Muhammad Hamir B Laka v PUBLIC PROSECUTOR

[2023] SGCA 23 Court of Appeal 21 July 2023 CA/CCA 31/2022 34 min read
6 cases cited (4 SG, 2 foreign)

Key facts

Court Court of Appeal
Decided
Judges Belinda Ang Saw Ean, Sundaresh Menon, Tay Yong Kwang
Charges / claim Criminal Law
Counsel Attorney-General's Chambers, Fleet Street Law LLC, Luo Ling Ling LLC, Heershan Kaur, Joshua Ho Jin Le, Kevin Yong, Krishna Ramakrishna Sharma, Luo Ling Ling, Noor Heeqmah binte Wahianuar

Source: [2023] SGCA 23, Court of Appeal, decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (9)

Parties (2)

Case Significance

Muhammad Hamir B Laka v Public Prosecutor [2023] SGCA 23 is a grounds of decision of the Court of Appeal, delivered on 21 July 2023 in Criminal Appeal No 31 of 2022, with Sundaresh Menon CJ delivering the grounds of decision of the court sitting with Tay Yong Kwang JCA and Belinda Ang Saw Ean JCA. The appellant, Muhammad Hamir B Laka, had been convicted by a judge of the General Division of the High Court of having in his possession for the purpose of trafficking 39.71g of diamorphine, an offence under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed), and was sentenced to the mandatory death penalty. Arrested on the afternoon of 23 September 2019 in the Marine Parade vicinity after arranging to meet a person known as Zainudin (who had earlier been arrested by the Central Narcotics Bureau), he appealed against both conviction and sentence, raising the defence of necessity; the court dismissed the appeal.

[2023] SGCA 23 explained

Muhammad Hamir B Laka v PUBLIC PROSECUTOR ([2023] SGCA 23) is a Singapore judgment decided by the Court of Appeal on 21 July 2023. It is categorised under Criminal Law. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGCA 23 about?

Muhammad Hamir B Laka v PUBLIC PROSECUTOR ([2023] SGCA 23) is a Court of Appeal decision from 2023. Its published catchwords are “Criminal Law — Defence of necessity” and “Criminal Law — Statutory offences — Misuse of Drugs Act”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGCA 23 consider?

The judgment refers to Amendment Act, Class A Controlled Drug listed in the First Schedule to the Misuse of Drugs Act (Cap 185), Criminal Procedure Code (Cap 68), and Interpretation Act (Cap 1), among other provisions. The statutes cited are listed in full on this page, each linking to its primary text.

What was Muhammad Hamir B Laka v Public Prosecutor [2023] SGCA 23 about?

It was a Court of Appeal decision delivered on 21 July 2023, with Sundaresh Menon CJ delivering the grounds, concerning Muhammad Hamir B Laka's appeal against conviction and the mandatory death penalty for possessing 39.71g of diamorphine for the purpose of trafficking.

What was the drug quantity and charge in [2023] SGCA 23?

The appellant was convicted of possessing 39.71g of diamorphine for the purpose of trafficking under s 5(1)(a) read with s 5(2) of the Misuse of Drugs Act, arrested on 23 September 2019 in the Marine Parade vicinity, and raised the defence of necessity on appeal.

Statutes Cited

Cases Cited (6)

SG (1)
[2022] SGHC 203
SLR (3)
[2017] 2 SLR 850 [2019] 1 SLR 440 [2019] 5 SLR 526
UK (2)
[1971] Ch 734 [2001] 1 WLR 2206

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGCA 23)