Public Prosecutor v Muhammad Ismail Bin Hamid

CourtDistrict Court (Singapore)
JudgeRoy Grenville Neighbour
Judgment Date04 July 2008
Neutral Citation[2008] SGDC 176
Citation[2008] SGDC 176
Publication Date08 July 2008
Plaintiff CounselMarian Lee, Assistant Public Prosecutor,Mustaffa Bin Abu Bakar, Mustaffa & Co, counsel

4 July 2008

District Judge Roy Grenville Neighbour:

1. The appellant pleaded guilty to the following charge, namely:-

DAC No 23264/2008 [Exhibit C1]

You,

Muhammad Ismail Bin Hamid, Male /19 years old

NRIC No: S 8831723H

DOB: 23.08.1988

are charged that you on 22nd day of September 2007, at about 8.15pm, at Cold Storage, located at Takashimaya Shopping Centre, Singapore, a place used for custody of property, together with Muhamed Rizal Bin Noor, Rizwan Bin Rumli and Mohamed Darul Hakim Bin Mohamed Ali, in furtherance of the common intention of you both, did commit theft of the following:

a. One 1st Choice mineral water value at $0.40

b. Three bottles of ‘Grey Goose’ Vodka value at $112.15 each

with a total value amounting to $336.85, in the possession of the duty manager, Enrico Purnama Bakti and you have thereby committed an offence punishable under Section 380 read with Section 34 Penal Code, Chapter 224.

2. At the conclusion of the hearing the appellant was convicted and sentenced to reformative training. Dissatisfied, the appellant has appealed against the sentence. The appellant is currently on bail pending appeal.

Facts

3. The facts to which the appellant pleaded guilty to are that on 22 September 2007 at about 8.51pm, Cold Storage’s Department Manager at Takashimaya Shopping Centre, one Anrico Purna Bhakti called the police and informed them that four male persons were behaving suspiciously in the supermarket. Consequently police officers from Orchard Neighbourhood Police Centre proceeded to the said supermarket. There the police officers detained the appellant and one Muhamed Rizal Bin Noor, aged 23 years.

4. Investigations revealed that on 22 September 2007 at about 8.15pm, at Takashimaya Cold Storage Supermarket, Sales Assistant Mohd Azizul Bin Mahedin saw the appellant together with Muhamed Rizal Bin Noor, Rizwan Bin Rumli and Mohamed Darul Hakim Bin Mohamed Ali loitering around the supermarket’s liquor section. At this juncture, Sales assistant Mohd Azizul saw the appellant uncapping a bottle of mineral water and consuming it. Whilst the appellant was browsing through some liquour bottles on the shelf, Rizwan Bin Rumli and Mohamed Darul Hakim Bin Mohamed Ali were seen crowding around the appellant while Muhamed Rizal Bin Noor stood at one corner of the supermarket and acted as a lookout.

5. Mohd Azizul then saw the appellant putting three bottles of vodka into his sling bag. At this juncture, Mohd Azizul went to the office to notify Department Manager Anrico Bhakti of what he had seen. Shortly, Mohd Azizul came out of the office. He saw the appellant outside the supermarket with an unknown male person. Mohd Azizul immediately detained the appellant.

6. When Mohd Azizul asked the appellant to hand over the sling bag to be searched, the appellant refused. The appellant then tried to flee from the scene but was detained by the police. Shortly thereafter, Muhamed Rizal Bin Noor was detained.

7. At the scene, the appellant was found to be in possession of 3 bottles of vodka each valued at $112.15. The empty mineral water bottle valued at $0.40 was found on a shelf in the supermarket. The total value of all the items amounted to $336.85. All the items were identified by duty Department Manager Anrico Bhakti to be property belonging to Cold Storage supermarket and...

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