Public Prosecutor v Masri bin Hussain: Trafficking of Diamorphine under the Misuse of Drugs Act
In Public Prosecutor v Masri bin Hussain, the High Court of Singapore convicted Masri bin Hussain of possessing diamorphine for the purpose of trafficking, an offence under the Misuse of Drugs Act. Masri was found with not less than 23.86g of diamorphine. The court found that Masri failed to rebut the presumption of trafficking, rejecting his defense that the drugs were solely for personal consumption. The court sentenced Masri to the mandatory death penalty.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused convicted and sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Masri bin Hussain was convicted and sentenced to death for possessing diamorphine for trafficking, failing to rebut the presumption under 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 | Selene Yap of Attorney-General’s Chambers Emily Koh of Attorney-General’s Chambers Keira Yu of Attorney-General’s Chambers |
| Masri bin Hussain | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Pang Khang Chau | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Selene Yap | Attorney-General’s Chambers |
| Emily Koh | Attorney-General’s Chambers |
| Keira Yu | Attorney-General’s Chambers |
| Benedict Eoon | Gabriel Law Corporation |
| Nandwani Manoj Prakash | Gabriel Law Corporation |
| Joel Quah | Gabriel Law Corporation |
| Daren Kim | Gabriel Law Corporation |
4. Facts
- The Accused arranged to purchase 3 'bola' of heroin for S$10,500.
- The Accused borrowed S$3,500 from Zaharah to fund the purchase.
- The Accused retrieved a Yamaha Drawstring Bag containing three black bundles of drugs.
- The Yamaha Drawstring Bag contained not less than 1,381.3g of granular/powdery substance.
- The substance was found to contain not less than 23.86g of diamorphine.
- The Accused admitted to possession and knowledge of the nature of the drugs.
- The Accused claimed the drugs were for personal consumption, not trafficking.
5. Formal Citations
- Public Prosecutor v Masri bin Hussain, Criminal Case No 1 of 2023, [2024] SGHC 78
6. Timeline
| Date | Event |
|---|---|
| Accused arranged to purchase heroin from 'Abang'. | |
| Accused borrowed S$3,500 from Zaharah. | |
| Accused purchased 3 'bola' of heroin for S$10,500. | |
| Accused was arrested by CNB officers. | |
| Urine sample taken from the Accused. | |
| Cautioned statement administered to the Accused. | |
| Accused admitted to Changi Prison’s Complex Medical Centre for drug withdrawal observation. | |
| Accused admitted to Changi Prison’s Complex Medical Centre for drug withdrawal observation. | |
| Accused gave second long statement. | |
| Accused gave fourth long statement. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Trial continued. | |
| Judgment delivered. |
7. Legal Issues
- Whether the Accused possessed the drugs for the purpose of trafficking
- Outcome: The court held that the Accused failed to rebut the presumption of trafficking and rejected his consumption defence.
- Category: Substantive
- Sub-Issues:
- Rebuttal of presumption of trafficking
- Consumption defence
8. Remedies Sought
- Conviction
- Mandatory death sentence
9. Cause of Actions
- Possession of controlled drugs for the purpose of trafficking
10. Practice Areas
- Criminal Litigation
- Drug Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Zainal bin Hamad v Public Prosecutor | Court of Appeal | Yes | [2018] 2 SLR 1119 | Singapore | Cited for the principle that possession and knowledge of the nature of drugs creates a presumption of trafficking. |
| Muhammad Ridzuan bin Md Ali v Public Prosecutor and other matters | Court of Appeal | Yes | [2014] 3 SLR 721 | Singapore | Cited for the elements of a charge of possession for the purposes of trafficking under s 5(1)(a) read with s 5(2) of the MDA. |
| A Steven s/o Paul Raj v Public Prosecutor | Court of Appeal | Yes | [2022] 2 SLR 538 | Singapore | Cited for the principles applicable to a defence of consumption. |
| Jusri bin Mohamed Hussain v Public Prosecutor | Court of Appeal | Yes | [1996] 2 SLR(R) 706 | Singapore | Cited for the principle that the burden is on the accused to prove on a balance of probabilities that the diamorphine in his possession was not for the purpose of trafficking. |
| Low Theng Gee v Public Prosecutor | Court of Appeal | Yes | [1996] 3 SLR(R) 42 | Singapore | Cited for the principle that the burden is on the appellant to prove on a balance of probabilities that the diamorphine in his possession was not for the purpose of trafficking. |
| Muhammad bin Abdullah v Public Prosecutor and another appeal | Court of Appeal | Yes | [2017] 1 SLR 427 | Singapore | Cited for the relevant factors to determine whether the appellant has rebutted the presumption in s 17. |
| Sharom bin Ahmad and another v Public Prosecutor | Court of Appeal | Yes | [2000] 2 SLR(R) 541 | Singapore | Cited for the principle that the possession of drug trafficking paraphernalia is relevant as circumstantial evidence of the appellant’s drug trafficking activities. |
| Chong Hoon Cheong v Public Prosecutor | Court of Appeal | Yes | [2022] 2 SLR 708 | Singapore | Cited for the principle that the failure of an accused person to prove the rate of his consumption is fatal to his case since the rate of consumption is the essential foundation of a consumption defence. |
| Public Prosecutor v Dahalan bin Ladaewa | High Court | Yes | [1995] 2 SLR(R) 124 | Singapore | Cited for the principle that the frequency of supply is relevant for the purposes of determining how much of the drugs which an accused person is found with would be needed by the accused person for his own consumption. |
| Hanafi bin Abu Bakar and another v Public Prosecutor | Court of Appeal | Yes | [1999] SGCA 59 | Singapore | Cited for the principle that the absence of any drug paraphernalia is equivocal at the most since it was not necessary that [the appellants’] repack the heroin into sachets for them to be trafficking in the heroin found in the packet. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 5(1)(a) of the Misuse of Drugs Act | Singapore |
| s 5(2) of the Misuse of Drugs Act | Singapore |
| s 33(1) of the Misuse of Drugs Act | Singapore |
| s 17(c) of the Misuse of Drugs Act | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 267 of the Criminal Procedure Code | Singapore |
| ss 22 and 23 of the Criminal Procedure Code | Singapore |
| s 261 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Diamorphine
- Trafficking
- Consumption Defence
- Presumption of Trafficking
- Misuse of Drugs Act
- Rate of Consumption
- Financial Means
- Cautioned Statement
15.2 Keywords
- Drug Trafficking
- Diamorphine
- Misuse of Drugs Act
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Misuse of Drugs Act | 95 |
| Criminal Law | 90 |
| Sentencing | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Drug Trafficking