Sharfudin Bin Hamid v Public Prosecutor

• Jurisdiction: Singapore
• Court: District Court (Singapore)
• Judge: Tan Puay Boon
• Judgment Date: 26 January 2001
• Neutral Citation: [2001] SGDC 25
• Citation: [2001] SGDC 25
• Published date: 19 April 2005

Sharfudin Bin Hamid ...appellant

v

Public Prosecutor ...respondent

Citation:	MA No 6 of 2001/01; DAC No 39897 of 2000, DAC No 39898 of 2000
Jurisdiction:	Singapore
Date:	2001:01:26
	2001:01:08
Court:	Subordinate Courts
Coram:	Tan Puay Boon, District Judge
Counsel:	Ms Valathammai (APP) for the prosecution
	Mr Ismail Hamid (Ismail Hamid & Co) for the accused

JUDGMENT:

Grounds of Decision

THE APPEAL

1 The accused pleaded guilty to the following charge -

... you, on the 13^th of December 1999, at 111 Onan Road, Singapore, did cheat one Azaar Bin Sidek of Duo Media impact into believing that your boss from Azam Investment Pte Ltd had asked you to purchase two computer notebooks from him urgently, a fact which you knew to be false which deceived the said Azaar Bin Sidek to deliver to you two computer notebooks worth S$4430.00, which the said Azaar Bin Sidek would not have done had he not been so deceived, and you have thereby committed an offence punishable under Section 417 of the Penal Code, Chapter 224.

[Exh P1A]

2 He was convicted and sentenced to a term of imprisonment of 6 weeks. In passing sentence, the following charge which was admitted by the accused, was taken into consideration with his consent -

... you, on the 22^nd of December 1999, at Singapore, did forge a certain document, to wit, a company's letter head that bore the name of Azam Investment Pte Ltd by printing the said letter with the intention to delay the payment for the purchase of two computer notebooks and writing your name so as to appear that you were the associate director of Azam Investment, with the intention of causing Azaar Bin Sidek, the Managing Proprietor of Duo Media Impact, to believe so, and you have thereby committed an offence punishable under Section 465 of the Penal Code, Chapter 224.

[Exh P2A]

3 The accused has appealed against the sentence, and is on bail pending the appeal.

THE FACTS

4 The facts of the case, as set out in the Statement of Facts [Exh P3], are as follows -

...

4 Investigations revealed that sometime in December 1999, the accused was contracted to do some networking project at Azam Investment Pte Ltd located at Robinson Towers. He then contacted the complainant [Azaar Bin Sidek] who is the sole proprietor of Duo Media Impact to assist him in completing the project at the said place.

5 On 13.12.1999, the accused then called up the complainant and deceived him into believing that his boss from Azam Investment Pte Ltd wanted to purchase 2 notebooks valued at $4430/- from the complainant.

6 The complainant thought that the accused was in the employment of Azam Investment Pte Ltd and as such he delivered two computer notebooks to the accused. After which the accused issued two account closed cheques as payment.

7 Further investigation revealed...