Public Prosecutor v Muhammad Arsyad Zaini

• Jurisdiction: Singapore
• Judge: Salina Bte Ishak
• Judgment Date: 29 July 2016
• Neutral Citation: [2016] SGDC 205
• Court: District Court (Singapore)
• Docket Number: DAC 916068—2014 & 8 Ors, Magistrate’s Appeal No 9168/2016/01-02
• Published date: 04 August 2016
• Year: 2016
• Hearing Date: 13 July 2016,02 March 2016,17 February 2016
• Plaintiff Counsel: Christine Liu from the Attorney-General's Chambers
• Defendant Counsel: Noor Mohamed Marican of M/s Marican & Associates
• Citation: [2016] SGDC 205

District Judge Salina Bte Ishak: The Charges First Set of Charges

The Accused, Mr Muhammad Arsyad Zaini, a 27-year-old Singaporean, had initially claimed trial on 15 February 2016 in Court 9 to DAC 916068-2014, a charge of importing methamphetamine, a Class A controlled drug namely:

“On 5 September 2014, at about 12:50am, at ICA Counter 45, Arrival Motorcycle of Woodlands Checkpoint, Singapore, did import a Class A Controlled Drug listed in the First Schedule to the Misuse of Drugs Act (Cap 185, Rev Ed 2008), two packets containing approximately 246.5 grams of crystalline substance, which was analyzed and found to contain not less than 166.73 grams Methamphetamine, without any authorisation under the Misuse of Drugs Act (Cap 185, Rev Ed 2008) or the regulations made thereunder, an offence under Section 7 punishable under Section 33(1) of the said Act.”

On the second day of the trial on 16 February 2016, the Accused indicated his intention to take a certain course of action to the charges against him. The Prosecution’s offer was to proceed on 2 charges, namely DAC-916068-2014 and DAC-922643-2014 while the remaining three charges namely DAC-922642-2014, DAC-906140-2015 and DAC-906141-2015 were to be taken into consideration for the purpose of sentencing.

The matter was transferred before me in Court 18 on 17 February 2016 and he pleaded guilty to the charges in DAC-916068-2014 as well as DAC-922643-2014 namely:

DAC 922643-2014 “On or about 5 September 2014, being a Singapore Citizen, did consume outside Singapore, a Specified Drug listed in The Fourth Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed), to wit, Methamphetamine, without any authorization under the said Act or the Regulations made thereunder, offence under Section 8(b)(ii) read with Section 8A and punishable under Section 33(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed).”

Three other charges, namely DAC 922642-2014 a charge of importation of fifty yellow tablets each stamped with an imprint of a ROLEX logo, which was analyzed and found to contain not less than 4.31 grams of N,α-Dimethyl-3,4-(methylenedioxy)phenethylamine and two charges of drug consumption outside Singapore in DAC 906140-2015 to DAC 906141-2015 of Buphedrone and 4-Methylmethcathinone and its methyl positional isomers in the phenyl rin respectively, were taken into consideration for the purpose of sentencing. The matter was then adjourned and fixed for mitigation and sentence on 2 March 2016 to enable the Defence Counsel, Mr Noor Mohamed Marican to prepare the written plea in mitigation. Regrettably on 2 March 2016, the Accused who was out on bail of $50,000 failed to turn up in Court and a Warrant of Arrest with no bail was issued against him. Second Set of Charges

The Accused was subsequently arrested on 3 March 2016. After the completion of investigations, four additional charges in DAC 920146 - 2016 to DAC 920149 - 2016 in respect of drug possession offences committed on 3 March 2016 were tendered against him. He elected to also plead guilty before me on 13 July 2016 to two additional charges of drug consumption in DAC 920146 - 2016 and DAC 920148 - 2016 namely:

DAC 920146 - 2016 “On 3 March 2016, at or about 9.20pm, at Blk 6 Pandan Valley #07-603F, Singapore, together with one Ira Syakilla Binti Ishak and Mohamed Nurashik Bin Yahya, with their knowledge and consent, did jointly possess a Class A Controlled Drug listed in the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed), to wit, one block of containing not less than 66.57 grams of vegetable matter which was analysed and found to be contain cannabinol and tetrahydrocannabinol without authorization under the said Act or the Regulations made thereunder and you have thereby committed an offence under Section 8(a) read with Section 18(4) of the Misuse of Drug Act (Chapter 185, 2008 Rev. Ed). and further, that prior to the commission of the said offence, he was on 7 February 2013, convicted in the District Court of Singapore, for an offence of possession of a controlled Drug under Section 8(a) of the Misuse of Drugs Act, Chapter 185 and sentenced to 12 months imprisonment (vide DAC 28356/2012), which conviction had not been set aside, and you are thereby liable to be punished with enhanced punishment under Section 33(1) of the Misuse of Drugs Act, Chapter 185.”

DAC 920148 - 2016 “On 3 March 2016, at or about 9.20pm, at Blk 6 Pandan Valley #07-603F, Singapore, did possess a Class C Controlled Drug listed in the First Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed), to wit, four tablets each marked “028” on one side and “5” on the other side which were analysed and found to contain nimetazepam without authorization under the said Act or the Regulations made thereunder and you have thereby committed an offence under Section 8(a) of the Misuse of Drug Act (Chapter 185, 2008 Rev. Ed).” and further, that prior to the commission of the said offence, he was on 7 February 2013 , convicted in the District Court of Singapore, for an offence of possession of a controlled Drug under Section 8(a) of the Misuse of Drugs Act, Chapter 185 and sentenced to 12 months imprisonment (vide DAC 28356/2012), which conviction had not been set aside, and you are thereby liable to be punished with enhanced punishment under Section 33(1) of the Misuse of Drugs Act, Chapter 185

The two remaining charges of drug consumption in DAC 920147-2016 and DAC 920149-2016 were taken into consideration for the purpose of sentencing. Summary of Facts

The Accused had admitted to the following Statements of Facts without qualification: A. Statement of Facts for DAC-916068-2014 and DAC-922642-2014

The accused is Muhammad Arsyad Zaini, Male/26 years (DOB: 3 June 1989).

2 The accomplice is one Muhammad Izwan Bin Abdul Kadir, Male/35 years (DOB: 5 January 1981). At the time of arrest, he was working as a surveyor. The accused and accomplice were acquainted as they were members of the same gang. The accused and accomplice know each other as “Acad” and “Wan Awei” respectively.

FACTS PERTAINING TO DAC 916068/2014

3 On 5 September 2014, at about 12.50 a.m., the accused was arrested after entering Singapore from Malaysia through Woodlands Checkpoint, Singapore. The accused had been stopped at the ICA Counter 45 (motorcycle arrival counter). He was a pillion on motorcycle FBH 5054X, which was ridden by one Faris Bin Mazlan. 4 After his arrest, a search was conducted on the accused and his belongings. In the course of an interview by one SSSgt Samir Bin Haroon, sometime at or about 2.39 a.m., the accused admitted that there were drugs hidden in the “Acer” laptop which he was carrying at the time of his arrest, and which was in his possession up until the interview. The said laptop was then unscrewed by one Corporal Sollehen Bin Sahadan in the presence of the accused, at or about 2.53 a.m. The following exhibits were recovered from a compartment on the underside of the laptop: 50 yellow tablets each stamped with an imprint of a ROLEX logo (marked as exhibit “A1A2”); one packet of crystalline substance (marked as exhibit “A1A3A”); and one packet of crystalline substance (marked as exhibit “A1A4A”). The accused admitted possession of the said two packets of crystalline substance and 50 yellow tablets. 5 In the course of a further interview, the accused admitted that the said two packets of crystalline substance were drugs meant to be delivered to the accomplice after his arrival in Singapore. The laptop containing the drugs had been handed to him by a Malaysian acquaintance and drug supplier known only as one “Golden Hair” or “GH” at Mount Austin, Johor Bahru, Malaysia, before the accused was to enter Singapore. The accused was told that there would be about 250 grams of ‘sejuk’ (which he knew to be ‘Ice’, the streetname for methamphetamine) in the laptop, amongst other drugs. The said drugs had been ordered by the accomplice from “Golden Hair”. After he entered Singapore, the accused was to contact the accomplice. The accomplice knew that the accused would be bringing in the drugs supplied by “Golden Hair” from Malaysia into Singapore, as he had communicated with both “Golden Hair” and the accused on this matter prior to 5 September 2014. In return for bringing the drugs into Singapore, the accused was to receive a payment of about S$500. 6 After his arrest, sometime around 4.53 a.m., the accused texted the accomplice to ask him where he was. Sometime around 5.00 a.m., the accused made a phone call to the accomplice to arrange where to meet. These communications were carried out in the presence of SSSgt Samir Bin Haroon. The accused informed the accomplice that he had been stopped for checks by immigration officers, and that he wanted to deliver the drugs as soon as possible as he was afraid of bringing them home. It was agreed that they would meet at a Shell petrol kiosk at the vicinity of Woodlands Avenue 9, Singapore. 7 Thereafter, a team of CNB officers was sent on a follow-up operation to arrest the accomplice. At or about 5.45 a.m., the accomplice was spotted at the said petrol kiosk by CNB officers. However, he left the area shortly after; the accomplice called the accused to inform that he was feeling uneasy. At or about 6.05 a.m., the accomplice was spotted again at the vicinity of Blk 876 Woodlands Avenue 9, Singapore, and placed under arrest by CNB officers, including SSSgt Samir Bin Haroon. After his arrest, three handphones (exhibits “MI-HP1”, “MI-HP2” and “MI-HP3”) were seized from the accomplice. 8 After the accused’s arrest, the seized exhibits that were marked as “A1A3A” and A1A4A” were sent to the Health Sciences Authority (HSA) for analysis on 8 September 2014. 9 On 2 October 2014, Tan Sylvia, an Analyst with the Illicit Drugs Laboratory of the HSA, having conducted the analysis in...