Public Prosecutor v Muhammad Yahya Budiman

• Jurisdiction: Singapore
• Judge: Salina Bte Ishak
• Judgment Date: 14 July 2022
• Neutral Citation: [2022] SGDC 154
• Citation: [2022] SGDC 154
• Hearing Date: 04 July 2022
• Published date: 21 July 2022
• Year: 2022
• Docket Number: LTA Notice No 2021-000245, Magistrate’s Appeal No 9128-2022-01
• Court: District Court (Singapore)
• Plaintiff Counsel: Elaine Ng Wei Qi (Land Transport Authority) and DSP Lim Hian Teck (Criminal Investigations Department)
• Defendant Counsel: The accused acting in person.

District Judge Salina Bte Ishak: Background

The accused, Mr Muhammad Yahya Budiman, a 25 years-old male Singapore citizen had pleaded guilty to the following 6 changes namely: Traffic Police – Notice No 201009993311-1 – a charge under s 65(1)(a) punishable under s 65(5)(a) of the Road Traffic Act (Cap 276, Rev Ed 2004)(“RTA”); Notice No 206168737411-1 – a charge under s 63(1) of the RTA; Land Transport Authority – LTA-2021-000245-1 – a charge under s 3(1) punishable under s 3(2) and s 3(3) Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, Rev Ed 2000)(“MVA”); LTA-2021-000245-2 and Notice No. 4200178334 – 2 charges under s 15 punishable under s 15(a) of the RTA; LTA Notice No. 4210122755-1 – a charge under s 10(1) punishable under s 10(3) of the RTA.

A remaining charge under s 27(2) punishable under s 27(3) of the RTA in LTA Notice No 4210122755-2 was taken into consideration for the purpose of sentencing.

After considering the accused’s plea in mitigation, I imposed the following sentences: Notice No 201009993311-1 - $500 in default 1 day's imprisonment; Notice No 206168737411-1 - $500 in default 1 day's imprisonment; LTA-2021-000245-1 - $600 in default 1 day's imprisonment and a disqualification from holding or obtaining all classes of driving licences for a period of twelve months with effect from 4 July 2022; LTA-2021-000245-2 and Notice No. 4200178334 - $500 in default 1 day's imprisonment per charge.

His total sentence for the 6 proceeded charges was a fine of $3,100 in default 6 days' imprisonment and a disqualification from holding or obtaining all classes of driving licences for a period of twelve months with effect from 4 July 2022. In addition, as the accused had three counts of show cause for his failure to attend court and cause was not shown, he was given a fine of $300 in default 3 days’ imprisonment. As he is presently in DRC, I ordered the default sentences of 9 days to take effect from 4 July 2022 if the fines were not paid in full.

The accused being dissatisfied with my decision had filed his Notice of Appeal against the disqualification order in LTA-2021-000245-1 on 6 July 2022. He began serving his default sentence on 4 July 2022 as the fines were not paid. The charge in LTA-2021-000245-1 is set out below:

Charge

are charged that you, on 21st October 2020 at about 6.40 pm along Blk 547 Segar Road Multi Storey Carpark Deck 3A, Singapore, did use a motorcycle no. FBB2327K, where there was not in force in relation to the user of the said motor vehicle such a policy of insurance in respect of Third-Party Risks as complies with the requirements of the Motor Vehicles (Third-Party Risks & Compensation) Act (Chapter 189, 2000 Rev Ed), in...