MUHAMMAD NURASHIK BIN MOHD NASIR v PUBLIC PROSECUTOR

[2024] SGHC 161 High Court (General Division) 26 June 2024 HC/MA 9035/2024/01 11 min read
11 cases cited

Outcome

Appeal dismissed

I dismiss the appeal against sentence.

Source: [2024] SGHC 161, High Court (General Division), decided 26 June 2024. Read directly from the judgment.

Key facts

Court High Court (General Division)
Decided
Judge Vincent Hoong
Charges / claim Criminal Procedure and Sentencing, Criminal Law
Outcome Appeal dismissed
Counsel Attorney-General's Chambers, Charlene Tay Chia, Tay Zhi Jie

Source: [2024] SGHC 161, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (3)

Parties (2)

Case Significance

Muhammad Nurashik bin Mohd Nasir v Public Prosecutor [2024] SGHC 161 was an ex tempore judgment delivered in the General Division of the High Court by Vincent Hoong J on 26 June 2024, in Magistrate's Appeal No 9035 of 2024. The appellant had been charged with the commission of 17 theft and traffic offences. He pleaded guilty in the court below to nine charges and consented to the remaining eight charges being taken into consideration for sentencing. The global sentence imposed by the District Judge was an enhanced sentence of 206 days' imprisonment, 65 months' imprisonment and disqualification from holding or obtaining all classes of driving licences for life with effect from the appellant's date of release.

The appeal against sentence focused on two of the proceeded charges, the 1st and 13th charges (DAC-925519-2020 and DAC-900125-2023), which concerned separate offences of driving a motor vehicle while disqualified under s 43(4) of the Road Traffic Act. For the 1st charge the District Judge imposed an enhanced sentence of 60 days' imprisonment, 27 months' imprisonment and disqualification for life, and for the 13th charge 30 months' imprisonment and disqualification for life, with the sentences for the two charges ordered to run consecutively. The catchwords identify the issues as a criminal appeal and the statutory offence of driving while disqualified, citing the Road Traffic Act and the Criminal Procedure Code. The respondent, the Public Prosecutor, was represented by Charlene Tay Chia and Tay Zhi Jie of the Attorney-General's Chambers.

[2024] SGHC 161 explained

MUHAMMAD NURASHIK BIN MOHD NASIR v PUBLIC PROSECUTOR ([2024] SGHC 161) is a Singapore judgment decided by the High Court (General Division) on 26 June 2024. It is categorised under Criminal Procedure and Sentencing and Criminal Law. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2024] SGHC 161 about?

MUHAMMAD NURASHIK BIN MOHD NASIR v PUBLIC PROSECUTOR ([2024] SGHC 161) is a High Court (General Division) decision from 2024. Its published catchwords are “Criminal Procedure and Sentencing — Appeal” and “Criminal Law — Statutory offences — Road Traffic Act — Driving while disqualified”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGHC 161 consider?

The judgment refers to Criminal Procedure Code (Cap 68) and Road Traffic Act (Cap 276). The statutes cited are listed in full on this page, each linking to its primary text.

What earlier Singapore cases does [2024] SGHC 161 cite?

Among the in-corpus authorities it refers to are [2024] SGHC 152. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

Summary

Muhammad Nurashik bin Mohd Nasir, who had pleaded guilty in the court below to nine of 17 theft and traffic charges and received a global sentence including 65 months' imprisonment, an enhanced sentence, and disqualification from holding all classes of driving licences for life, appealed to the General Division of the High Court against sentence, focusing on two charges of driving while disqualified under section 43(4) of the Road Traffic Act. He argued that one conviction should be set aside because he rode only on a footway, that his imprisonment terms should be reduced, and that the sentences should run concurrently rather than consecutively. The court upheld the District Judge's decisions, including the consecutive running of the sentences, found the global sentence in keeping with his record, and dismissed the appeal against sentence.

What sentence was at issue in Muhammad Nurashik bin Mohd Nasir v PP [2024] SGHC 161?

The District Judge imposed a global enhanced sentence of 206 days' imprisonment, 65 months' imprisonment and disqualification from all driving licences for life from the appellant's date of release, after he pleaded guilty to nine of 17 theft and traffic charges.

Which charges did the appeal focus on in Muhammad Nurashik v PP [2024] SGHC 161?

The appeal focused on the 1st and 13th charges (DAC-925519-2020 and DAC-900125-2023) for driving while disqualified under s 43(4) of the Road Traffic Act. They drew 27 months' and 30 months' imprisonment respectively, plus disqualification for life, ordered to run consecutively.

Who decided Muhammad Nurashik bin Mohd Nasir v Public Prosecutor [2024] SGHC 161?

Vincent Hoong J delivered this ex tempore judgment in the General Division of the High Court on 26 June 2024, in Magistrate's Appeal No 9035 of 2024. The Public Prosecutor was represented by Charlene Tay Chia and Tay Zhi Jie of the Attorney-General's Chambers.

Statutes Cited

Cases Cited (11)

SG (3)
[2021] SGHC 204 [2024] SGDC 60 [2024] SGHC 152
SLR (8)
[1993] 2 SLR(R) 406 [1995] 1 SLR(R) 435 [2008] 4 SLR(R) 961 [2014] 2 SLR 1028 [2015] 5 SLR 122 [2016] 4 SLR 1059 [2018] 5 SLR 799 [2022] 5 SLR 1075

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 161)