought under s 5(1)(a) of the MDA and the elements required to establish a charge brought under s 5(1)(a) read with s 5(2) of the MDA. |
| Public Prosecutor v Ramesh a/l Perumal and another | High Court | Yes | [2017] SGHC 290 | Singapore | Cited for the distinction between the elements required to establish a charge brought under s 5(1)(a) of the MDA and the elements required to establish a charge brought under s 5(1)(a) read with s 5(2) of the MDA. |
| Public Prosecutor v Ramdhan bin Lajis and another | High Court | Yes | [2018] SGHC 104 | Singapore | Cited for the distinction between the elements required to establish a charge brought under s 5(1)(a) of the MDA and the elements required to establish a charge brought under s 5(1)(a) read with s 5(2) of the MDA. |
| Obeng Comfort v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 633 | Singapore | Cited for the presumption of knowledge of the nature of the drug under s 18(2) of the MDA. |
| Dinesh Pillai a/l K Raja Retnam v PP | Court of Appeal | Yes | [2012] 2 SLR 903 | Singapore | Cited for how the accused can rebut the presumption in s 18(2) of the MDA. |
| Harven a/l Segar v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 771 | Singapore | Cited for the factors the court will scrutinise when an accused claims that he did not know that what he was carrying contained drugs. |
| Public Prosecutor v Gobi a/l Avedian | High Court | Yes | [2019] 1 SLR 113 | Singapore | Cited for the principle that an accused person who simply does not bother or does not want to know what drugs or even what goods he is going to carry will not be able to rebut the presumption of knowledge 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 who simply does not bother or does not want to know what drugs or even what goods he is going to carry will not be able to rebut the presumption of knowledge under s 18(2) of the MDA. |
| Tan Kiam Peng v Public Prosecutor | Court of Appeal | Yes | [2008] 1 SLR 1 | Singapore | Cited for the need to give full purposive effect to the policy underlying the MDA, which is to stem the threat that drug trafficking poses. |
| Jagatheesan s/o Krishnasamy v Public Prosecutor | Court of Appeal | Yes | [2006] 4 SLR(R) 45 | Singapore | Cited for the distinction between a ‘real and reasonable’ doubt and a ‘merely fanciful’ doubt. |
| R v Brydon | British Columbia Court of Appeal | Yes | (1995) 2 BCLR (3d) 243 | Canada | Cited for the definition of reasonable doubt. |
| Nagaenthran a/l K Dharmalingam v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 216 | Singapore | Cited for the requirements an offender relying on s 33B(3)(b) of the MDA needs to establish on the balance of probabilities. |
| Regina v Byrne | Court of Criminal Appeal | Yes | [1960] 2 QB 396 | England and Wales | Cited for the definition of abnormality of mind. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act 1973 | Singapore |
| s 5 of the Misuse of Drugs Act | Singapore |
| s 5(1)(a) of the Misuse of Drugs Act | Singapore |
| s 5(2) of the Misuse of Drugs Act | Singapore |
| s 2 of the Misuse of Drugs Act | Singapore |
| s 18(1) of the Misuse of Drugs Act | Singapore |
| s 18(2) of the Misuse of Drugs Act | Singapore |
| s 18(4) of the Misuse of Drugs Act | Singapore |
| s 33B(1)(a) of the Misuse of Drugs Act | Singapore |
| s 33B(1)(b) of the Misuse of Drugs Act | Singapore |
| s 33B(2)(a) of the Misuse of Drugs Act | Singapore |
| s 33B(2)(b) of the Misuse of Drugs Act | Singapore |
| s 33B(3) of the Misuse of Drugs Act | Singapore |
| s 318 of the Criminal Procedure Code 2010 | Singapore |
| s 247 of the Criminal Procedure Code 2010 | Singapore |
| s 247(4) of the Criminal Procedure Code 2010 | Singapore |
| s 247(6) of the Criminal Procedure Code 2010 | Singapore |
| s 248(2) of the Criminal Procedure Code 2010 | Singapore |
| s 249 of the Criminal Procedure Code 2010 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Courier
- Controlled drug
- Presumption of knowledge
- Substantive assistance
- Unsound mind
- Persistent depressive disorder
- Opioid use disorder
- Stimulant use disorder
15.2 Keywords
- Drug trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Drug Trafficking
17. Areas of Law
- Criminal Law
- Statutory Offences
- Misuse of Drugs Act