PUBLIC PROSECUTOR v Muhammad Hanafi Bin Abdul Talip and Mohamed Nagib Bin Awang

Case Significance

Public Prosecutor v Muhammad Hanafi bin Abdul Talip and another [2024] SGHC 319 is a judgment of the General Division of the High Court delivered by Hoo Sheau Peng J on 16 December 2024, in Criminal Case No 24 of 2023. It was a joint trial of two accused persons, Mr Muhammad Hanafi bin Abdul Talip and Mr Mohamed Nagib bin Awang, on charges under the Misuse of Drugs Act (Cap 185, 2008 Rev Ed).

Hanafi claimed trial to two charges under s 5(1)(a) read with s 5(2) of the MDA for possession for the purpose of trafficking, on 27 April 2021, of five packets containing not less than 58.86g of diamorphine and four blocks containing not less than 499.99g of vegetable matter found to be cannabis; Nagib claimed trial to two charges of trafficking under s 5(1)(a) for delivering those bundles and blocks to Hanafi. The judgment records that, for the charges relating to the diamorphine bundles but not the cannabis blocks, the death penalty is prescribed, and that the Prosecution proceeded with further non-capital charges, four against Hanafi and three against Nagib, to which both indicated no substantive defence. The Prosecution was represented by the Attorney-General's Chambers, with defence counsel from Damodara Ong LLC, Dora Boon & Company and Sureshan LLC. The judgment cites 26 Singapore authorities and references statutes including the Misuse of Drugs Act and the Criminal Procedure Code.