PP v WV (a minor)

CourtJuvenile Court (Singapore)
JudgeCarrie Chan Su-Lin
Judgment Date21 January 2008
Neutral Citation[2008] SGJC 3
Citation[2008] SGJC 3
Publication Date02 May 2008
Plaintiff CounselINSP Ting Nge Kong
Defendant CounselAmeerjeet Singh / N. Srinivasan (Hoh Law Corporation)

21 January 2008

Magistrate Carrie Chan Su-Lin

Summary

1. On 21 November 2007, WV, a male juvenile aged 15 years and 10 months (the “Juvenile”), pleaded guilty to a charge of trafficking a Class “C” controlled drug (nimetazepam). After admitting to the facts in support of the charge, the Juvenile was found guilty and the matter was adjourned to 18 December 2007 for the Probation Report to be prepared.

2. On 18 December 2007, the Juvenile was present in court with his parents. The Court, in consultation with the Panel of Advisers considered the Probation Report and the suitability of the Juvenile for probation. In addition, the mitigation plea submitted by counsel was carefully considered. Pursuant to section 44(1)(i) of the Children and Young Persons Act (Cap. 38)(“CYPA”), it was ordered that the Juvenile be admitted to the Singapore Boys’ Home (“SBH”), an Approved School for 24 months. In addition, the Juvenile’s parents were ordered under section 44(1)(d) CYPA to execute a bond of $2000.00 to exercise proper care and guardianship and to abide by the order made in relation to the Juvenile’s welfare, maintenance and rehabilitation.

3. The Juvenile or the parent is appealing against the Order. I shall now set out the reasons for my decision.

The Charge

Charge – Exhibit “P1”

You, WV, M/15 yrs, DOB: 24.01.1992, are charged that you, on 14th day of August 2007, at about 11.00pm, at the back lane next to Lorong 23 Geylang, together with one B2, and in furtherance of the common intention of you both, did traffic in a controlled drug specified in Class “C” of the First Schedule to the Misuse of Drugs Act, Cap. 185, as well as a specified drug listed in the Fourth Schedule to the Misuse of Drugs Act, Cap.185, to wit, by selling ten tablets each marked “028” on one side and “5” on the other side containing nimetazepam to Corporal Hui Wai Mun, an officer of the Central Narcotics Bureau for $80/- at the aforesaid place without any authorization under the said Act or the Regulations made thereunder and you have therefore committed an offence under Section 5(1)(a) of the Misuse of Drugs Act, Cap. 185 read with section 34 of the Penal Code Cap. 224, and punishable under Section 33 of the Misuse of Drugs Act, Cap. 185.

The Facts

4. The Juvenile admitted to the Statement of Facts (exhibit “A”) adduced in support of the charge without qualification. The facts are as follows:

(a) On 14 August 2007 at about 11.05 pm, a party of Central Narcotics Bureau (“CNB”) officers arrested the Juvenile together with B2 and B3 at the backlane of Geylang Lorong 23 for selling 10 nimetazepam tablets to an undercover CNB officer (“CNB officer”).

(b) On 14 August 2007 at about 6.10 pm, an undercover CNB officer contacted B2 to buy one strip of Erimin 5 tablets. B2 quoted a price of $80.00 and they agreed to meet at Aljunied MRT station that same evening. The Juvenile was with B2 when he received this call from the undercover CNB officer.

(c) In furtherance of the common intention to traffic in the controlled drug, that same night at about 10.45 pm, the Juvenile together with B2 arrived at the vicinity of Aljunied MRT where they met the undercover CNB officer. The CNB officer handed over $80.00 (in marked notes) to B2. After collecting the money, B2 gave the $80.00 to the Juvenile and instructed him to meet B3 at a coffee shop in Geylang Lorong 23. B2 instructed the Juvenile to give B3 $70.00 and in return to collect the drug from B3 and thereafter wait for his call. The Juvenile met B3 and handed over $70.00 to B3 who handed over the drug to him.

(d) A short while later, B2 called the Juvenile to warn him to be careful as there were enforcement officers in the vicinity. On hearing this, the Juvenile informed B2 that he would place the drug at the “yellow box” used for storing gas cylinders located at the back alley of the “Bee Cheng Hiang” barbequed pork shop which is located along Geylang Lorong 23.

(e) Later, B2 led the CNB officer to the back alley where the “yellow box” was located. The Juvenile was standing in the vicinity and on seeing B2 and the CNB officer searching for the drug, the Juvenile pointed out the location where the drug was placed. The CNB officer retrieved the drug and left the place. The Juvenile gave the remaining $10/- marked noted to B2 and both of them walked to the coffee shop to join B3 where they were subsequently arrested. A search was conducted on the 3 accused persons and the officers recovered the $10/- marked noted from B2 and the remaining $70/- marked note from B3.

(f) The Juvenile admitted that he had sold the drug to the CNB officer for the price of $80/- and in doing so he was not authorized to traffic in a controlled drug under the Misuse of Drugs Act.

Antecedants

5. No antecedants.

The Mitigation Plea

6. The following factors were highlighted in the written mitigation plea submitted by counsel:

(a) He comes from a closely knit family who are willing to take responsibility as this has been a wake up call for them.

(b) He is an average student in school and has a cheerful and friendly disposition. He had no major trouble in school.

(c) The accused in a moment of foolishness got involved in this episode and admits to the charge. He has no past criminal antecedants.

(d) The accused did not seriously reflect about the legal and social consequences of his actions. He is sincerely remorseful. His family have seriously censured him and he resolves not to ever be led astray. As a result of this...

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