Public Prosecutor v Abdul Salam bin Musthafa and Others

Public Prosecutor v Abdul Salam bin Musthafa and Others

On the facts and evidence the court found beyond reasonable doubt that the 2nd accused (Suboh) had possession of diamorphine for the purpose of trafficking and convicted him on an amended charge as sole trafficker (s17 presumption not rebutted); the 3rd accused (Wong) was proven beyond reasonable doubt to have...

Source-derived case information.

Citation
[2000] SGHC 184
Parties
Prosecution: Public Prosecutor; 1st Accused: Abdul Salam bin Musthafa; 2nd Accused: Suboh bin Ramli; 3rd Accused: Wong Kok Loong
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
7 September 2000
Case Number
CC 39/2000
Procedural Posture
Criminal Drug Trafficking / Trial Judgment
Outcome
1st accused (Abdul Salam bin Musthafa) acquitted and discharged; 2nd accused (Suboh bin Ramli) convicted on amended charge of trafficking; 3rd accused (Wong Kok Loong) convicted on amended charge of delivery of diamorphine.
Legal Topics
Trafficking, Possession, Admissibility of Statements, Voluntariness and Inducement, Surveillance Evidence, Section 17 Presumption, Section 121 and 122 CPC
Source Language
english
Criminal Law Drugs Law Evidence Procedure Trafficking Possession Admissibility of Statements Voluntariness and Inducement +3 more

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Parties

Public Prosecutor

Prosecution

Abdul Salam bin Musthafa

1st Accused

Suboh bin Ramli

2nd Accused

Wong Kok Loong

3rd Accused

Procedural Posture

Criminal Drug Trafficking / Trial Judgment

Legal Issues

  1. 1 Whether the accused persons had possession for the purpose of trafficking
  2. 2 Whether the prosecution proved delivery/trafficking beyond reasonable doubt
  3. 3 Admissibility and voluntariness of statements under s121 and s122 CPC

Ratio Decidendi

On the facts and evidence the court found beyond reasonable doubt that the 2nd accused (Suboh) had possession of diamorphine for the purpose of trafficking and convicted him on an amended charge as sole trafficker (s17 presumption not rebutted); the 3rd accused (Wong) was proven beyond reasonable doubt to have delivered a blue plastic bag containing diamorphine to the flat and was convicted on an amended delivery charge; the 1st accused (Salam) was acquitted because the circumstantial evidence did not exclude reasonable doubt as to his involvement. The court admitted the 1st and 3rd accuseds' statements as voluntary but excluded the 2nd accused's oral statements as induced.

Court Disposition

1st accused (Abdul Salam bin Musthafa) acquitted and discharged; 2nd accused (Suboh bin Ramli) convicted on amended charge of trafficking; 3rd accused (Wong Kok Loong) convicted on amended charge of delivery of diamorphine.

Orders

  • Abdul Salam bin Musthafa — acquitted and discharged
  • Suboh bin Ramli — convicted on amended charge of trafficking in not less than 165.67 grams of diamorphine