Public Prosecutor v Noor Awwalludeen Bin Jamil

• Jurisdiction: Singapore
• Judge: Ong Hian Sun
• Judgment Date: 13 September 2021
• Neutral Citation: [2021] SGDC 200
• Court: District Court (Singapore)
• Docket Number: District Arrest Case No 925805 of 2019 and 9 Others, Magistrate’s Appeals No 9180-2021-01 and 9180-2021-02
• Published date: 21 September 2021
• Year: 2021
• Hearing Date: 07 September 2020,19 July 2021,06 August 2021
• Plaintiff Counsel: Norine Tan (Attorney-General's Chambers)
• Defendant Counsel: Victor David Lau Dek Kai (Drew & Napier LLC)
• Subject Matter: Criminal Law,Statutory Offences,Misuse of Drugs Act,Offence,Voluntarily causing grievous hurt,Criminal Procedure and Sentencing,Sentencing,Young offenders
• Citation: [2021] SGDC 200

Senior District Judge Ong Hian Sun: Introduction

The accused, Noor Awwalludeen Bin Jamil (Male/20) (“the Accused”), is a youthful offender who had committed a number of serious offences. The key issue here was whether the Accused ought to be sentenced to either reformative training or the appropriate legislatively prescribed sentencing options for his offences.

On 7 September 2020, the Accused pleaded guilty to the following four charges (“the First Set of Offences”): - One charge for trafficking in one packet containing not less than 0.59g of crystalline substance which was analysed and found to contain not less than 0.39g of methamphetamine under s 5(1) of the Misuse of Drugs Act (Cap 184, 2008 Rev Ed) (“MDA”) punishable under s 33(1) MDA (“the Trafficking Charge”); One charge for the consumption of methamphetamine under s 8(b)(ii) MDA punishable under s 33(4AA) MDA (“the Enhanced Consumption Charge”); One charge for failing to present himself for a urine test under Regulation 15(3)(f) of the Misuse of Drugs (Approved Institutions, Medical Observation and Treatment and Rehabilitation) Regulations (“MDR”) punishable under Regulation 15(6)(a) MDR (“the FPUT Charge”); and One charge for furnishing false information relating to his identity to a police officer under s 177 of the Penal Code (Cap 224, 2008 Rev Ed) (“PC”) (“the False Information Charge”).

The Accused admitted to and consented for five other charges to be taken into consideration for the purposes of sentencing (“the TIC charges”): - One charge for the possession of utensils intended for the consumption of a controlled drug under s 9 MDA; Two similar charges under Regulation 15(3)(f) MDR relating to the accused’s failure to present himself for urine tests on two other occasions; One charge for voluntarily causing hurt under s 323 PC; and One charge for the fraudulent possession of one T-shirt under s 35(1) of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184, Rev Ed 1997).

After convicting the Accused in respect of the First Set of Offences, I called for the usual pre-sentencing reports to assess the Accused’s suitability for probation and reformative training.

However, whilst in remand pending the preparation of the said reports, the Accused, together with his cellmate, assaulted another inmate (“the Victim”) on 17 September 2020. One further charge for voluntarily causing grievous hurt under s 325 PC read with s 34 PC (“the VCGH Charge”) was therefore brought against the Accused. On 19 July 2021, the Accused pleaded guilty to and was accordingly convicted of the VCGH Charge.

I agreed with the submission by the Prosecution that, by this point, rehabilitation had been displaced as the dominant sentencing consideration. Therefore, I declined to call for further pre-sentencing reports arising from the VCGH charge and invited the parties to submit on the appropriate legislatively prescribed sentences for the Accused’s offences.

After considering the parties’ submissions, the Reformative Training Suitability Report for the First Set of Offences (“RT Report”) as well as the Accused’s antecedent history, I imposed the following sentences: - For the Drug Trafficking Charge – Five years’ imprisonment and five strokes of the cane; For the Enhanced Consumption Charge – Three years’ imprisonment; For the FPUT Charge – Five months’ imprisonment; For the False Information Charge – One week’s imprisonment; and For the VCGH Charge – Four years’ and six months’ imprisonment and six strokes of the cane.

The sentences for the Drug Trafficking Charge and the VCGH Charge were ordered to run consecutively for a global sentence of nine years’ and six months’ imprisonment and 11 strokes of the cane. The commencement of the sentences was backdated to the date of the Accused’s remand on 11 September 2019.

Dissatisfied, the Accused filed an appeal against the sentence. The Prosecution too filed an appeal but only against the sentence imposed for the VCGH Charge.

I now set out the reasons for my decision.

Facts Facts for the First Set of Offences

I begin with the facts for the First Set of Offences: - 1. The accused is Noor Awwalludeen Bin Jamil (NRIC No. xxxxxxxxx), a 19-year old male Singaporean (born on 27 October 2000). FACTS PERTAINING TO PROVIDING FALSE INFORMATION TO A PUBLIC SERVANT: MAC-903139-2020 2. On 10 June 2019, at about 10.43am, a complainant called the police and stating as follows: "A girl is being beaten up by a man. Both Malay. Behind the block at the carpark." The location given was at Block 1 Redhill Close, Singapore 151001. 3. Investigations revealed that on 10 June 2019 at about 10am, the accused went to SPC Jalan Bukit Merah gas station together with his girlfriend, Nur Farah Irdiyanah, a 19- year old Singaporean, whom he has been engaged to for at least two years. They were at the gas station to collect the victim’s salary from her former employer. 4. They got into a dispute over monetary issues. During the argument, the accused elbowed the victim once on her forehead. The altercation was witnessed by the complainant who called for police. 5. When the police arrived at scene, both subjects fled on foot in different directions. The police officers gave chase and managed to locate the accused at the 13th floor of Block 119 Bukit Merah. He was topless at that point of time. Subsequently, the accused was spotted again on the 11th floor, with a shirt on. The accused admitted to taking the t-shirt from the 10th floor. 6. When the accused was questioned about his identity when he was arrested, he gave false particulars belonging to Dzulhairie Bin Ridzwan (NRIC No.: xxxxxxxxx) to Sergeant Howardy Dhaja Putra of the Singapore Police Force. He did so as he thought that he was wanted by the police. The accused was not compliant in the course of the arrest, requiring necessary force to be used in order to effect arrest. His particulars were ascertained at the Central Division Regional lock-up where he was brought after the arrest. 7. Despite being legally bound to furnish his particulars to Sergeant Howardy Dhaja Putra, who was a public servant, the accused furnished false particulars – knowing that they were false. The information he was legally bound to furnish was in respect of a commission of offences by him. He has thereby committed an offence under s 177 of the Penal Code (Cap 224, 2008 Rev Ed). FACTS PERTAINING TO TRAFFICKING IN A CONTROLLED DRUG (DAC- 925805-2019) 8. On 9 September 2019 at about 11.47am, the accused was arrested by officers from the Central Narcotics Bureau at the main entrance of IMM Building located at No. 2 Jurong East Street 21, Singapore 609601 as he was suspected to have committed various drug offences. The following exhibits were seized from the accused and from a sling bag belonging to the accused that his girlfriend was holding:

S/N	Marking	Description
1	NAB-1	1 red plastic packet
2	NAB-1A	1 packet of crystalline substance
3	NAB-M	2 pieces of $50 dollars marked notes: 4KU426663 and 5HU097362
4	NAB-C	1 black box
5	NAB-C1	1 glass tube
6	NAB-C2	1 black pouch
7	NAB-C2A	1 pink improvised bottle
8	NAB-D1	1 pouch
9	NAB-D1A	1 rubber tube, 1 glass tube, 1 improvised bottle and 1 black lighter
10	NAB-D2	1 purple pouch
11	NAB-D2A	1 pink improvised bottle, 3 rubber tube and 1 blue cut straw
12	NAB-D3	1 box, 4 packets containing numerous empty packets
13	NAB-D4	1 digital weighing scale
14	NAB-5	2 plastic spoons
15	NAB-6	1 purple box and 1 digital weighing scale

9. The accused was brought to Jurong Police Divisional Headquarters for further investigation. 10. A week prior to the arrest, on 2 September 2019, at about 12.25pm, the accused had sold a packet of methamphetamine (later marked as “Boss-1”) to an undercover officer of the CNB, Sgt (2) Look Yi Jun, for $80. The transaction took place at the main entrance of the IMM building. 11. The undercover officer messaged the accused at his mobile number (xxxxxxxx) and placed an order for a packet of 0.5g of “Ice” for $80. The officer had gotten the accused’s contact through a person operating under the name of “Whatsuppzz”, who advertised on Telegram that he was selling “ice”. The officer arranged with the accused to meet up at the IMM building on 2 September 2019 at about 11.30am, and transacted with him at 12.25pm. 12. The exhibit “Boss-1” was sealed in a tamper proof bag and was sent to the Health Sciences Authority (“the HSA”) for analysis on 3 September 2019. On 11 September 2019, Chia Xue Wei Sarah, an analyst with the Illicit Drugs & Toxicology Division of the HSA issued a certificate under s 16 of the Misuse of Drugs Act (Cap 185) (“the MDA”), bearing Lab No. ID-1932-01920-001. The certificate stated that the exhibit “Boss-1” was found to be a packet containing not less than 0.59g of crystalline substance, which was analysed and found to contain not less than 0.39g of methamphetamine. 13. Methamphetamine is Class A controlled drug listed in the First Schedule to the MDA. The accused is not authorised to traffic in a controlled drug under the MDA or the regulations made thereunder and he has thereby committed an offence under s 5(1)(a) punishable under s 33(1) of the MDA. FACTS PERTAINING TO CONSUMPTION OF A SPECIFIED DRUG (DAC-927856- 2019) 14. After his arrest on 9 September 2019, the accused provided two bottles of his urine sample which were marked as “C-SJ-19-93206-1 NOOR AWWALLUDEEN BIN JAMIL XXXXXXXXX” and “C-SJ-19-93206-2 NOOR AWWALLUDEEN BIN JAMIL XXXXXXXXX”. These were sealed with the label “CENTRAL NARCOTICS BUREAU” in his presence. On 10 September 2019, the urine samples were sent to the HSA for...