Public Prosecutor v Iswan bin Ali: Trafficking Diamorphine, Misuse of Drugs Act
In Public Prosecutor v Iswan bin Ali, the General Division of the High Court of Singapore convicted Iswan bin Ali on 6 November 2024 for trafficking diamorphine under the Misuse of Drugs Act. Iswan was found to be in possession of 51.41g of diamorphine for the purpose of trafficking. The court determined that Iswan was not a 'mere courier' under the law because he sourced the drugs and had the ability to set the price. Consequently, the court imposed the mandatory death penalty.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Iswan was found not to be a courier and was sentenced to the mandatory death penalty.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Iswan bin Ali was convicted of trafficking diamorphine under the Misuse of Drugs Act. The court found he was not a 'mere courier' and sentenced him to death.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Hon Yi of Attorney-General’s Chambers Yeo Zhen Xiong of Attorney-General’s Chambers Ariel Tan Hui Ru of Attorney-General’s Chambers |
| Iswan bin Ali | Defendant | Individual | Death Penalty | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Dedar Singh Gill | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hon Yi | Attorney-General’s Chambers |
| Yeo Zhen Xiong | Attorney-General’s Chambers |
| Ariel Tan Hui Ru | Attorney-General’s Chambers |
| Elengovan s/o V Krishnan | Elengovan Chambers |
| Wong Hong Weng Stephen | Matthew Chiong Partnership |
4. Facts
- Iswan was found in possession of 51.41g of diamorphine.
- Iswan sourced the drugs from his supplier, Joe Cartel.
- Iswan had the ability to determine the price Zahari paid for the drugs.
- Zahari asked Iswan if he had a contact for the purchase of “panas”.
- Iswan told Zahari that his supplier only sold a minimum of five “batus” of “panas”.
5. Formal Citations
- Public Prosecutor v Iswan bin Ali, Criminal Case No 4 of 2024, [2024] SGHC 284
6. Timeline
| Date | Event |
|---|---|
| Iswan bin Ali trafficked drugs at Pipit Road. | |
| Court found 51.41g of diamorphine in Iswan’s possession for trafficking. | |
| Charge against Iswan altered under s 128(1) of the CPC. | |
| Further submissions from Defence and Prosecution on whether Iswan was a courier. | |
| Iswan convicted of altered charge and sentenced to death. |
7. Legal Issues
- Drug Trafficking
- Outcome: The court convicted Iswan of drug trafficking.
- Category: Substantive
- Related Cases:
- [2018] 1 SLR 449
- [2015] 1 SLR 834
- [2017] 1 SLR 10
- Whether Iswan was a 'mere courier' under s 33B of the Misuse of Drugs Act
- Outcome: The court found that Iswan was not a 'mere courier' because he sourced the drugs and had the ability to set the price.
- Category: Substantive
- Related Cases:
- [2018] 1 SLR 449
- [2015] 1 SLR 834
- [2017] 1 SLR 10
8. Remedies Sought
- Conviction
- Mandatory Death Penalty
9. Cause of Actions
- Drug Trafficking
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Zainudin bin Mohamed v Public Prosecutor | Court of Appeal | Yes | [2018] 1 SLR 449 | Singapore | Cited for the definition of a 'mere courier' under s 33B of the MDA and the requirements to satisfy that definition. |
| Public Prosecutor v Chum Tat Suan and another | Court of Appeal | Yes | [2015] 1 SLR 834 | Singapore | Cited for the principle that the definition of a courier is tightly defined and interpreted narrowly. |
| Public Prosecutor v Abdul Haleem bin Abdul Karim and another | High Court | Yes | [2013] 3 SLR 734 | Singapore | Cited regarding incidental act of storage or safekeeping by the accused person in the course of transporting, sending or delivering the drugs will not take him outside the definition of a courier |
| Rosman bin Abdullah v Public Prosecutor | Court of Appeal | Yes | [2017] 1 SLR 10 | Singapore | Cited to support the finding that the sourcing of drugs takes one out of the definition of a courier. |
| Public Prosecutor v Iswan bin Ali | High Court | Yes | [2024] SGHC 239 | Singapore | The judgment refers to the findings in this earlier judgment regarding the facts of the case and the alteration of the charge. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(1)(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 5(2) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33B | Singapore |
| Criminal Procedure Code 2010 (2020 Rev Ed) s 128(1) | Singapore |
| Criminal Procedure Code s 227(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Drug Trafficking
- Courier
- Misuse of Drugs Act
- Sourcing of Drugs
- Certificate of Substantive Assistance
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Singapore
- Criminal Law
- Misuse of Drugs Act
- Death Penalty
- Courier
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Misuse of Drugs Act | 95 |
| Sentencing | 90 |
16. Subjects
- Criminal Law
- Drug Trafficking
- Sentencing