PUBLIC PROSECUTOR v Abdul Ishak Bin Mohd Shah

PUBLIC PROSECUTOR v Abdul Ishak Bin Mohd Shah

Accused convicted because he had actual possession and control of the plastic bag and bundles, failed to rebut the statutory presumptions of possession and knowledge under s18(1) and s18(2) MDA on the balance of probabilities, thereby establishing importation under s7; s33B alternative sentence applied as accused was a mere courier and a Certificate of Substantive Assistance was issued.

Citation
[2018] SGHC 50
Parties
Prosecution: Public Prosecutor; Accused: Abdul Ishak bin Mohd Shah
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
6 March 2018
Case Number
HC/CC 63/2017
Procedural Posture
Criminal Misuse of Drugs Act (importation) / Judgment (conviction and Sentencing)
Outcome
Convicted under s7 Misuse of Drugs Act; sentenced to life imprisonment and 15 strokes of the cane (alternative under s33B)
Legal Topics
Importation, Possession, Statutory Presumptions (s18 Mda), Death‑penalty Alternative (s33 B Mda), Evidence (dna, Credibility)
Source Language
English
Criminal Law Statutory Offences Drug Law Importation Possession Statutory Presumptions (s18 Mda) Death‑penalty Alternative (s33 B Mda) Evidence (dna, Credibility)

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Parties

Public Prosecutor

Prosecution

Abdul Ishak bin Mohd Shah

Accused

Procedural Posture

Criminal Misuse of Drugs Act (importation) / Judgment (conviction and Sentencing)

Legal Issues

  1. 1 Whether the accused had possession, custody or control of the container holding the drugs
  2. 2 Whether the accused rebutted the presumption of possession under s18(1) MDA
  3. 3 Whether the accused rebutted the presumption of knowledge under s18(2) MDA

Ratio Decidendi

Accused convicted because he had actual possession and control of the plastic bag and bundles, failed to rebut the statutory presumptions of possession and knowledge under s18(1) and s18(2) MDA on the balance of probabilities, thereby establishing importation under s7; s33B alternative sentence applied as accused was a mere courier and a Certificate of Substantive Assistance was issued.

Court Disposition

Convicted under s7 Misuse of Drugs Act; sentenced to life imprisonment and 15 strokes of the cane (alternative under s33B)

Orders

  • Convicted of importation of diamorphine contrary to s7 MDA
  • Sentence: life imprisonment and 15 strokes of the cane