Moad Fadzir v Public Prosecutor: Drug Trafficking, Common Intention, and Abetment under the Misuse of Drugs Act

In [2019] SGCA 73, the Court of Appeal of Singapore heard appeals related to drug trafficking charges against Moad Fadzir bin Mustaffa and Zuraimy bin Musa. Moad Fadzir was convicted of drug trafficking and sentenced to death, while Zuraimy was initially acquitted of the trafficking charge but convicted of abetting Moad Fadzir's possession of diamorphine. The court dismissed Moad Fadzir's appeal against his conviction, affirmed Zuraimy's conviction on the amended charge, and dismissed both the Prosecution's appeal against Zuraimy's initial acquittal and Zuraimy's appeal against his sentence.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Moad Fadzir's appeal against conviction dismissed; Zuraimy's appeal against sentence and Prosecution's appeal dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore Court of Appeal judgment on drug trafficking charges against Moad Fadzir and Zuraimy, addressing common intention and abetment under the Misuse of Drugs Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondent, AppellantGovernment AgencyAppeal DismissedLost
Sarah Siaw of Attorney-General’s Chambers
Lim Jian Yi of Attorney-General’s Chambers
Wu Yu Jie of Attorney-General’s Chambers
Moad Fadzir bin MustaffaAppellantIndividualAppeal DismissedLost
Zuraimy bin MusaAppellant, RespondentIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeNo
Judith PrakashJudge of AppealNo
Tay Yong KwangJudge of AppealYes

4. Counsels

Counsel NameOrganization
Sarah SiawAttorney-General’s Chambers
Lim Jian YiAttorney-General’s Chambers
Wu Yu JieAttorney-General’s Chambers
Peter Keith FernandoLeo Fernando LLC
Abhinav Ratan MohanDentons Rodyk & Davidson LLP
Shobna d/o V ChandranDentons Rodyk & Davidson LLP
John TanLeo Fernando LLC
Nicolette LeeDentons Rodyk & Davidson LLP
Chooi Jing YenEugene Thuraisingam LLP
Eugene Singarajah ThuraisingamEugene Thuraisingam LLP

4. Facts

  1. Moad Fadzir and Zuraimy were jointly tried for drug trafficking.
  2. Moad Fadzir was arrested with 36.93 grams of diamorphine.
  3. Zuraimy was initially charged with the same offence but was acquitted.
  4. Zuraimy was later convicted of abetting Moad Fadzir's possession of diamorphine.
  5. Moad Fadzir claimed he thought the drugs were illegal cigarettes.
  6. Zuraimy claimed he dozed off and was unaware of the drug transaction.
  7. Moad Fadzir's urine samples tested positive for drugs, while Zuraimy's tested negative.

5. Formal Citations

  1. Moad Fadzir bin Mustaffa v Public Prosecutor and other appeals, , [2019] SGCA 73
  2. Public Prosecutor v Moad Fadzir bin Mustaffa and another, , [2019] SGHC 33

6. Timeline

DateEvent
Moad Fadzir received a phone call from 'Abang' while in night class.
Moad Fadzir met Zuraimy at Block 1 Holland Close after night class.
Moad Fadzir and Zuraimy drove to Block 157 Toa Payoh.
An unknown Indian man threw a white plastic bag into Moad Fadzir's car.
Moad Fadzir drove Zuraimy back to Block 1 Holland Close.
Zuraimy alighted along Commonwealth Avenue West.
Moad Fadzir drove to his residence at Block 623 Woodlands Drive 52.
Moad Fadzir was arrested by CNB officers.
Zuraimy was arrested by CNB officers.
Contemporaneous statement recorded from Moad Fadzir.
Contemporaneous statement recorded from Zuraimy.
Moad Fadzir was admitted to the Complex Medical Centre for drug withdrawal assessment.
Moad Fadzir was discharged from the Complex Medical Centre.
Cautioned statements were recorded from Moad Fadzir.
Cautioned statements were recorded from Moad Fadzir.
Another statement was recorded from Moad Fadzir.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Admissibility of Contemporaneous Statements
    • Outcome: The court held that the contemporaneous statements were admissible as they were made voluntarily.
    • Category: Procedural
    • Sub-Issues:
      • Voluntariness of statement
      • Influence of drugs on mental state
      • Threats by investigating officers
  2. Knowledge of Drug Contents
    • Outcome: The court found that Moad Fadzir knew the white plastic bag contained diamorphine.
    • Category: Substantive
    • Sub-Issues:
      • Awareness of diamorphine
      • Mistaken belief about contents
  3. Presumption of Trafficking
    • Outcome: The court held that Moad Fadzir failed to rebut the presumption of trafficking.
    • Category: Substantive
    • Sub-Issues:
      • Rebuttal of presumption
      • Safekeeping vs. trafficking
    • Related Cases:
      • [2019] 1 SLR 1003
  4. Common Intention
    • Outcome: The court found that there was no common intention between Moad Fadzir and Zuraimy to possess diamorphine for the purpose of trafficking.
    • Category: Substantive
    • Sub-Issues:
      • Shared purpose
      • Joint enterprise
  5. Joint Possession
    • Outcome: The court found that Zuraimy was not in joint possession of the diamorphine with Moad Fadzir.
    • Category: Substantive
    • Sub-Issues:
      • Knowledge and consent
      • Dealing between parties
  6. Abetment
    • Outcome: The court found Zuraimy guilty of abetting Moad Fadzir to possess the diamorphine.
    • Category: Substantive
    • Sub-Issues:
      • Intentional aiding
      • Knowledge of circumstances
  7. Manifestly Excessive Sentence
    • Outcome: The court held that the maximum sentence of ten years' imprisonment for Zuraimy was justified.
    • Category: Procedural
    • Sub-Issues:
      • Appropriateness of maximum sentence
      • Prior drug-related antecedents

8. Remedies Sought

  1. Acquittal
  2. Reduced Sentence

9. Cause of Actions

  • Drug Trafficking
  • Abetment

10. Practice Areas

  • Criminal Litigation
  • Drug Offences

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Moad Fadzir bin Mustaffa and anotherHigh CourtYes[2019] SGHC 33SingaporeThe High Court's decision finding Moad Fadzir guilty and convicting him is referenced.
Mohd Halmi bin Hamid and another v Public ProsecutorCourt of AppealYes[2006] 1 SLR(R) 548SingaporeCited regarding the presumption of trafficking under section 17 of the Misuse of Drugs Act and the presumption of possession under section 18(4) of the same Act.
Ramesh a/l Perumal v Public Prosecutor and another appealCourt of AppealYes[2019] 1 SLR 1003SingaporeCited to define the concept of 'bailment' in the context of drug possession for trafficking.
Public Prosecutor v Ilechukwu Uchechukwu ChukwudiCourt of AppealYes[2015] SGCA 33SingaporeCited for the conditions that must be fulfilled for a lie to amount to corroboration of guilt.
Muhammad Ridzuan bin Md Ali v Public Prosecutor and other mattersCourt of AppealYes[2014] 3 SLR 721SingaporeCited for the requirement of 'consent' under section 18(4) of the Misuse of Drugs Act.
Public Prosecutor v Koh Peng KiatHigh CourtYes[2016] 1 SLR 753SingaporeCited for the ingredients of the offence of abetment by intentionally aiding to possess diamorphine.
Adili Chibuike Ejike v Public ProsecutorCourt of AppealYes[2019] 2 SLR 254SingaporeCited for the mens rea for the primary offence of possession under s 8(a) of the MDA.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
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
Penal Code (Cap 224, 2008 Rev Ed), s 34Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed), s 33B(2)Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed), s 8(a)Singapore
Misuse of Drugs Act (Cap 185, 2008 Rev Ed), s 12Singapore
Criminal Procedure Code (Cap 68, 2012 Rev Ed), s 23Singapore
Misuse of Drugs Act, s 17Singapore
Criminal Procedure Code, s 22Singapore
Criminal Procedure Code, s 258(3)Singapore
Misuse of Drugs Act, s 18(4)Singapore
Misuse of Drugs Act, s 33B(1)(a)Singapore
Criminal Procedure Code, s 390(6)Singapore
Criminal Procedure Code, s 390(7)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Diamorphine
  • Drug Trafficking
  • Abetment
  • Common Intention
  • Joint Possession
  • Contemporaneous Statement
  • Presumption of Trafficking
  • Bailment
  • Middleman

15.2 Keywords

  • Drug Trafficking
  • Diamorphine
  • Abetment
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Misuse of Drugs Act100
Criminal Law90
Criminal Procedure60
Criminal conspiracy40
Penal Code30

16. Subjects

  • Criminal Law
  • Drug Trafficking
  • Criminal Procedure