Public Prosecutor v Mohammed Walik Shafiq Bin Adzhar Sah

CourtMagistrates' Court (Singapore)
JudgeMark Tay Swee Keng
Judgment Date12 June 2002
Neutral Citation[2002] SGMC 10
Citation[2002] SGMC 10
Publication Date19 September 2003

Judgment

GROUNDS OF DECISION

The Charge

1. The accused pleaded guilty to the following charge:

MAC 3166/2002 ("Exhibit P1

")

"You, MOHAMMED WALIK SHAFIQ BIN ADZHAR SAH M/17 years (S8505726 Z)

are charged that you on 20th April 2002 at about 4:20 am, at Blk 57 Marine Terrace, Singapore, did have in your possession of one light pink coloured mountain bike, which might be fraudulently obtained, and for which you failed to account satisfactorily as to how you came into possession by the same and you have thereby committed an offence punishable under section 35(1) of the Miscellaneous Offences (Public Order and Nuisance) Act, Chapter 184."

2. The statement of facts (Exhibit A) was read to the Accused and he admitted that it was correct. The salient points are highlighted below:

    1. On 20th April 2002 at about 4;35am, the complainant/ arresting officer, SSSGT Yap Khiam Hoe, a police officer who was on patrol duty, arrested the accused at the 7th floor of Blk 13 Marine Terrace for the offence of fraudulent possession of a mountain bicycle.
    2. Investigation revealed that the complainant intended to conduct a spot check on the accused at about 4:20am when he spotted the latter sitting on the mountain bicycle near a clinic located at Blk 57 Marine Terrace. On seeing the police, the accused rode off on the mountain bicycle whereupon the police gave chase. During the pursuit, the accused fell from the bicycle but continue to flee on foot towards Blk 13 Marine Terrace. The accused was eventually arrested on the 7th floor landing of Blk 13 Marine Terrace.
    3. The accused claimed that a friend by the name of "Boy" lent him the mountain bicycle. However, he was unable to locate this "friend" nor was he able to furnish other details of this friend. He was suspected to have fraudulently obtained the mountain bicycle and was charged accordingly.

3. The accused admitted to the following antecedents reflected in "Exhibit B". On 30th November 1999, he was found guilty of 3 offences, namely armed robbery, (s397 of the Penal Code), putting a person in fear of injury in order to commit extortion (s385 of the Penal Code) and voluntarily causing hurt (s323 of the Penal Code). For these offences, he was committed to serve a period of 24 months in an Approved School regime of the Singapore Boys Home.

4. In mitigation, the accused pleaded for a light sentence. He informed that he had been released from the Singapore Boys Home and was waiting to be...

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