Public Prosecutor v Govin s/o Narayan Morthy

• Jurisdiction: Singapore
• Judge: Chay Yuen Fatt
• Judgment Date: 31 May 2022
• Neutral Citation: [2022] SGDC 123
• Court: District Court (Singapore)
• Docket Number: DAC-941080-2018 & Ors, Magistrate’s Appeal No. 9074-2022-01
• Published date: 11 June 2022
• Year: 2022
• Hearing Date: 21 April 2022
• Plaintiff Counsel: DPP Jane Lim
• Defendant Counsel: Muhammed Riyach Bin Hussain Omar(H C Law Practice)
• Subject Matter: Criminal Procedure and Sentencing,Sentencing,Disqualification
• Citation: [2022] SGDC 123

District Judge Chay Yuen Fatt: Introduction

The accused, a 33-year-old male Singaporean, pleaded guilty to seven charges (“proceeded charges”). He was represented by counsel when he pleaded guilty. The most serious of the proceeded charges is for an offence under s 144 of the Penal Code for unlawful assembly with dangerous weapon (“s 144 offence”) which additionally carried a liability of enhanced punishment under the Prisons Act. The remaining proceeded charges included several road traffic-related charges. He further admitted and consented to 17 other charges to be taken into consideration (“TIC”) for the purpose of his sentence.

He was sentenced in total to 15 months and two 2 weeks' imprisonment and an enhanced sentence of 49 days' imprisonment. He was also fined $3,000 in default two 2 weeks' imprisonment. Finally, he was disqualified from holding or obtaining all classes of driving licences for a period of 48 months with effect from the date of his release from prison (“DQ” or “DQ order”).

The accused filed an appeal only against the DQ order.¹ He is presently serving his imprisonment sentence which was backdated to 18 May 2021 which is not the subject-matter of this appeal.

Charges

The seven proceeded charges are as follows: One charge of unlawful assembly with dangerous weapon under s 144 of the Penal Code (Cap 224)(“PC”) and read with s 50T(1)(a) of the Prisons Act (Cap 247); Two charges of drink driving under s 67(1)(b) read with s 67(2) of the Road Traffic Act (Cap 276)(“RTA”); One charge of careless driving under s 65(1)(a) and punishable under s 65(5)(a) RTA which involved a hit-and-run incident; One charge of voluntarily causing hurt under s 323 of the PC; One charge of criminal breach of trust under s 406 of the PC; and One charge of criminal intimidation under s 506 of the PC.

He further admitted to 17 other TIC charges which included multiple road traffic-related offences under the RTA. These included another charge of drink driving² and one for disorderly driving³ involving another instance of hit-and-run.

Sentence Imposed

The accused was sentenced as follows in respect of the proceeded charges:

Charge No.	Section Convicted Under	Sentence
DAC-941080-2018	Section 144 Penal Code (Cap 224, Rev Ed 2008) r/w Section 50T(1)(a) Prisons Act (Cap 247)	Thirteen (13) months' imprisonment and enhanced sentence of forty-nine (49) days' imprisonment.
DAC-915647-2019	Section 67(1)(b) Road Traffic Act (Cap 276) r/w Section 67(2) Road Traffic Act (Cap 276)	Fine of $1,500, in default one (1) week's imprisonment. Disqualified from holding or obtaining all classes of driving licences for fifteen (15) months with effect from date of release.
DAC-908598-2021	Section 323 Penal Code (Cap 224, Rev Ed 2008)	One (1) week's imprisonment.
DAC-908624-2021	Section 67(1)(b) Road Traffic Act (Cap 276) r/w Section 67(2)(a) Road Traffic Act (Cap 276)	Two (2) weeks' imprisonment. Disqualified from holding or obtaining all classes of driving licences for forty-eight (48) months with effect from date release.
DAC-912483-2021	Section 65(1)(a) Road Traffic Act (Cap 276) p/u Section 65(5)(a) Road Traffic Act (Cap 276)	Fine of $1,500, in default one (1) week's imprisonment. Disqualified from holding or obtaining all classes of driving licences for twelve (12) months with effect from date of release.
DAC-912676-2021	Section 406 Penal Code (Cap 224)	One (1) week's imprisonment.
MAC-908612-2021	Section 506 Penal Code (Cap 224)	Two (2) months' imprisonment.
Further Orders:	Sentences in DAC-908624-2021, DAC-941080-2018 and MAC-908612-2021 to run consecutively. Sentences in DAC-908598-2021 and DAC-912676-2021 to run concurrently.
Total Sentence:	Enhanced sentence of forty-nine (49) days' imprisonment and fifteen (15) months and two (2) weeks' imprisonment with effect from 18-May-2021 and fine of $3,000, in default two (2) weeks' imprisonment. Disqualified from holding or obtaining all classes of driving licences for a period of forty-eight (48) months with effect from date of release. Fine not paid: $3,000, in default two (2) weeks' imprisonment.
Remarks:	To take into account the remand period but to exclude the period that the accused was serving sentence from 7-26 March 2022 (Prison Memo dated 21 April 2022 refers).

The sentences pertaining to the DQ order are highlighted in the above table for easy reference.

The aggregate imprisonment sentence was ordered to take effect from the date when he was remanded in custody after his last arrest.

Statement of Facts

The accused admitted to the statement of facts (“SOF”) tendered by the prosecution. This was confirmed by his counsel. I propose to set out only the portions of the SOF that are relevant to the three offences which resulted in DQ orders being made. The relevant portions are as set out follows and all references to “Govin” means the accused:

FACTS RELATING TO THE 5th CHARGE (DAC-915647-2019)

20. On 17 May 2019, at about 5.12am, the police received a call with the text of message “THERE IS A SMALL LORRY ENGINE RUNNING WITHOUT ANY DRIVER”. The incident location given was the junction of Jurong West Avenue 4 by Jalan Bahar, Singapore. 21. Investigations revealed that between 11pm on 16 May 2019 to 3am on 17 May 2019, Govin was with his friends at a void deck somewhere in Jurong West and he had consumed about 5 to 6 cans of Anchor beer. Subsequently, Govin drove the motor vehicle bearing the registration number YM9184D (the “Vehicle”) along Jurong West Avenue 4 towards Jurong West Avenue 2, and he stopped the Vehicle on the 2nd lane from the right of a 5-lane road along Jurong West Avenue 4, near the junction of Jurong West Avenue 4 by Jalan Bahar. 22. On 17 May 2019, at about 5.46am, Staff Sergeant Muhammad Taufiq Bin Mohamed (“SSGT Taufiq”) was dispatched to attend to incident. SSGT Taufiq arrived at the incident location at 6.15pm and observed that the Vehicle was stopped on the 2nd lane from the right of a 5-lane road along Jurong West Avenue 4, near the junction of Jurong West Avenue 4 by Jalan Bahar. SSGT Taufiq also observed that the engine and the headlight of the Vehicle was on. 23. SSGT Taufiq approached the driver door of the Vehicle and observed that Govin was slumped forward and sleeping with his seat belt on. SSGT Taufiq woke Govin up and observed that Govin smelled strongly of alcohol, had blood shot eyes and slurred speech. SSGT Taufiq interviewed Govin and Govin admitted that he had drove the Vehicle. 24. SSGT Taufiq then conducted a breathalyser test on Govin and the result showed fail. Thereafter, Govin was arrested for drink driving and escorted to Traffic Police Divisional Headquarters (“TP HQ”) for a BAD test. 25. The BAD test was conducted by Tommi Chia on the 17 May 2019 at about 8.07am at TP HQ. The BAD test revealed that the proportion of alcohol in Govin’s breath was 48 micrograms of alcohol in 100 millilitres of breath which exceeded the prescribed limit is 35 micrograms of alcohol in 100 millilitres of breath. 26. By virtue of the foregoing, Govin, when driving the Vehicle on a road, did have so much alcohol in his body that the proportion of it in his breath exceeded the prescribed limit. Govin has thereby committed an offence punishable under s 67(1)(b) of the RTA. 27. Govin committed this offence while on police bail for earlier offences.

….

FACTS RELATING TO THE 10th CHARGE (DAC-908624-2021)

36. On 28 November 2020, at 2.13am, the police received a call with the text of message “OP12 APO officers informed dispute between 2 drivers”. The incident location given was Tuas Checkpoint, located at 501 Jalan Ahmad Ibrahim, Singapore. 37. Investigations revealed that, on 27 November 2020, at about 10pm, Govin was at Ayer Rajah food court with his 3 sisters and had drank about 1 or 2 cans of Anchor beer. On 28 November 2020, at about 1am, Govin bought some Anchor beer and Carlsberg beer at a nearby provision shop and sat in his motor lorry bearing the vehicle registration number YP3566J (“Motor Lorry”). Thereat, Govin consumed about 8 cans of beer. Govin’s 3 sisters then boarded the Motor Lorry and Govin drove them home. 38. On the way to their home, when he was travelling along Ayer Rajah Expressway towards Tuas, there was another vehicle which overtook Govin’s Motor Lorry. Angered by this, Govin followed the said vehicle all the way to Tuas Checkpoint. When the driver of the said vehicle stopped at Tuas Checkpoint, Govin approached the driver and asked why he shouted at him. Subsequently, the police were called in. 39. A police officer interviewed Govin and asked if he had consumed any alcohol. Govin admitted that he had consumed alcohol and drove. The police officer then conducted a breathalyser test on Govin and the result showed fail. Govin was then escorted to an office at Tuas Checkpoint to conduct the BAD test. 40. The BAD test revealed that the proportion of alcohol in Govin’s breath was 144 micrograms of alcohol in 100 millilitres of breath which exceeded the prescribed limit of 35 micrograms of alcohol in 100 millilitres of breath. 41. By virtue of the foregoing, Govin, when driving the Motor Lorry on a road, did have so much alcohol in his body that the proportion of it in his breath exceeded the prescribed limit. Govin has thereby committed an offence punishable under s 67(1)(b) of the RTA. 42. Govin committed this offence while on court bail for earlier offences.

FACTS RELATING TO THE 14th CHARGE (DAC-912483-2021)

43. At the material time Govin was the driver of motor vehicle bearing registration number YN5604E (the “Motor Vehicle”). 44. The victim is Lee Chee Hua (“LCH”), 57-year-old male Singaporean. At the...