Tay Poh Lim v Public Prosecutor

• Court: District Court (Singapore)
• Judge: Khoo Oon Soo
• Judgment Date: 16 January 2001
• Neutral Citation: [2001] SGDC 13
• Citation: [2001] SGDC 13
• Published date: 19 September 2003

JUDGMENT:

Grounds of Decision

1 The accused pleaded guilty before me to the following 6 charges:

DAC 28460/2000

You,

TAY POH LIM, Male 42 years

NRIC No: S1252605I

are charged that you on the 11^th day of July 2000, at or about 9.45 am, at the car park of Blk 678 Hougang Ave 8 at lot number 30, Singapore, did commit theft of the following items:-

1. one "Nokia" ear piece valued at about $15/-;
2. one cash card with stored valued of $13.45 cents;
3. one key with remote controller and
4. one compartment box containing cash of about $3/- (all $1/- coins)

from motor van bearing registration number GN 5639 T, worth a total value of about $31,45 cents, by taking it out of the possession of one Kwek Kim Choon, and you have thereby committed an offence punishable under Section 379 of the Penal Code, Chapter 224.

(vide Exhibit P1)

DAC 33453/2000

You,

TAY POH LIM, Male 42 years

NRIC No: S1252605I

are charged that you on or about the 9^th day of July, 2000 at or about 10.30 pm at car park of Blk 93 Geylang Bahru, lot no. 100, Singapore, committed theft of a Datsun motor pick-up bearing registration number GK 9223Z, valued at $500/- in the possession of one Tan Eng Seng, and you have thereby committed an offence punishable under Section 379A of the Penal Code, Chapter 224.

(vide Exhibit P2)

DAC 33454/2000

You,

TAY POH LIM, Male 42 years

NRIC No: S1252605I

are charged that you on or about the 11^th day of July, 2000 at or about 12.45 pm at Blk 677 Hougang Ave 8 void deck, Singapore, did have in your possession one "Samsung 600" handphone with ear piece and casing valued at about $250/-, for which you failed to account satisfactorily as to how you came by the same, and you have thereby committed an offence punishable under Section 35(1) of the Miscellaneous Offences (Public Order and Nuisance) Act, Chapter 184.

(vide Exhibit P3A)

DAC 24088/2000

You,

TAY POH LIM, Male 42 years

NRIC No: S1252605I

are charged that you, on the 20^th day of June 2000, at or about 7.15 pm, at the multi-storey car park along Market Street, Singapore, did commit theft of the following:-

1. One tyre pressure meter
2. One pair of "Eagles" binoculars
3. One black sling bag
4. One grey jacket
5. One pair of white jogging shoe
6. One pair of "Cyber" sunglasses
7. One "United Colours of Bentton" Camera
8. Some clothing
9. One cash card with value amounting to S$9.66
10. Some parking coupons valued at S$4.05

from vehicle SCZ 8675 C, belonging to one Ng Lai Hong Eleanor, and you have thereby committed an offence punishable under Section 379 of the Penal Code, Chapter 224.

(vide Exhibit P5A)

DAC 26120/2000

You,

TAY POH LIM, Male 42 years old

NRIC No: S1252605I

are charged that you, on the 20^th day of June 2000, at or about 7.30 pm, at the multi-storey car park along Market Street, Singapore, did attempt to commit theft from vehicle SCG 6965 D belonging to one Tay Tian Guan, and you have thereby committed an offence punishable under Section 379 read with Section 511 of the Penal Code, Chapter 224.

(vide Exhibit P6)

MAC 6795/2000

You,

TAY POH LIM, Male 42 years

NRIC No: S1252605I

are charged that you, before the 10^th day of July 2000, at about 12.30 pm, at the multi-storey car park of Blk 58 Geylang Bahru, Singapore, did commit mischief, to wit, by spraying paint on the doors of motor pick-up bearing registration number GK 9223Z, belonging to one Tan Eng Seng, and you have thereby committed an offence punishable under Section 426 of the Penal Code, Chapter 224.

(vide Exhibit P8)

2 Two other charges were taken into consideration fraudulent possession of property and loitering with intent to commit an offence.

3 He was sentenced to 7 years Preventive Detention and disqualified from all classes for 3 years from date of release in respect of charge P2. He is dissatisfied with the sentence and has lodged the present appeal.

4 In assessing sentence I considered the following factors:

1. sentencing framework;
2. circumstances of the case;
3. previous convictions;
4. mitigation.

5 In respect of the sentencing framework, it is noted that the following were the sentences prescribed for each of the offences proceeded with:

1. Charge in P1 Sec 379 of the Penal Code

Imprisonment up to 3 years or fine or both;

2. Charge in P2 Sec 379A of the Penal Code

Imprisonment of not less than 1 year and not more than 7 years and shall be liable to fine in addition to mandatory disqualification...