Naim Bin Yusri v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Toh Han Li
• Judgment Date: 28 July 2021
• Neutral Citation: [2021] SGDC 134
• Court: District Court (Singapore)
• Hearing Date: 10 December 2019
• Docket Number: District Arrest Case No 924951 of 2018 & ors, Magistrate’s Appeal No 9157 of 2021-01
• Plaintiff Counsel: Sarah Sabir Thanker (Attorney-General's Chambers)
• Defendant Counsel: Dhillon Surinder Singh (Dhillon & Panoo LLC)
• Subject Matter: Criminal law,Statutory offences,Misuse of Drugs Act,Road Traffic Act,Motor Vehicles (Third-Party Risks & Compensation) Act,Criminal Procedure and Sentencing,Sentencing,Backdating
• Published date: 04 August 2021

District Judge Toh Han Li: Introduction

The accused faced a total of 26 charges. On 10 December 2019 he pleaded guilty to 8 charges before me with 18 other charges taken into consideration for the purposes of sentencing as indicated in the table below.

S/No.	Charge No	Charge	Remarks
1	DAC- 924951-2018 (1st Charge)	Possession of not less than 7.47 grams of diamorphine, a Class A Controlled Drug, for the purpose of trafficking, under Sec 5(1)(a) r/w Sec 5(2) p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	Proceed
2	DAC- 931885-2018 (2nd Charge)	Dangerous driving under Sec 64(1) Road Traffic Act (Cap 276, Rev Ed 2004) (“RTA”)	Proceed
3	DAC- 931886-2018 (3rd Charge)	Failing to stop after an accident under Sec 84(1) Road Traffic Act (Cap 276, Rev Ed 2004) (“RTA”)	TIC
4	DAC- 931887-2018 (4th Charge)	Failing to render assistance under Sec 84(3) Road Traffic Act (Cap 276, Rev Ed 2004) (“RTA”)	Proceed
5	DAC- 931888-2018 (5th Charge)	Driving without a valid licence under Sec 35(1) Road Traffic Act (Cap 276, Rev Ed 2004) (“RTA”)	Proceed
6	DAC- 931889-2018 (6th Charge)	Driving without insurance coverage under Sec 3(1) Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, Rev Ed 2000) (“MVTPA”)	Proceed
7	DAC- 931890-2018 (7th Charge)	Taking away vehicle without owner’s consent under Sec 96(1) Road Traffic Act (Cap 276, Rev Ed 2004) (“RTA”)	TIC
8	DAC- 932319-2018 (8th Charge)	Possession of not less than 83.8 grams of methamphetamine, a Class A Controlled Drug, for the purpose of trafficking under Sec 5(1)(a) r/w Sec 5(2) p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	TIC
9	DAC- 932320-2018 (9th Charge)	Possession of not less than 5.32 grams of MDMA, a Class A Controlled Drug, for the purpose of trafficking under Sec 5(1)(a) r/w Sec 5(2) p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	TIC
10	DAC- 932321-2018 (10th Charge)	Possession of not less than 1.41 grams of diamorphine, a Class A Controlled Drug, for the purpose of trafficking under Sec 5(1)(a) r/w Sec 5(2) p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	TIC
11	DAC- 932322-2018 (11th Charge)	Possession of not less than 6.87 grams of MDMA, a Class A Controlled Drug, for the purpose of trafficking under Sec 5(1)(a) r/w Sec 5(2) p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	Proceed
12	DAC- 932323-2018 (12th Charge)	Possession of not less than 18 tablets which was analysed and found to contain nimetazepam, a Class C Controlled Drug, for the purpose of trafficking under Sec 5(1)(a) r/w Sec 5(2) p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	TIC
13	DAC- 932324-2018 (13th Charge)	Possession of not less than 0.74 gram of methamphetamine, under Sec 8(a) p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	Proceed
14	DAC- 932325-2018 (14th Charge)	Possession of not less than 1.53 grams of vegetable matter which was analysed and found to contain cannabis mixture, under Sec 8(a) p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	TIC
15	DAC- 932326-2018 (15th Charge)	Possession of utensils for drugs taking, under Sec 9 p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	TIC
16	DAC- 932327-2018 (16th Charge)	Consumption of methamphetamine, a specified drug, under Sec 8(b)(ii) p/u Sec 33(1) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	TIC
17	DAC- 920224-2019 (17th Charge)	Driving a vehicle without reasonable consideration for other persons using the road under Sec 65(b) Road Traffic Act (Cap 276, Rev Ed 2004) (“RTA”)	TIC
18	DAC- 920225-2019 (18th Charge)	Driving without valid Licence under Sec 35(1) Road Traffic Act (Cap 276, Rev Ed 2004) (“RTA”)	TIC
19	DAC- 920226-2019 (19th Charge)	Driving without insurance coverage under Sec 3(1) Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, Rev Ed 2000) (“MVTPA”)	TIC
20	DAC- 920227-2019 (20th Charge)	R 8(1)(a) Road Traffic (Motor Vehicles, Wearing of Seat Belts) Rules 2011 (Cap. 276, S 688/2011) p/u R 10 Road Traffic (Motor Vehicles, Wearing of Seat Belts) Rules 2011 (S 688/2011)	TIC
21	DAC- 926433-2019 (21s Charge)	Driving without valid Licence under Sec 35(1) Road Traffic Act (Cap 276, Rev Ed 2004) (“RTA”)	TIC
22	DAC- 926434-2019 (22nd Charge)	Driving without insurance coverage under Sec 3(1) Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, Rev Ed 2000) (“MVTPA”)	TIC
23	DAC- 926435-2019 (23rd Charge)	Taking away vehicle without owner’s consent under Sec 96(1) Road Traffic Act (Cap 276, Rev Ed 2004) (“RTA”)	TIC
24	DAC- 927679-2019 (24th Charge)	Consumption of methamphetamine, a specified drug, under Sec 8(b)(ii) p/u Sec 33(4AA) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	TIC
25	DAC- 927738-2019 (25th Charge)	Cheating by Personation, under Section 419 of the Penal Code, Chapter 224	TIC
26	DAC- 931989-2019 (26th Charge)	Consumption of methamphetamine, a specified drug, under Sec 8(b)(ii) p/u Sec 33(4AA) Misuse of Drugs Act (Cap 185, Rev Ed 2008) (“MDA”)	Proceed

At the plead guilty mention before me, the accused was represented by defence counsel Mr Dhillon Surinder Singh.

The accused was sentenced as follows:

S/N	Charge No.	Offence	Sentence	Remarks
1	DAC 931989-2019 (26th Charge)	Consumption of methamphetamine, a specified drug, under Sec 8(b)(ii) p/u Sec 33(4AA) MDA	3 years' imprisonment.	Concurrent
2	DAC 924951-2018 (1st Charge)	Possession of not less than 7.47 grams of diamorphine, a Class A Controlled Drug, for the purpose of trafficking, under Sec 5(1)(a) r/w Sec 5(2) p/u Sec 33(1) MDA	8 years' imprisonment and 8 strokes of the cane.	Consecutive
3	DAC 931885-2018 (2nd Charge)	Dangerous Driving under Sec 64(1) RTA,	Fine of $3,000, in default two 2 weeks' imprisonment. Disqualified from holding or obtaining all classes of driving licences for a period of 12 months with effect from date of release
4	DAC 931887-2018 (4th Charge)	Failing to Render Assistance under Sec 84(3) RTA	Fine of $1,000, in default one 1 week's imprisonment. Disqualified from holding or obtaining all classes of driving licences for a period of 12 months with effect from date of release.
5	DAC 931888-2018 (5th Charge)	Driving without valid Licence under Sec 35(1) RTA	Fine of $600, in default three 3 days' imprisonment. Disqualified from holding or obtaining all classes of driving licences for a period of 12 months with effect from date of release
6	DAC 931889-2018 (6th Charge)	Driving without insurance coverage under Sec 3(1) MVTPA	Fine of $600, in default three 3 days' imprisonment. Disqualified from holding or obtaining all classes of driving licences for a period of 12 months with effect from 10 December-2019.
7	DAC 932322-2018 (11th Charge)	Possession of not less than 6.87 grams of MDMA, a Class A Controlled Drug, for the purpose of trafficking under Sec 5(1)(a) r/w Sec 5(2) p/u Sec 33(1) MDA	5 years' imprisonment and 5 strokes of the cane.	Concurrent
8	DAC 932324-2018 (13th Charge)	Possession of not less than 0.74 gram of methamphetamine, under Sec 8(a) p/u Sec 33(1) MDA	1 year's imprisonment.	Consecutive

The global sentence was 9 years' imprisonment (backdated to 1 October 2019), 13 strokes of the cane and fine of $5,200, in default 3 weeks' 6 days' imprisonment. He was also ordered to be disqualified from holding or obtaining all classes of driving licences for a period of 12 months with effect from the date of release.

No appeal against sentence was filed by the accused within the statutory period (by 24 December 2019).

Criminal Motion for extension of time to file Notice of Appeal

On 28 April 2021, the accused filed a criminal motion in HC/CM 46/2021 for an extension of time to file a notice of appeal against sentence within 14 days of the order being made. In his affidavit in support of the criminal motion, the accused sought to backdate his sentence to an earlier period of remand before he was granted bail which was revoked on 1 October 2019.

On 13 July 2021, the High Court allowed the accused’s criminal motion and the accused filed his Notice of Appeal against sentence and the disqualification orders on 14 July 2021.

The sole ground for accused’s criminal motion to file an appeal out of time was to seek a further backdating of his sentence and he did not state in his affidavit in support of the criminal motion that the sentences and orders were manifestly excessive. Nonetheless, for completeness I set out the reasons for my sentence.

Statement of Facts

The accused admitted to the following facts without qualification.

On 20 March 2018, at about 5.25 am, Central Narcotics Bureau (“CNB”) officers were informed that the accused would be collecting a drug consignment from one Gunaselan Tamilsilvam (“Guna”) at the vicinity of Jalan Haji Alias and Coronation Road West, Singapore. CNB officers were thus deployed at Jalan Haji Alias. At about 7.55 am, the accused was spotted riding a motorcycle (bearing registration number FBD3480C) along Jalan Haji Alias towards Coronation Road West. Guna was also spotted riding a motorcycle (bearing...