Public Prosecutor v Affandi bin Mohamed Hassan: Trafficking of Diamorphine

In Public Prosecutor v Affandi bin Mohamed Hassan, the High Court of Singapore found Affandi bin Mohamed Hassan guilty of possessing diamorphine for the purpose of trafficking, under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act. The court found that the accused failed to prove, on the balance of probabilities, that he was merely a courier in relation to the drugs. The court sentenced him to the mandatory death penalty.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Accused was found guilty as charged and convicted accordingly.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Affandi bin Mohamed Hassan was convicted and sentenced to death for possessing diamorphine for trafficking, failing to prove he was merely a courier.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Ng Jun Kai of Attorney-General’s Chambers
Heershan Kaur of Attorney-General’s Chambers
Chin Jincheng of Attorney-General’s Chambers
Affandi bin Mohamed HassanDefendantIndividualConvictedLost

3. Judges

Judge NameTitleDelivered Judgment
See Kee OonJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Ng Jun KaiAttorney-General’s Chambers
Heershan KaurAttorney-General’s Chambers
Chin JinchengAttorney-General’s Chambers
Subir Singh GrewalAequitas Law LLP
Mahesh Rai s/o Vedprakash RaiDrew & Napier LLC

4. Facts

  1. Accused was arrested at a flat on 10 December 2020.
  2. 2,752.64g of granular/powdery substance was found, containing not less than 24.64g of diamorphine.
  3. The drugs were divided into three sets: “A”, “B” and “D” drugs.
  4. The “A” drugs comprised 61 packets of diamorphine seized from under the bed.
  5. The “B” drugs comprised four packets and two straws of diamorphine found in a box.
  6. The “D” drugs comprised three bundles wrapped in black tape seized from the dining table.
  7. Accused's DNA was found on numerous seized exhibits related to the “A”, “B” and “D” drugs.

5. Formal Citations

  1. Public Prosecutor v Affandi bin Mohamed Hassan, Criminal Case No 12 of 2023, [2023] SGHC 182

6. Timeline

DateEvent
Accused arrested at flat
Trial began
Trial continues
Trial continues
Trial continues
Trial continues
Trial continues
Judgment issued

7. Legal Issues

  1. Possession of Controlled Drugs for Trafficking
    • Outcome: The court found the accused guilty of possession of controlled drugs for the purpose of trafficking.
    • Category: Substantive
  2. Whether the accused was merely a courier
    • Outcome: The court found that the accused had not proven on the balance of probabilities that he was merely a courier.
    • Category: Substantive
    • Related Cases:
      • [2018] 1 SLR 449

8. Remedies Sought

  1. Conviction
  2. Sentencing

9. Cause of Actions

  • Possession of a controlled drug for the purpose of trafficking

10. Practice Areas

  • Criminal Law
  • Drug Trafficking

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Zainudin bin Mohamed v Public ProsecutorCourt of AppealYes[2018] 1 SLR 449SingaporeCited for the legal principles laid down by the Court of Appeal in relation to s 33B(2) of the MDA to prove on a balance of probabilities that he was a courier.
Public Prosecutor v Ilechukwu Uchechukwu ChukwudiCourt of AppealYes[2015] SGCA 33SingaporeCited for the observations in relation to the accused’s numerous lies which were evident from his inconsistent evidence not only damaged his credibility but corroborated his guilt.
R v Lucas (Ruth)N/AYes[1981] QB 720N/ACited in relation to Lucas lies which were thus strongly corroborative of his guilt.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed)Singapore
Criminal Procedure Code 2010 (2020 Rev Ed)Singapore
s 267(1) of the Criminal Procedure Code 2010 (2020 Rev Ed)Singapore
s 33B(2) of the MDASingapore
s 17(c) of the MDASingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Trafficking
  • Courier
  • Misuse of Drugs Act
  • Statement of Agreed Facts
  • Central Narcotics Bureau
  • Health Sciences Authority
  • POLCAM footage

15.2 Keywords

  • Diamorphine
  • Drug Trafficking
  • Singapore
  • Criminal Law
  • Misuse of Drugs Act

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act100
Criminal Law90
Sentencing60
Criminal Procedure50
Evidence40

16. Subjects

  • Criminal Law
  • Drug Trafficking