Public Prosecutor v Muhammad Ismail bin Kajarkaswat

• Jurisdiction: Singapore
• Judge: Hamidah Bte Ibrahim
• Judgment Date: 19 December 2018
• Neutral Citation: [2018] SGDC 318
• Court: District Court (Singapore)
• Hearing Date: 13 December 2018,28 November 2018
• Docket Number: DAC-927729-2016 & ors, Magistrate’s Appeal No 9354/2018/01
• Plaintiff Counsel: Mr Jaime Pang (DPP)
• Defendant Counsel: Mr Ezekiel Peter Latimer (M/s Peter Ezekiel & Co)
• Published date: 04 October 2019

District Judge Hamidah Bte Ibrahim:

Muhammad Ismail Bin Kajarkaswat, male, aged 36 years, the accused person in this case, faced a total of 16 charges under the Misuse of Drugs (MDA) Act, Chapter 185 and 1 charge of driving without a license under section 35(1) of the Road Traffic Act (RTA), Chapter 276. The drug charges consist of 1 count of possession of Class A controlled drugs for the purposes of trafficking, 1 count of trafficking in Class A controlled drugs, 3 counts of possession of Class A controlled drugs, 2 counts of consumption of methamphetamine, a specified drug, Long Term 1 (LT1) charges, 2 counts of possession of utensils for drug taking, 3 counts of failure to report for urine tests under the MDA (Approved Institutions and Treatment and Rehabilitation) Regulation 3 and 4 counts of abetting one Muhammad Noor Fadjar Bin Alias in trafficking in Class A controlled drugs.

The accused claimed trial to the 4 abetment in trafficking charges. On the first day of the trial, the prosecution applied for a discharge not amounting to an acquittal for these 4 charges (DAC-921551-2018 to DAC-921554-2018). The accused then pleaded guilty to 7 charges which comprise the 2 counts of trafficking in a Class A controlled drug, 1 count of an LT1 consumption of a specified drug, 2 counts of possession of Class A controlled drug, 1 charge of failing to report for urine test and 1 count of driving without a valid license. The accused admitted and consented to the remaining 6 charges to be taken into consideration (TIC) for the purpose of sentencing.

I sentenced the accused to serve a total of 10 years and 16 months’ imprisonment with 13 strokes of the cane and to pay a fine of $800, in default to serve 3 days’ imprisonment. The accused is now appealing against his sentence.

The Statement of Facts (SOF)

The material portions of the SOF which the accused admitted without any qualification is reproduced below.

Facts relating to 2nd charge: DAC-946258-2017 – Driving without a licence – s 35(1) RTA

Investigations revealed that on 10 July 2016 at about 3.00 am the accused drove a motorcar bearing registration plate number, SGR7767Y to Newton estate to transact a drug deal. At the material time, he was not a qualified licence holder of Class 3, authorizing him to drive a motor vehicle of that class. The accused has committed the offence of driving without a licence under Section 35(1) read with Section 35(3) of the RTA.

Facts relating to the 3rd charge: DAC-947069-2017 Trafficking under Sec 5(1)(a) MDA Cap 185

On 12 July 2016, at about 2.00 pm, one Ansari Bin Junid (“Ansari”), was arrested by CNB officers in the vicinity of the open car park at 1013 Geylang East Ave 3. Following a search of Ansari’s vehicle, the following items, among others, were recovered and seized as case exhibits: nine (9) packets of crystalline substance (later marked as AN-A1A, AN-A1B1, AN-A1C1). On 15 July 2016, these nine packets were sent to the Health Sciences Authority (“HSA”) for analysis.

On 17 August 2016, the HSA issued three certificates under the MDA stating that the 9 packets were analysed and found to contain not less than 6.55 grams of Methamphetamine, a Class A Controlled Drug listed under the MDA.

Investigations revealed that the accused was Ansari’s supplier of “ice” which is a street name for methamphetamine. Ansari would place orders for “ice” with the accused, and they would meet at carparks to complete each transaction. The accused had been supplying “ice” to Ansari for 3 to 6 months, for him to sell the “ice” to his own customers. He usually sold “ice” to Ansari for $550 for 6.25g of “ice”.

On 10 July 2016, at or about 3.00am, at the vicinity of Newton Apartment, Singapore, the accused sold the 9 packets which he knew contained methamphetamine to Ansari for $450. The accused has therefore committed an offence under s 5(1)(a), punishable under s 33(1) of the MDA.

Arrest on 12 July 2016

On 12 July 2016 at about 10.15 pm, the accused was arrested by CNB officers at the second level lift lobby of Blk 56 Lengkok Bahru. A search was conducted on the accused’s pouch that he was carrying and later at his home and also in his car that was parked in the vicinity. The items that were seized from him is as follows:

Exhibit found	Location	Marking
Pouch	On accused	IS-A
1 packet containing crystalline substance	Inside IS-A	IS-A1
1 digital weighing scale	IS-A2
Numerous empty packets	IS-A3
1 stained glass tube	IS-A4
1 transparent plastic box	Accused’s home	IS-B
1 packet containing 2 pink tablets	Inside IS-B	IS-B1
1 packet containing 1 orange tablet	IS-B2
1 packet containing 1 grey tablet	IS-B3
1 improvised glass	IS-C
1 packet containing crystalline substance	Driver side sunshade of vehicle SGR7767Y	IS-D

After the arrest, the accused was brought back to Clementi Police Divisional Headquarters for investigation.

Facts relating to 1st charge: DAC 927729/2016, possession of controlled drug for the purpose of trafficking under sec 5(1)(a) r/w sec 5(2) MDA Cap 185

The exhibit marked as “IS-D” was sent to the HSA for analysis on 15 July 2016. On 16 August 2016, the HSA issued one certificate under the MDA stating that exhibit was analysed and found to contain not less than 4.20 grams of methamphetamine.

The accused admitted knowledge and possession of the packet of “ice” marked as “IS-D”. Investigations revealed that he intended to sell the packet of “ice” to his clients. He intended to sell one packet of 6.25 grams of “ice” for SGD$300/. The accused had been selling “ice” for around a year and had around 7 fixed clients. He sold “ice” about 4 times a week. When a client placed an order with the accused, he would agree on a price and quantity, then repack the “ice” using a cut straw to scoop “ice” into ziplock bags. By being in possession of a controlled drug for the purpose of trafficking, the accused has thereby committed an offence under Sec 5(1)(a) of the MDA.

Facts relating to 5th charge: DAC 947071/2017 – Possession of a controlled drug, Sec 8(a) MDA Cap 185 (MDMA)

The exhibits marked “IS-B1”, “IS-B2”, “IS-B3” were sent to HSA for analysis on 15 July 2016.

On 16August 2016, the HSA issued certificates under the MDA stating that the exhibits were analysed and found to contain not less than 0.41 gram of MDMA. The accused admitted to ownership and possession of these exhibits. He identified the tablets as ecstasy which he kept for his own consumption. MDMA is a Class A Controlled Drug under the MDA. The accused has thereby committed an offence of possession of a controlled drug under s 8(a) of the MDA.

Facts relating to 10th charge: DAC 947076 2017 – Failing to report for urine test Reg 15(3)(f) p/u Reg 15(6)(a)

On 14 July 2014, the accused was placed on Supervision for 24 months by virtue of Regulation 15 of the Misuse of Drugs (Approved Institutions and Treatment and Rehabilitation) Regulations (Cap 185, Rg 3). Pursuant to the aforesaid Regulations, he was required to present himself for urine test at Jurong Police Divisional Headquarters every Monday and Fridays of each month commencing on 18 July 2014 as directed by his Supervision Officer except public holidays. However, he had failed to report for his urine tests on 103 occasions.

The accused contravened the said Regulation when he failed to present himself for urine tests on Monday 11 July 2016 without any valid reason. He absconded while on court bail on 21 October 2016 and a warrant was issued for his arrest.

Arrest on 28 November 2017

On 28 November 2017, 12.37 a.m, at Blk 111 Teck Whye Lane #03-616, Singapore, the accused was arrested for drug offences and absconding. From the search conducted in the bedroom of the flat, 1 packet containing crystalline substance (marked M1-1), 1 grey color bag, 1 digital weighing scale, 1 cut straw, 5 stained packet, 1 red color stained packet and 1 improvised glass bottle with tube and pipe were seized.

Facts relating to 11th charge: DAC 947077/2017 – Consumption of a specified drug p/u Sec 33A (1) MDA Cap 185 (Methamphetamine)

On 28 November 2017, at the CNB office of Central Police Divisional Headquarters, the accused provided two bottles of his urine specimen which were sent to the HSA for analysis on 28 November 2017. On 30 November 2017, the HSA issued two certificates under the MDA stating that on analysis, the said urine samples were found to contain methamphetamine, a Specified Drug listed under the MDA.

The accused admitted that he had last smoked ‘ice’ 2 to 3 days prior to his arrest on 28 November 2017 at his bedroom where the drugs were seized. He smoked ‘ice’ to relieve stress and also sometime just for fun due to boredom. The accused’s urine samples were found to contain methamphetamine due to the accused’s consumption of ‘ice’. The accused has thereby committed an offence of...