Public Prosecutor v Ng Kwok Fai

• Jurisdiction: Singapore
• Judge: Wong Keen Onn
• Judgment Date: 24 September 2004
• Neutral Citation: [2004] SGDC 232
• Court: District Court (Singapore)
• Published date: 18 February 2005
• Year: 2004
• Plaintiff Counsel: ASP Kishore Rai and Insp Ting Nge Kong
• Defendant Counsel: Accused in person
• Citation: [2004] SGDC 232

24 September 2004

District Judge Wong Keen Onn

1 This is an appeal against sentence by the accused. The accused pleaded guilty before me to four charges, namely:-

(i) possession for the purpose of trafficking of 243 tables containing 33.51 grams of N,a-dimethyl-3-4(methylenedioxy) phenethylamine, a class A controlled drug under Section 5(1)(a) read with Section 5(2) of the Misuse of Drugs Act (MDA) (DAC 11352/2000, 1^st charge).

(ii) possession for the purpose of trafficking of 11 packets containing 8.38 grams of Ketamine, a class B controlled drug, under Section 5(1)(a) read with Section 5(2) of the MDA (DAC 15369/2000, 3^rd charge).

(iii) possession for the purpose of trafficking 812 tablets containing Nimetazepam, a class C controlled drug, under Section 5(1)(a) read with Section 5(2) of the MDA (DAC 15370/2000, 4^th charge).

(iv) failing to comply with a Further Reporting Order dated 25 September 2000 to report for Documentation and Fitness Examination at Central Manpower Base under Section 33 of the Enlistment Act (DAC 36919/2004, 8^th charge).

2 Upon his conviction on these four charges, the accused consented to 4 similar counts of trafficking in drugs under Section 5(1)(a) MDA to be taken into consideration for the purpose of sentencing. These charges involve three types of class A controlled drugs, namely, 10.11 grams of N-a-methy1-3-4(methylenedioxy) phenethylamine (69 ecstasy tablets), 0.52 gram of methamphetamine (48 “ice” tablets), 1.98 grams of a-methyl-3-4(methylenedioxy) phenethylamine (30 ecstasy tablets), and a Class B controlled drug, ketamine (48 tablets).

Facts

3. On 31 March 2000 at about 12.20 p.m. the accused was arrested by party of CNB officers from Ang Mo Kio Police Divisional Headquarters at the 3^rd level staircase landing at Blk 79, Lorong Limau on suspicion to have consumed a controlled drug. After the arrest, accused led the arresting officers to his residential unit at Blk 77, #02-49, Lorong Limau. There, the CNB officers recovered from the accused’s bedroom a blue-colour make-up box containing the following controlled drugs:-

(a) two hundred and forty-three (243) tablets weighing 84.43 grams which contained 33.51 grams of N,a-dimethtyl-3,4 (methylenedioxy) phenethylamine, a Class A Controlled Drug. (see DSS Certificate Lab Nos. N1-2000-00801-002)

(b) eleven (11) packets containing 8.38 grams of ketamine, a Class B Controlled Drug. (see DSS Certificate Lab Nos. N1-2000-00801-003).

(c) eight hundred and twelve (812) tablets containing Nimetazepam, a Class C Controlled Drug. (see DSS Certificate Lab Nos. N1-2000-0081-004).

4 Investigations revealed that the all these controlled drugs found in the accused’s possession were meant for sale. He would sell each tablet of ecstasy for the price of $13.50/- to $20/- and each packet of Ketamine at between $20/- to $30/-. For the “Ermin 5” tablets, accused would sell them between $75/- to $80/- each. In the accused’s long statement, he also admitted that the drugs found were meant for sale. Accused therefore had in his possession all these controlled drugs for the purpose of trafficking without any authorization.

5 In respect of the charge DAC 36919/2004, the accused was born on 6 July 1978 and is a Singapore Citizen by birth. He had registered for National Service on 6 June 1997, and was therefore subject to the Enlistment Act (Cap 93). Under the provision of Section 9 of the Enlistment Act, a further Reporting Order dated 25 September 2000, was posted to the Accused’s registered address at 77 Lorong Limau #02-49, Singapore, requiring him to report on 5 October 2000 at 0800 hrs at Central Manpower Base for Documentation and Fitness Examination. However, the Accused failed to report as required. The accused had therefore on 5 October 2000 failed to comply with the further Reporting Order for a period of 3 years, 9 months and 10 days. On 15 July 2004, the Accused surrendered himself at Central Narcotics Bureau (CNB) Headquarters.

Antecedents

6. The antecedent record of the accused (Exhibit D) revealed that he had been dealt with in Court on two previous occasions:

S/N	Date	Offence	Sentence
1.	28.6.1995	rioting, S 147 PC	Initially placed on 18 months probation (commission of further offence during the probation period under S 9(1) Cap 252) – sentence to 18 months’ imprisonment and 3 strokes. On appeal, sentence was substituted with reformative training by the High Court in 30.1.1996
2.	13.10.1995	Unlawful Assembly	Reformative training under S 143 PC

Mitigation

7. The accused is presently 26 years old and said that he subsequently surrendered to the police as he was remorseful and wanted to turn over a new leaf.

Address on sentence

8. The prosecuting officer informed the Court that the accused had absconded whilst on bail when he failed to turn up in Court on 3 May 2000.

Sentence Imposed

9. In assessing sentence, I took into account his plea of guilt and that he had surrendered to the CNB after having absconded for nearly four years. These were mitigating factors in favour of the accused. However, the accused was caught red-handed with the large quantity of controlled drugs in his apartment. There was no evidence...