Tung Wai Mun v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Brenda Tan
• Judgment Date: 20 November 2001
• Neutral Citation: [2001] SGDC 358
• Year: 2001
• Published date: 19 September 2003
• Citation: [2001] SGDC 358
• Court: District Court (Singapore)

Judgment

GROUNDS OF DECISION

The Charge

This is an appeal by the defence against sentence. The accused pleaded guilty before me to one charge of possessing one tablet of Nimetazepam, a Class C drug, without authorisation under section 8(a) of the Misuse of Drugs Act. I sentenced him to 3 months imprisonment. The accused being dissatisfied with his sentence is appealing against it.

2. The charge against the accused was as follows:

Charge

(Exhibit P1)

You,

Tung Wai Mun, M/28 yrs
NRIC No: S 7310167J

are charged that you on the 19^th day of May 2001 at or about 0245 hrs, at "Black Velvet Disco" Orchard Rd, Singapore, did have in your possession a controlled drug as specified in Class C of the First Schedule of the Misuse of Drugs Act, Chapter 185, to wit, one tablet marked "028" on one side and "5" on the other side, analysed and found to contain nimetazepam, without authorisation under the said Act or the Regulations made thereunder and you have thereby committed an offence under section 8(a) and punishable under section 33 of the Misuse of drugs Act, Chapter 185.

The Facts

3. The accused admitted unreservedly to the following statement of facts (see exhibit A):

" Complainant is Mohd Adnan, M/24 yrs old, attached to Tanglin Police Div HQ.

2. The accused is Tung Wai Mun, M/28 yrs, NRIC No: S7310167J".

3. On the 19^th day of May 2001 at about 0245 hrs, complainant was performing anti-crime rounds at "Black Velvet Disco", Orchard Rd, when he spotted the accused. He then made a check on the accused.

4. Upon checking, the accused was found to be in possession of a tablet, believed to be controlled drug. The tablet was placed in the left front pocket of the accuseds jeans. The accused was subsequently placed under arrest for possession of a controlled drug. The tablet was seized as case exhibit. The accused was then brought to Tanglin Police Div HQ.

5. The tablet was sealed and marked "SS:106/01" and sent to the Health Sciences Authority (HSA) for analysis.

6. Upon analysis, the HSA certified that the exhibit marked "SS:106/01" was found to be one table marked "028" on one side and "5" on the other side, which was analysed and found to contain nimetazepam (Lab No: N1-2001-01639-001).

7. Nimetazepam is a Class C controlled drug listed in the First Schedule to the Misuse of Drugs Act (Cap. 185)."

4. Based on the statement of facts, an offence was clearly disclosed and I found the accused guilty as charged and convicted him accordingly.

Antecedents

5. The accused was a first offender.

Mitigation

6. The learned counsel tendered a written mitigation plea (see exhibit C). The main points may be summarised as follows:

1. The accused was aged 28 and single. His highest standard of education was Secondary 4. After completing his national service, he joined his father to work in the construction and renovation industry. 5 years ago, he embarked on his present job which required him to repossess vehicles where the owners had defaulted in their payments to the finance companies. The accused earned about $2500 per month.

2. With regard to the circumstances of the offence, the accused had gone to Black Velvet Disco with a friend at around 11 pm. At some point, 2 girls approached them and they later started a game whereby the loser was required to finish his drink. The accused being unfamiliar with the game began to lose and had to consume his drinks fast. When the girls teased about it, he felt offended and told them that he could hold his drinks well although it was not true. One of the girls then gave him a tablet and...