Arrifin Bin Aziz v Public Prosecutor

JudgeSuriakumari d/o Sidambaram
Judgment Date29 December 2000
Neutral Citation[2000] SGDC 53
Published date19 September 2003
Citation[2000] SGDC 53
CourtDistrict Court (Singapore)


Grounds of Decision

A. The charge

1. The Prosecution proceeded on the following 2 charges ("the charges") against the Accused in this case:

(a) DAC 20986/2000 ("P1")


Arifin Bin Aziz,

NRIC NO. S 7809419B

are charged that you on 3rd June 2000, at or about 8.40 p.m., at Bukit Batok Central, which is a public place did have under your control an offensive weapon, to wit, one kitchen knife with a blade measuring about 14 cm long, otherwise than with lawful authority or for lawful purpose, and you have thereby committed an offence under Section 6(1) of the Corrosive and Explosive Substances and Offensive Weapons Act, Chapter 65.

(b) DAC 22233/2000 (P2")


Arifin Bin Aziz,

NRIC NO. S 7809419B

are charged that you on the 3rd day of June 2000, at or about 8.40 p.m., at Bukit Batok Central, Singapore, did voluntarily cause hurt to one Norzalan Bin Abdul Aziz by kicking and punching him on his body, and you have thereby committed an offence under Section 323 of the Penal Code, Chapter 224.

2. The Accused pleaded guilty to the second charge in DAC 22233/2000 (P2") but claimed trial to the first charge in DAC 20986/2000 ("P1"). The Accused confirmed that he understood the nature and consequences of his guilty plea in DAC 22233/2000 (P2"). The punishment prescribed by law in respect of that charge(P2) was also explained to the Accused. The Prosecution tendered the Statement of Facts (Exhibit "A") and the medical report ("P3") on the victim in the charge P2 the contents of which the Accused admitted unreservedly. The Accused was accordingly found guilty and convicted on the second charge P2. The mitigation and sentence in the second charge (P2) was stood down pending the trial in the first charge (P1).

3. At the end of the trial of the charge "P1", I found the Accused guilty and convicted him on the first charge of having under his control in a public place an offensive weapon without lawful authority or purpose. After considering all the circumstances of the case and his mitigation, I sentenced the Accused as follows:

(a) in DAC 20986/2000 ("P1") to 6 months imprisonment and 6 strokes of the cane; and

(b) in DAC 22233/2000 (P2") to 2 weeks' imprisonment.

I further ordered the sentences in both charges to run concurrently. I therefore ordered the Accused to serve a total of 6 months imprisonment and to receive 6 strokes of the cane. The Accused being dissatisfied with only the conviction in the charge("P1") in DAC 20986/2000 and only the sentence in the charge ("P2") in DAC 22233/2000 is appealing against them.

B. The Facts

(a) The Prosecutions case

4. The first witness for the Prosecution was Corporal Norzalan Bin Abdul Aziz ("Norazlan"), a police detective with the Specialized Crime Squad who is the victim in this case. He testified that on 3/6/2000 at about 8.40p.m, he went together with Corporal Norhisham Bin Haron ("Norhisham") to Westmall Shopping Centre ("Westmall") located at Bukit Batok Central on official duty. He said that on the way, by chance, he met Woman Corporal Irna Juniza ("Irna") who was also going to Westmall and walked together with her. Norhisham had walked ahead of them. He added that while he was walking, a male Malay unknown to him (Mohammed Takder "Takder") approached him and asked him why he stared at him(Takder) to which Norzalan said "very sorry" and walked off. However, Takder had approached him a second time and asked him the same question, and when Norzalan had ignored him and walked off, Takder threw a punch, which landed on Norazlan's ear. Norzalan stated that at the same time, 2 other male Malays both unknown to him, one of whom was the Accused who was then dressed in a light coloured jacket and a cap, came from the direction of Bukit Batok MRT station towards him and started kicking and punching him.

5. Norzalan added that when the 3 male Malays fisted and kicked him, he defended himself by blocking off all their assaults. He further said that as he was on official business at Westmall at the time of the assault, he could not identify himself. He had however noticed that during the assault, the Accused was reaching for something in his rear with his hand. He said that at that time the area was brightly lit and that he was about an arm length or about 1 metre away from the Accused when he saw part of the object which he identified to be a knife ("P4"). He said that upon seeing the Accused draw the knife from his rear, he (Norazlan) shouted and identified himself as a police officer, but that the Accused however continued to reach for the object. Norzalan added that sensing danger to his life and that of Irna who was near him, he drew his service revolver to warn the Accused and to show that he is a police officer. Norzalan stated that he pointed the revolver to the ground and shouted again identifying himself as a police officer and asked the Accused to throw the object to the ground.

6. Norzalan gave evidence that when the Accused and the other 2 assailants came to know that he is a police officer and after he had drawn his service revolver, they fled in different directions. Having reholstered his service revolver, Norzalan gave chase to the Accused. He said that at that point of time, Irna was one arm length away from him, whilst Norhisham was within visual range from him. While he was chasing the Accused, Irna and Norhisham were behind him. He said that he chased the Accused and not the other 2 assailants because the Accused was armed and therefore it became a priority to him that he apprehended the Accused.

7. Norzalan confirmed that while he chased the Accused along Bukit Batok MRT Station, he saw the Accused, who was still running, pull out the knife from his rear and throw it near to a pillar opposite a phone booth at Bukit Batok MRT Station, at the spot marked "O" on the map D1. He strongly disagreed with the Accused's claim that the Accused had accidentally dropped the knife there. On seeing the knife thrown by the Accused, Norzalan looked behind and saw Narcotics Officer Abu Hanafiah ("Abu") to whom he shouted to secure the knife. Norzalan however continued chasing the Accused and managed to catch up with him at the end of Bukit Batok MRT Station where the Accused was crouching behind a wall. He said that there was a scuffle between them and that the Accused managed to escape. Norzalan said that although he pursued the Accused, he lost sight of him. He therefore returned to the scene where the Accused had thrown the knife and saw that Abu had secured the knife ("P4") with his jacket. He added that Norhisham had called 999 call for assistance and when the mobile police arrived, the facts were relayed to them and the knife was handed over to Senior Investigation Officer Tee Cheong Siang ("Tee"). Norzalan also stated that prior to the incident that day, he did not know nor had had any misunderstanding with the Accused.

8. The Prosecution next called Corporal Norhisham Bin Haron, also a police officer from the Specialised Crime Squad as its witness. Norhisham confirmed that on 3/6/2000 at 8.40 pm., Norzalan and he were in the vicinity of Westmall on official duty. He said that Norzalan was walking with Irna whom they had met by chance at Bukit Batok that evening.

He said that he was there to meet an informant. He said that he had also met Central Narcotics Bureau Officer, Sergeant Abu Hanafiah ("Abu") and that they were at the seats outside the "Coffee Bean" at Westmall waiting for the informant when he heard a commotion and someone shouting "Police." When he turned, he saw Norzalan being assaulted by 3 male Malays including the Accused who was then wearing a light coloured cap and a light coloured jacket. He added that Irna was at that time on Norzalan's left side about 1 arm's length away. He said that he was shocked and wanted to assist Norzalan. He also said that the place was brightly lit at that time and there was no obstruction to his view of the incident. He said that he got up and proceeded as fast as he could towards the scene when he saw the Accused taking out from the Accused's right rear, a shiny object, which he believed to be a knife. He said that the Accused, who was about 1 arm's length from Norzalan, had pulled out the shiny object half way, that is, about 3 inches, from his rear. He added that after that Norzalan reached for his revolver and pointed it to the ground and shouted "Police. Drop Your Weapon." He further said that it was then that the 3 assailants fled in different directions. He said that he saw Norzalan reholstering his revolver and chasing the Accused.

9. Norhisham testified that he joined in the chase of the Accused with Abu behind him. Norhisham gave evidence that during the chase, he saw the Accused reaching back to his rear and throwing the knife ("P4") on the ground close to the phone booth of Bukit Batok MRT Station. He disagreed that the knife had accidentally dropped there from the Accused's pocket. He said that he ignored the knife and carried on chasing when he heard Norzalan shouting to Abu to secure the knife. He also said that at about 8.50p.m, whilst running, he called for police assistance using his handphone and relayed the message in "P5" to the police. When he continued chasing the Accused, he saw Norzalan trying to restrain the Accused near the elevator of the MRT Station but that in the scuffle between the Accused and Norzalan, Norzalan slipped and fell and the Accused fled. He said that the Accused then turned back and ran towards him (Norhisham) and that there was a short scuffle between the Accused and Norhisham. Norhisham added that he (Norhisham) fell to the ground and the Accused continued running towards Abu. He said that the Accused also pushed Abu and run towards the open field. He further said that he then decided to stop his chase and wait for backup. He said that prior to the incident, he did not know nor had any misunderstanding with the Accused.

10. The...

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