PUBLIC PROSECUTOR v Hashim Bin Ismail & 3 Ors

[2023] SGHC 165 High Court (General Division) 12 June 2023 HC/CC 40/2018
14 cases cited (13 SG, 1 foreign) Cited by 2 cases

Key facts

Court High Court (General Division)
Decided
Judge Pang Khang Chau
Charges / claim Criminal Law
Counsel Allagarsamy & Co, Attorney-General's Chambers, Characterist LLC, Clifford Law LLP, Dew Chambers, Fleet Street Law LLC, James Selvaraj, Ram Goswami, Ramesh Tiwary, Allagarsamy s/o Palaniyappan, Anandan Bala, Aw Wee Chong Nicholas, Dhanaraj James Selvaraj, Krishna Ramakrishna Sharma, Ram Goswami, Ramesh Chandr Tiwary, Samuel Yap, Theong Li Han, Wee Heng Yi Adrian, Wong Li-Yen Dew

Source: [2023] SGHC 165, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (20)

Parties (5)

Public Prosecutor Plaintiff Azuin bin Mohd Tap Defendant
Hashim Bin Ismail Defendant
Jayacelan A/L Kerusnan Defendant
Kumaran Kesawan Defendant

Case Significance

Public Prosecutor v Hashim bin Ismail and others [2023] SGHC 165 is a grounds of decision of Pang Khang Chau J in the General Division of the High Court, delivered on 12 June 2023 in Criminal Case No 40 of 2018. It was the joint trial of four accused persons — Hashim bin Ismail, a Singaporean born in 1965; Jayacelan a/l Kerusnan, a Malaysian born in 1982; Azuin bin Mohd Tap, a Singaporean born in 1970; and Kumaran Kesawan, a Malaysian born in 1967 — each charged with trafficking in five packets containing 2,298.7 g of granular/powdery substance found to contain not less than 97.02 g of diamorphine. The Prosecution's case was that the four were involved in delivering the drugs in a relay, beginning with Kumaran bringing them into Singapore from Malaysia and ending with Azuin picking them up from a carpark next to Sim Lim Tower.

Summary

Four accused persons stood joint trial for trafficking five packets containing not less than 97.02g of diamorphine, brought into Singapore from Malaysia and passed in a relay near Sim Lim Tower, under the Misuse of Drugs Act. The High Court convicted Kumaran, Jayacelan and Azuin. Kumaran and Jayacelan, found to be couriers with certificates of substantive assistance, received life imprisonment (Jayacelan also 15 strokes), while Azuin, lacking such a certificate, was sentenced to death.

What was Public Prosecutor v Hashim bin Ismail [2023] SGHC 165 about?

It was the joint drug-trafficking trial of four accused before Pang Khang Chau J, decided on 12 June 2023, each charged with trafficking five packets containing not less than 97.02 g of diamorphine under the Misuse of Drugs Act.

Who were the accused in [2023] SGHC 165?

The four accused were Hashim bin Ismail (Singaporean, born 1965), Jayacelan a/l Kerusnan (Malaysian, born 1982), Azuin bin Mohd Tap (Singaporean, born 1970), and Kumaran Kesawan (Malaysian, born 1967), alleged to have delivered the drugs in a relay from Malaysia.

Statutes Cited

Cases Cited (14)

SG (2)
[2017] SGHC 290 [2018] SGHC 104
SLR (11)
[2006] 4 SLR(R) 45 [2008] 1 SLR 1 [2012] 2 SLR 903 [2014] 3 SLR 721 [2017] 1 SLR 633 [2017] 1 SLR 771 [2017] 3 SLR 66 [2019] 1 SLR 113 [2019] 2 SLR 216 [2021] 1 SLR 180 [2022] 2 SLR 676
UK (1)
[1960] 2 QB 396

Cited By (2)

Related cases

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Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 165)