PP v Mohamed Noor: Criminal Revision and Sentencing for Unlawful Possession of Identity Card
In Public Prosecutor v Mohamed Noor bin Abdul Majeed, the High Court of Singapore reviewed a criminal revision and sentencing concerning the unlawful possession of another's identity card. The trial judge and the Public Prosecutor filed petitions for criminal revision relating to an error in the charge and the sentence imposed on Mohamed Noor. The High Court dismissed the first revision, allowed the second revision regarding the sentence, and dismissed Mohamed Noor's appeal against his sentence, amending the commencement date of his reformative training.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Criminal Revision No 4/2000 dismissed; CR 5/2000 allowed; appeal against sentence dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addressed errors in the charge and sentencing of Mohamed Noor for unlawful possession of another's identity card, ultimately revising the sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Applicant | Government Agency | Criminal Revision Allowed in Part | Partial | Daniel Yong of Deputy Public Prosecutor |
| Mohamed Noor bin Abdul Majeed | Respondent, Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Daniel Yong | Deputy Public Prosecutor |
4. Facts
- Appellant pleaded guilty to a charge under s 13(2)(b) of the National Registration Act (Cap 201).
- The charge erroneously stated that the appellant had made use of an identity card belonging to another person.
- The facts revealed that the appellant was only in possession of the said identity card.
- The appellant was serving reformative training for a prior conviction.
- The trial judge ordered the appellant to undergo reformative training with the sentence to commence on the same date as his existing term.
- The Public Prosecutor filed a petition for criminal revision relating to the sentence imposed by the trial judge.
5. Formal Citations
- Public Prosecutor v Mohamed Noor bin Abdul Majeed, Cr Rev 4/2000, 5/2000; MA 28/2000, [2000] SGHC 93
6. Timeline
| Date | Event |
|---|---|
| Appellant convicted for affray under s 160 of the Penal Code and placed on 18 months` probation. | |
| Appellant convicted on three charges of theft of a motor vehicle under s 379A, Penal Code, and sentenced to reformative training. | |
| Appellant went to the Kampong Glam Neighbourhood Police Post to lodge a police report pertaining to his lost identity card. | |
| Order of recall issued against the appellant. | |
| Appellant pleaded guilty to the charge. | |
| High Court dismissed CR 4/2000, allowed CR 5/2000 and dismissed the appeal against sentence. |
7. Legal Issues
- Exercise of High Court Revisionary Jurisdiction and Powers
- Outcome: The High Court held that the error in the charge was immaterial and did not warrant the exercise of its revisionary powers.
- Category: Procedural
- Related Cases:
- [1996] 1 SLR 326
- [1999] 1 SLR 119
- [1996] 1 SLR 573
- Appropriateness of Concurrent Sentences of Reformative Training
- Outcome: The High Court held that the trial judge misapplied the case of Ng Kwok Fai v PP and that the order for concurrent sentences of reformative training was erroneous, amending the sentence to commence on the date of sentencing.
- Category: Substantive
- Related Cases:
- [1996] 1 SLR 568
- Whether Sentence is Manifestly Excessive
- Outcome: The High Court held that the sentence of reformative training imposed by the trial judge was not manifestly excessive.
- Category: Substantive
8. Remedies Sought
- Criminal Revision
- Appeal against Sentence
9. Cause of Actions
- Unlawful possession of another's identity card
10. Practice Areas
- Criminal Appeals
- Criminal Revision
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kwok Fai v PP | High Court | Yes | [1996] 1 SLR 568 | Singapore | Cited regarding the undesirability of consecutive terms of reformative training, but ultimately distinguished due to the operation of para 4 of Sch D to the CPC. |
| Ang Poh Chuan v PP | High Court | Yes | [1996] 1 SLR 326 | Singapore | Cited for the governing principles regarding the exercise of the High Court's revisionary jurisdiction, requiring some serious injustice. |
| Ngian Chin Boon v PP | High Court | Yes | [1999] 1 SLR 119 | Singapore | Cited for reiterating the principle that the revisionary jurisdiction of the High Court must be exercised sparingly and only when there is some serious injustice. |
| PP v Koon Seng Construction Pte Ltd | High Court | Yes | [1996] 1 SLR 573 | Singapore | Cited regarding the High Court's power to amend an erroneously stated charge when exercising its powers of revision, but distinguished on the facts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| National Registration Act (Cap 201) | Singapore |
| s 13(2)(b) of the National Registration Act (Cap 201) | Singapore |
| s 160 of the Penal Code (Cap 224) | Singapore |
| s 379A, Penal Code | Singapore |
| s 457 of the Penal Code | Singapore |
| s 23 of the Supreme Court of Judicature Act (Cap 322) | Singapore |
| s 268 of the Criminal Procedure Code (Cap 68) | Singapore |
| s 256(b)(ii), CPC | Singapore |
| Section 162 of the CPC | Singapore |
| s 396, CPC | Singapore |
| Sch D para 4 Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| s 256(c) of the CPC | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Reformative Training
- Criminal Revision
- Revisionary Powers
- National Registration Act
- Identity Card
- Concurrent Sentences
- Manifestly Excessive
- Supervision
- Order of Recall
15.2 Keywords
- Criminal Law
- Sentencing
- Criminal Revision
- Singapore
- High Court
- Reformative Training
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 80 |
| Criminal Procedure | 75 |
| Criminal Law | 60 |
16. Subjects
- Criminal Procedure and Sentencing