Public Prosecutor v Goh Buck Koon

JurisdictionSingapore
JudgeCh'ng Lye Beng
Judgment Date28 September 2009
Neutral Citation[2009] SGDC 351
CourtDistrict Court (Singapore)
Year2009
Published date15 October 2009
Plaintiff CounselPO Lincoln Soong & PO Ngoo Chih Min
Defendant CounselAccused in person
Citation[2009] SGDC 351

28th September 2009

District Judge Ch’ng Lye Beng

The Charges

1. The Accused Goh Buck Koon, aged 52 years old, Singaporean was in person when he pleaded guilty before me to the following charges:

(1st charge – DAC 38377/2009)

You,
Goh Buck Koon
Male/52 years old
NRIC No. S1280158J
D.O.B: 17.10.1957

are charged that you, on or about the 14th day of July 2009, at about 3.45am, along Crawford Street, Singapore, was concerned in the delivery of uncustomed goods in a Singapore registered van no. GY 8845L, to wit, 500 cartons x 200 sticks of EXO Premium brand duty unpaid cigarettes weighing 100.00 kilogrammes, on which excise duty of $35,200.00 was unpaid, and you have thereby committed an offence under Section 128H of the Customs Act (Chapter 70), punishable under Section 128L(4) of the same Act.

(2nd charge – DAC 38378/2009)

You,
Goh Buck Koon
Male/52 years old
NRIC No. S1280158J
D.O.B: 17.10.1957

are charged that you, on or about the 14th day of July 2009, at about 3.45am, along Crawford Street, Singapore, was concerned in the delivery of uncustomed goods in a Singapore registered van no. GY 8845L, to wit, 500 cartons x 200 sticks of EXO Premium brand duty unpaid cigarettes weighing 100.00 kilogrammes, on which excise duty of $45,400.00 on which the Goods and Services Tax of $3,178.00 was unpaid, and you have thereby, by virtue of Section 26 and 77 of the Goods and Services Tax Act (Cap 117A), paragraph 3 of the Goods and Services Tax (Application of Legislation Relating to Customs and Excise Duties) Order (Cap 117A, Order 4) and paragraph 2 of the Goods and Services Tax (Application of Customs Act) (Provisions on Trials, Proceedings, Offences and Penalties) Order (Chapter 117A, Order 5, committed an offence under Section 128H of the Customs Act (Chapter 70), punishable under Section 128L(4) of the same Act.

2. The prescribed penalty for DAC 38377/2009 under Section 128L (4) of the Customs Act Chapter 70 is a minimum fine of $528,000.00 (15 x $35,200.00) up to a maximum fine of $704,000.00 (20 x $35,200.00) or to an imprisonment term not exceeding 3 years or both.

3. The prescribed punishment for DAC 38378/2009 is a minimum fine of $47,670.00 ($45,400.00 x 7% x 15) up to a maximum fine of $63,560.00 ($45,400.00 x 7% x 20) or to an imprisonment term not exceeding 3 years or to both.

4. Having found the Accused in person guilty and convicted him of both the charges, I sentenced the Accused in person as follows:

a) DAC 38377/2009 – 28 months imprisonment.

b) DAC 38378/2009 – 8 months imprisonment.

5. I further ordered the imprisonment...

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