Public Prosecutor v Justin Koh Yi Rong

JurisdictionSingapore
JudgeLorraine Ho
Judgment Date14 July 2021
Neutral Citation[2021] SGDC 131
CourtDistrict Court (Singapore)
Docket NumberLTA-2020-000046-1 & 32 Ors, Magistrate’s Complaint No. MCN-900141-2020 & 1 Or, Magistrate’s Appeals No. MA-9057-2021-01, Magistrate’s Appeals No. MA-9068-2021-01
Year2021
Published date22 July 2021
Hearing Date16 March 2021,03 March 2021
Plaintiff CounselLi Yi Hong (Attorney-General's Chambers) and Daniel Marini (Land Transport Authority)
Defendant CounselNirmal Singh s/o Fauja Singh (Crossborders LLC)
Subject MatterCriminal Procedure and Sentencing,Sentencing,Criminal Law,Offences,Giving false information to a public servant,Road Traffic,Exhibiting false licence plate on a vehicle,Using a foreign-registered vehicle without a valid vehicle entry permit or vehicle licence
Citation[2021] SGDC 131
District Judge Lorraine Ho: Introduction

The accused, a 25-year-old Singaporean male, faced a total of 33 charges for using a Malaysia registered vehicle no. PLU3284 (“the Malaysia Vehicle”) without a valid Vehicle Entry Permit or vehicle licence as well as exhibiting a forged Singapore licence plate no. “SJR7878A” on the Malaysia Vehicle when using it on multiple occasions between 1 December 2016 to 2 September 2017. He faced two additional charges of providing false information to a public servant, namely the investigation officers from the Traffic Police and Land Transport Authority (“LTA”) respectively, by claiming that he had rented the Malaysia vehicle with the forged licence plate on the online platform, Carousell, from a male subject since May or June 2016.

On 3 March 2021, the accused accepted the Prosecution’s offer and pleaded guilty before me to 14 proceeded charges with the remaining 21 charges being taken into consideration (“TIC”) for the purpose of sentencing. Thereafter the accused was sentenced as follows:

S/No. Charge No. Offence Sentence
1. MCN-900141-2020 1st Charge S 182 Penal Code (Cap 224) (“PC”) Three (3) weeks’ imprisonment
2. MCN-900142-2020 2nd Charge S 182 PC Three (3) weeks’ imprisonment
3. LTA-2020-000046-1 3rd Charge S 129(2)(d) Road Traffic Act (Cap 276) (“RTA”) p/u s 129(2)(iii) RTA Three (3) weeks’ imprisonment
4. LTA-2020-000046-10 12th Charge S 129(2)(d) RTA p/u S 129(2)(iii) RTA Three (3) weeks’ imprisonment
5. LTA-2020-000046-11 13th Charge S 15 RTA p/u s 15(a) RTA Fine $600 in default two (2) days’ imprisonment
6. LTA-2020-000046-12 14th Charge R 20H(1)(a) Road Traffic (International Circulation) Rules (“RT(IC)R”) p/u s 131(2)(a) RTA Fine $600 in default two (2) days’ imprisonment
7. LTA-2020-000046-2 4th Charge S 15 RTA p/u s 15(a) RTA Fine $600 in default two (2) days’ imprisonment
8. LTA-2020-000046-3 5th Charge R 20H(1)(a) RT(IC)R p/u s 131(2)(a) RTA Fine $600 in default two (2) days’ imprisonment
9. LTA-2020-000046-4 6th Charge S 129(2)(d) RTA p/u S 129(2)(iii) RTA Three (3) weeks’ imprisonment
10. LTA-2020-000046-5 7th Charge S 15 RTA p/u s 15(a) RTA Fine $600 in default two (2) days’ imprisonment
11. LTA-2020-000046-6 8th Charge R 20H(1)(a) RT(IC)R p/u s 131(2)(a) RTA Fine $600 in default two (2) days’ imprisonment
12. LTA-2020-000046-7 9th Charge S 129(2)(d) RTA p/u S 129(2)(iii) RTA Three (3) weeks’ imprisonment
13. LTA-2020-000046-8 10th Charge S 15 RTA p/u s 15(a) RTA Fine $600 in default two (2) days’ imprisonment
14. LTA-2020-000046-9 11th Charge R 20H(1)(a) RT(IC)R p/u s 131(2)(a) RTA Fine $600 in default two (2) days’ imprisonment
Sentences for MCN-900142-2020 (2nd Charge), LTA-2020-000046-10 (12th Charge) and LTA-2020-000046-7 (9th Charge) to run consecutively
Total Sentence Nine (9) weeks’ imprisonment and fine $4,800 in default 16 days’ imprisonment.

On 4 March 2021, the accused filed a Notice of Appeal because he was dissatisfied with the sentence imposed on him.

On 16 March 2021, I granted a stay of execution on the term of imprisonment pending the appeal with bail offered at $10,000. The accused has paid the fine in full.

Background facts The Charges

The 14 proceeded charges read as follows:

Charge No. Description of the Charge
MCN-900141-2020 1st Charge You are charged that you, on 17 October 2017 at about 1.55 p.m., at the Land Transport Authority located at 10 Sin Ming Drive, Singapore, did give false information to a public servant, namely, one Koh Bee Chee Veron, a public servant and an investigation officer with the Land Transport Authority, to wit, by providing her with the information that you had rented a motor car with licence plate SJR7878A from a male subject on Carousell, an online platform, since May/June 2016 and that you did not know that the said licence plate was false, which information you knew to be false and intending thereby to cause the said public servant to omit to investigate you for driving the Vehicle with a false licence plate which she ought to do if the true state of facts respecting such information is given were known to her, and you have thereby committed an offence punishable under Section 182 of the Penal Code (Cap 224, 2008 Rev Ed).
MCN-900142-2020 2nd Charge You are charged that you, on 9 September 2017 at about 8 p.m., at the Traffic Police Headquarters at 10 Ubi Avenue 3, Singapore, did give false information to a public servant, namely, one Senior Station Inspector, Tan Chin Yong, a public servant and an investigation officer with the Traffic Police, to wit, by providing him with the information that you had rented a motor car with licence plate SJR7878A from a male subject on Carousell, an online platform, since May/June 2016 and that you did not know that the said licence plate was false, which information you knew to be false and intending thereby to cause the said public servant to omit to investigate you for driving the Vehicle with a false licence plate which he ought to do if the true state of facts respecting such information is given were known to him, and you have thereby committed an offence punishable under Section 182 of the Penal Code (Cap 224, 2008 Rev Ed).
LTA-2020-000046-1 3rd Charge You are charged, that on 1 December 2016 at about 2.39 pm at Eu Tong Sen Street, did exhibit a forged identification mark "SJR7878A" on a plate at the front and rear of a Malaysia motor vehicle PLU3284, and you have thereby committed an offence under Section 129(2)(d) and punishable under Section 129(2)(iii) of the Road Traffic Act, Chapter 276.
LTA-2020-000046-10 12th Charge You are charged, that on 21 February 2017 at about 2.52pm along Havelock Road/CTE Exit, Singapore, did exhibit a forged identification mark "SJR7878A" on a plate at the front and rear of a Malaysia motor vehicle PLU3284, and you have thereby committed an offence under Section 129(2)(d) and punishable under Section 129(2)(iii) of the Road Traffic Act, Chapter 276.
LTA-2020-000046-11 13th Charge You are charged, that on 21 February 2017 at about 2.52pm along Havelock Road/CTE Exit, Singapore, did use a Malaysia motor vehicle PLU3284 for which the vehicle licence issued under Part 1 of the Road Traffic Act, Chapter 276 was not in force, and you have thereby committed an offence under Section 15 and punishable under Section 15(a) of the Road Traffic Act, Chapter 276.
LTA-2020-000046-12 14th Charge You are charged, that on 21 February 2017 at about 2.52pm along Havelock Road/CTE Exit, did use a visitor’s vehicle, bearing vehicle registration number PLU3284 in Singapore without a vehicle entry permit, and therefore you had committed an offence under Rule 20H(1)(a) of the Road Traffic Act (Chapter 276, Sections 25, 48 and 140), Road Traffic (International Circulation) Rules, punishable under Section 131(2)(a) of the Road Traffic Act (Chapter 276).
LTA-2020-000046-2 4th Charge You are charged that on 1 December 2016 at about 2.39 pm at Eu Tong Sen Street, Singapore, did a Malaysia motor vehicle PLU3284 for which the vehicle licence issued under Part 1 of the Road Traffic Act, Chapter 276 was not in force, and you have thereby committed an offence under Section 15 and punishable under Section 15(a) of the Road Traffic Act, Chapter 276.
LTA-2020-000046-3 5th Charge You are charged, that on 1 December 2016 at about 2.39 pm at Eu Tong Sen Street, did use a visitor’s vehicle, bearing vehicle registration number PLU3284 in Singapore without a vehicle entry permit, and therefore you had committed an offence under Rule 20H(1)(a) of the Road Traffic Act (Chapter 276, Sections 25, 48 and 140), Road Traffic (International Circulation) Rules, punishable under Section 131(2)(a) of the Road Traffic Act (Chapter 276).
LTA-2020-000046-4 6th Charge You are charged, that on 2 February 2017 at about 3.55am along CTE, did exhibit a forged identification mark "SJR7878A" on a plate at the front and rear of a Malaysia motor vehicle PLU3284, and you have thereby committed an offence under Section 129(2)(d) and punishable under Section 129(2)(iii) of the Road Traffic Act, Chapter 276
LTA-2020-000046-5 7th Charge You are charged, that on 2 February 2017 at about 3.55am along CTE, Singapore, did a Malaysia motor vehicle PLU3284 for which the vehicle licence issued under Part 1 of the Road Traffic Act, Chapter 276 was not in force, and you have thereby committed an offence under Section 15 and punishable under Section 15(a) of the Road Traffic Act, Chapter 276.
LTA-2020-000046-6 8th Charge You are charged, that on 2 February 2017 at about 3.55am along CTE, did use a visitor’s vehicle, bearing vehicle registration number PLU3284 in Singapore without a vehicle entry permit, and therefore you had committed an offence under Rule 20H(1)(a) of the Road Traffic Act (Chapter 276, Sections 25, 48 and 140), Road Traffic (International Circulation) Rules, punishable under Section 131(2)(a) of the Road Traffic Act (Chapter 276).
LTA-2020-000046-7 9th Charge You are charged, that on 15 February 2017 at about 1.53pm along Nicoll Highway, Singapore, did exhibit a forged identification mark "SJR7878A" on a plate at the front and rear of a Malaysia motor vehicle PLU3284, and you have thereby committed an offence under Section 129(2)(d) and punishable under Section 129(2)(iii) of the Road Traffic Act, Chapter 276.
LTA-2020-000046-8 10th Charge You are charged, that on 15 February 2017 at about 1.53pm along Nicoll Highway, Singapore, did use a
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