PUBLIC PROSECUTOR v Lokman Bin Abdul Rahman & Anor

[2023] SGHC 60 High Court (General Division) 17 March 2023 HC/CC 1/2019
9 cases cited (8 SG, 1 foreign)

Key facts

Court High Court (General Division)
Decided
Judge Valerie Thean
Charges / claim Criminal Law
Counsel Attorney-General's Chambers, Eugene Thuraisingam LLP, IRB Law LLP, April Phang, Eugene Thuraisingam, Johannes Hadi, Kenny Yang, Mohamed Fazal Bin Abdul Hamid

Source: [2023] SGHC 60, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (2)

Public Prosecutor Prosecution
Mohamed Mubin bin Abdul Rahman Accused

Case Significance

Public Prosecutor v Mohamed Mubin bin Abdul Rahman [2023] SGHC 60 is a findings on remittal by Valerie Thean J in the General Division of the High Court on Criminal Case No 1 of 2019, delivered on 17 March 2023 under Criminal Law — Statutory offences — Misuse of Drugs Act. The accused, Mohamed Mubin bin Abdul Rahman, had been jointly tried with his brother Lokman bin Abdul Rahman, who was arrested on 8 September 2015 with two bundles containing not less than 39.28g of diamorphine at a condominium lift lobby. Lokman said Mubin had instructed him to collect the bundles, while Mubin, arrested on 5 October 2015, denied any knowledge of the drugs or giving instructions; at the earlier trial the court rejected Mubin's evidence and accepted Lokman's account, and the excerpt sets out the background to the remittal rather than the final findings.

Summary

This was a findings on remittal in the drug trafficking prosecution of Mohamed Mubin bin Abdul Rahman, who had been tried with his brother in relation to bundles containing not less than 39.28g of diamorphine under the Misuse of Drugs Act. The remitted issue concerned whether Mubin satisfied the alternative sentencing requirement in s 33B(3)(b) of the Act, which turned on abnormality of mind and mental responsibility. Applying the relevant tests, the court found insufficient evidence of an abnormality of mind and determined that s 33B(3)(b) was not satisfied.

What was Public Prosecutor v Mohamed Mubin bin Abdul Rahman [2023] SGHC 60 about?

It concerned findings on remittal in Criminal Case No 1 of 2019 before Valerie Thean J, arising from a Misuse of Drugs Act prosecution where Mubin was jointly tried with his brother Lokman, who was arrested on 8 September 2015 with not less than 39.28g of diamorphine.

What role did the diamorphine bundles play in the Mubin bin Abdul Rahman case ([2023] SGHC 60)?

Lokman was arrested with two bundles containing not less than 39.28g of diamorphine and said Mubin had instructed him to collect and deliver them, while Mubin, arrested on 5 October 2015, denied knowledge of the drugs or giving any such instructions.

Statutes Cited

Cases Cited (9)

SG (3)
[2020] SGHC 48 [2021] SGHC 22 [2022] SGCA 75
SLR (5)
[2017] 1 SLR 505 [2019] 1 SLR 1003 [2019] 2 SLR 216 [2020] 1 SLR 1374 [2022] 4 SLR 805
UK (1)
[1960] 2 QB 396

Related cases

Other Singapore judgments on the same subject, most closely matched first.

Referenced in

Statutes interpreted in this judgment

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 60)