Public Prosecutor v Shaik Alaudeen s/o Hasan Bashar
Jurisdiction | Singapore |
Judge | Choo Han Teck J |
Judgment Date | 21 February 2013 |
Neutral Citation | [2013] SGHC 44 |
Date | 21 February 2013 |
Docket Number | Criminal Revision No 23 of 2012 |
Published date | 22 February 2013 |
Plaintiff Counsel | Adrian Loo and Marcus Foo (Attorney-General's Chambers) |
Hearing Date | 18 January 2013 |
Defendant Counsel | S K Kumar (S K Kumar Law Practice LLP) |
Court | High Court (Singapore) |
Subject Matter | Criminal Procedure and Sentencing |
This is a petition for criminal revision brought by the Public Prosecutor to amend a charge under which the respondent was convicted and to record a conviction for the amended charge. The respondent was convicted of the following charge in DAC 15898/2002 (the “Original Charge”) after pleading guilty on 10 May 2002:
The respondent was sentenced to 18 months’ imprisonment for the Original Charge and has served his sentence in full. The Public Prosecutor requested me to exercise my revisionary powers under s 268 read with s 256(b) of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) (“CPC”) to amend the Original Charge of consuming aYou
NAME: SHAIK ALAUDEEN S/O HASAN BASHAR ... are charged that you, on the 24
th day of March 2002, in Singapore, didconsume a controlled drug specified in Class ‘A’ of The First Schedule of The Misuse of Drugs Act, Chapter 185,to wit, Morphine , without authorisation under the said Act or the Regulations made thereunder and you have thereby committed an offence under Section 8(b) and punishable under Section 33 of the Misuse of Drugs Act, Chapter 185.[emphasis added]
...
The respondent is presently charged with six charges of consuming a specified drug under s 8(b)(ii) read with s 33A of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed). Section 33A states:
33A .—(1) Where a person who has not less than —...
The six pending charges are brought under s 33A(1) of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) on the basis that the respondent had one previous drug rehabilitation centre admission for the consumption of morphine and one conviction under the Original Charge for consumption of a specified drug,...
is convicted of an offence under section 8(b) for consumption of a specified drug or an offence of failure to provide a urine specimen under section 31(2), he shall on conviction be punished with —
- imprisonment for a term of not less than 5 years and not more than 7 years; and
- not less than 3 strokes and not more than 6 strokes of the cane.
The Deputy Public Prosecutor (“DPP”) submitted that the conviction under the Original Charge was erroneous as the court had no jurisdiction under s 8(b)(i)...
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Criminal Procedure, Evidence and Sentencing
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Criminal Procedure, Evidence and Sentencing
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