MUHAMMAD NURASHIK BIN MOHD NASIR v PUBLIC PROSECUTOR

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.