Public Prosecutor v Muhammad Nabill bin Mohd Fuad

• Judge: Audrey Lim JC
• Judgment Date: 03 December 2018
• Neutral Citation: [2018] SGHC 268
• Citation: [2018] SGHC 268
• Court: High Court (Singapore)
• Published date: 15 April 2020
• Docket Number: Criminal Case No 61 of 2018
• Plaintiff Counsel: Lau Wing Yum and Chan Yi Cheng (Attorney-General's Chambers)
• Defendant Counsel: Hassan Esa Almenoar (R Ramason & Almenoar) and Sheik Umar bin Mohamed Bagushair (Wong & Leow LLC)
• Subject Matter: Criminal Law,Statutory Offences,Misuse of Drugs Act,Criminal procedure and sentencing,Sentencing,Conviction
• Hearing Date: 14 August 2018,13 August 2018,15 August 2018,05 November 2018,16 August 2018

Audrey Lim JC: Introduction

The accused (“Nabill”) claimed trial to two charges under the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“the MDA”), which read as follows:

(1st Charge)

That you, Muhammad Nabill bin Mohd Fuad,

on 27 January 2016, at about 8.02 p.m., at Blk 440B Fernvale Link, [unit xxx], Singapore, did traffic in a Class ‘A’ controlled drug listed in the First Schedule to the Misuse of Drugs Act (Chapter 185, 2008 Rev Ed) (“MDA”), to wit, by having in your possession for the purpose of trafficking, sixty-four (64) packets containing 1,827.21 grams of granular/powdery substance, which was analysed and found to contain not less than 63.41 grams of diamorphine, without authorisation under the said Act or the Regulations made thereunder, and you have thereby committed an offence under s 5(1)(a) read with s 5(2) punishable under s 33(1) of the MDA, and further upon your conviction under s 5(1)(a) read with s 5(2) of the MDA, you may alternatively be liable to be punished under s 33B of the MDA.

(2nd Charge)

That you, Muhammad Nabill bin Mohd Fuad,

on 27 January 2016, at about 8.02 p.m., at Blk 440B Fernvale Link, [unit xxx], Singapore, did traffic in a Class ‘A’ controlled drug listed in the First Schedule to the Misuse of Drugs Act (Chapter 185, 2008 Rev Ed) (“MDA”), to wit, by having in your possession for the purpose of trafficking, nine (9) blocks containing not less than 2,251.90 grams of vegetable matter, which was analysed and found to be cannabis, without authorisation under the said Act or the Regulations made thereunder, and you have thereby committed an offence under s 5(1)(a) read with s 5(2) punishable under s 33(1) of the MDA, and further upon your conviction under s 5(1)(a) read with s 5(2) of the MDA, you may alternatively be liable to be punished under s 33B of the MDA.

At the conclusion of the trial, I found that the Prosecution had proved beyond a reasonable doubt the two charges against Nabill, and I convicted him on the charges. Under s 33(1) of the MDA, read with the Second Schedule to the MDA, the prescribed punishment is death. Pursuant to s 33B(1)(a) of the MDA, the court has a discretion not to impose the death penalty if the requirements set out in s 33B(2)(a) of the MDA are satisfied. I found that the requirements of s 33B(2)(a) were not satisfied and further, the Prosecution did not issue a certificate of substantive assistance under s 33B(2)(b) of the MDA. Accordingly, I passed the mandatory death sentence on Nabill.

Nabill has filed an appeal against his conviction and sentence.

The Prosecution’s case Events leading up to and the arrest of Nabill

On 27 January 2016, Senior Staff Sergeant Ika Zahary bin Kasmari (“SSgt Ika”) from the Central Narcotics Bureau (“the CNB”) briefed a party of CNB officers about an operation relating to Nabill, who was suspected of being involved in drug activities.

Around 7pm that day, CNB officers arrived at a multi-storey carpark beside Block 440B Fernvale Link and began observing Nabill’s apartment (“the Flat”). At about 8pm, Nabill and one Mohamed Khairul Bin Jabar (“Khairul”) were arrested when they were both leaving the Flat. The CNB officers then entered the Flat and arrested one Mashitta Binte Dawood (“Mashitta”), Nabill’s wife. Khairul was arrested because he was found with two packets of methamphetamine in his bag and Mashitta was arrested because she was a suspected drug addict.

The CNB officers proceeded to search the Flat in Nabill’s presence. The following exhibits were seized from “Bedroom 1” (with the serial numbers of the items forming the subject of the charges in bold and underline):¹

Items on the bed

S/N	Description of item
1	One “Mintek” bag (“G1”) which contained Items S/N 2–6 below
2	One plastic bag (“G1A”), which contained one packet of granular/powdery substance (“G1A1”) later analysed and found to contain not less than 0.19g of diamorphine2
3	One red packet (and a rubber band) (“G1B”), which contained 100 tablets in slabs (“G1B1”) later analysed and found to contain nimetazepam3
4	One red packet (and a rubber band) (“G1C”), which contained 100 tablets in slabs (“G1C1”) later analysed and found to contain nimetazepam4
5	One packet of numerous plastic bags (“G1D”)
6	Six tablets (“G1E”), later analysed and found to contain nimetazepam5

Items at the side of the bed

S/N	Description of Item
7	One black pouch (“H1”) which contained items S/N 8–9 below.
8	One black plastic bag (and a rubber band) (“H1A”), which contained two packets of crystalline substance (“H1A1”) and (“H1A2”) later analysed and found to contain not less than 2.83g and 41.23g of methamphetamine respectively6
9	Two digital scales (“H1B” and “H1C”)
10	One cloth case (“H2”) which was later the same morning found to contain cash totalling $14,400 (“H2-Cash”)7

Items inside a foldable wardrobe

S/N	Description of Item
11	One “amore” metal container (“E1”), which contained seven glass apparatus and two tissue paper (“E1A”)
12	One “Beautex” tissue box (“E2”), which contained numerous smoking utensils and packaging (“E2A”)

Items beside the foldable wardrobe

S/N	Description of Item
13	One “Akira” box (“F1”) which contained items S/N 14–31 below
14	One packet of granular/powdery substance (“F1A”), later analysed and found to contain not less than 16.18g of diamorphine8
15	One packet of granular/powdery substance (“F1B”), later analysed and found to contain not less than 15.86g of diamorphine9
16	One packet of granular/powdery substance (“F1C”), later analysed and found to contain not less than 16.47g of diamorphine10
17	One plastic bag (“F1D”) which contained items F1D1, F1D2 and F1D3 (S/N 18–20 below)
18	One medium-sized ziplock bag (“F1D1”), which contained 10 mini packets containing granular/powdery substance (“F1D1A”) later analysed and found to contain not less than 2.49g of diamorphine11
19	One medium-sized ziplock bag (“F1D2”), which contained 10 mini packets containing granular/powdery substance (“F1D2A”) later analysed and found to contain not less than 2.51g of diamorphine12
20	One medium-sized ziplock bag (“F1D3”), which contained 10 mini packets containing granular/powdery substance (“F1D3A”) later analysed and found to contain not less than 2.56g of diamorphine13
21	One plastic bag (“F1E”) which contained items F1E1, F1E2 and F1E3 (S/N 22–24 below)
22	One medium-sized ziplock bag (“F1E1”), which contained 10 mini packets containing granular/powdery substance (“F1E1A”) later analysed and found to contain not less than 2.42g of diamorphine14
23	One medium-sized ziplock bag (“F1E2”), which contained 10 mini packets containing granular/powdery substance (“F1E2A”) later analysed and found to contain not less than 2.42g of diamorphine15
24	One medium-sized ziplock bag (“F1E3”), which contained 10 mini packets containing granular/powdery substance (“F1E3A”), later analysed and found to contain not less than 2.31g of diamorphine16
25	One paper bag (“F1F”), which contained:17 (a) 164 red tablets (“F1F1”); (b) 99 blue tablets (“F1F2”), (c) 150 green tablets (“F1F3”); and (d) 21 green and four red tablets (“F1F4”); all of which were later analysed and found to contain methamphetamine and other controlled drugs
26	One red bag (“F1G”) which contained items S/N 27–30 below
27	Three packets of plastic bags (“F1G1”)
28	One packet (“F1G2”) containing numerous ziplock bags (“F1G2A”)
29	One packet (“F1G3”) containing one roll of cling wrap (“F1G3A”) and numerous empty packets (“F1G3B”)
30	A digital scale (“F1G4”), a packet of two smoking apparatus (“F1G5”) and a packet of small tubes (“F1G6”)
31	An electronic kitchen scale (“F1H”)

Items on the floor, beside the bed¹⁸

S/N	Description of Item
32	One metal container (“J1”), which contained numerous ziplock bags (“J1A”)
33	One metal container (“J2”), which contained numerous ziplock bags (“J2A”)

SSgt Richard Chua Yong Choon (“SSgt Richard”) explained that after the search in Bedroom 1 had concluded, SSgt Ika asked Nabill if there were any more drugs in the Flat, to which Nabill replied, “storeroom”.¹⁹ SSgt Richard did not hear the conversation between SSgt Ika and Nabill, but was informed of it by SSgt Ika.²⁰ SSgt Ika stated that after the search of Bedroom 1 had ended, he asked Nabill “ada lagi” (meaning “still some more”), essentially to ask Nabill if there were any more drugs in the Flat.²¹ SSgt Ika stated that Nabill answered “storeroom” and he then escorted Nabill to the storeroom at about 9.45pm.

The storeroom was searched in Nabill’s presence and SSgt Richard seized the following items from the storeroom (with serial numbers of items forming the subject matter of the charges in bold and underline):²²

S/N	Description of Item
34	One red trolley bag (“B1”), in which items S/N 35–43 below were found
35	One cling wrap (“B1A”) which contained a piece of newspaper (“B1A1”) which in turn contained two blocks of vegetable matter (“B1A1A”), containing not less than 250.6g of vegetable matter which was later

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