Muhammed Izwan Bin Borhan v PUBLIC PROSECUTOR

[2025] SGCA 55 Court of Appeal 3 December 2025 • CA/CCA 11/2022|CA/CCA 12/2022 • 87 min read
15 cases cited

Catchwords

Criminal Law — Statutory offences — Misuse of Drugs Act

Practice Areas

Criminal Law

Judges (3)

Belinda Ang Saw Ean Coram Sundaresh Menon Coram Tay Yong Kwang Delivered

Counsel (14)

Advocatus Law LLP Firm Attorney-General's Chambers Firm Chooi Jing Yen LLC Firm Eugene Thuraisingam LLP Firm Providence Law Asia LLC Firm Cheong Jun Ming Mervyn Counsel Appellant Chooi Jing Yen Counsel Appellant Jordan Kow Counsel Appellant Kumaresan Gohulabalan Counsel Respondent Lim Yi Zheng Counsel Appellant Loo Yinglin Bestlyn Counsel Appellant Stephanie Koh Counsel Respondent Suang Wijaya Counsel Appellant Vergis S Abraham Counsel Appellant

Parties (3)

Public Prosecutor Respondent Ahmad Suhaimi bin Ismail Appellant Muhammad Izwan bin Borhan Appellant

Case Significance

[2025] SGCA 55 is a Court of Appeal decision dated 3 December 2025 concerning Criminal Law, specifically addressing statutory offences. The judgment was delivered by Tay Yong Kwang, with Belinda Ang Saw Ean and Sundaresh Menon on the coram. The case was brought by Ahmad Suhaimi bin Ismail and others (appellant) against Public Prosecutor (respondent). Legal representation was provided by Advocatus Law LLP and Attorney-General's Chambers. The judgment cites 15 cases and references 4 statutory provisions, including the Class A of the First Schedule of the Misuse of Drugs Act, the Criminal Procedure Code, and the Misuse of Drugs Act.

Summary

Muhammad Izwan bin Borhan and Ahmad Suhaimi bin Ismail appealed against their convictions and mandatory death sentences for trafficking in diamorphine (26.19g) and methamphetamine (252.04g). The key issues included whether Izwan had rebutted the presumption of trafficking, whether Suhaimi had knowledge of the drugs, and challenges to the credibility of police witnesses and the recording of statements. The Court of Appeal dismissed both appeals, finding the charges established beyond reasonable doubt and the mandatory death penalty applicable as neither appellant was a mere courier.

What was decided in [2025] SGCA 55?

[2025] SGCA 55 (Muhammed Izwan Bin Borhan v PUBLIC PROSECUTOR) is a Court of Appeal decision from 3 December 2025 addressing Criminal Law, specifically statutory offences. The judgment was delivered by Tay Yong Kwang.

Who were the parties in Muhammed Izwan Bin Borhan v PUBLIC PROSECUTOR?

The appellant in [2025] SGCA 55 was Ahmad Suhaimi bin Ismail, Muhammad Izwan bin Borhan, and the respondent was Public Prosecutor. Legal representation included Attorney-General's Chambers and Advocatus Law LLP. The case was decided on 3 December 2025 in the Court of Appeal.

Which judge decided [2025] SGCA 55?

[2025] SGCA 55 was delivered by Tay Yong Kwang in the Court of Appeal on 3 December 2025. Belinda Ang Saw Ean and Sundaresh Menon also sat on the coram. The case concerned Criminal Law.

What cases and statutes does [2025] SGCA 55 cite?

[2025] SGCA 55 cites 15 prior decisions. It references Class A of the First Schedule of the Misuse of Drugs Act, Criminal Procedure Code, Misuse of Drugs Act.

Statutes Cited

Class A of the First Schedule of the Misuse of Drugs Act (Cap 185)
Criminal Procedure Code (Cap 68)
s 22 s 392(1)
Misuse of Drugs Act (Cap 185)
Penal Code (Cap 224)
s 107

Cases Cited (15)

SG (5)
[2012] SGCA 18 [2021] SGCA 110 [2022] SGHC 40 [2022] SGHC 5 [2025] SGHC 15
SLR (10)
[1990] 2 SLR(R) 414 [1995] 1 SLR(R) 32 [1998] 1 SLR(R) 259 [1998] 3 SLR(R) 619 [2000] 2 SLR(R) 904 [2012] 1 SLR 676 [2018] 1 SLR 610 [2019] 1 SLR 1003 [2019] 1 SLR 440 [2022] 1 SLR 1152

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGCA 55)