Public Prosecutor v Syed Hamid: Preventive Detention for Mischief by Fire

In Public Prosecutor v Syed Hamid bin A Kadir Alhamid, the Court of Appeal of Singapore heard an appeal by the prosecution against the sentence imposed on Syed Hamid, who was convicted of committing mischief by fire. The prosecution argued that a sentence of preventive detention should have been ordered due to Syed Hamid's extensive criminal history. The Court of Appeal agreed, finding that Syed Hamid posed a danger to the public and sentenced him to 20 years of preventive detention.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal allowed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal sentenced Syed Hamid to 20 years of preventive detention for mischief by fire, considering his extensive criminal history.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorAppellantGovernment AgencyAppeal allowedWon
Bala Reddy of Deputy Public Prosecutor
Syed Hamid bin A Kadir AlhamidRespondentIndividualPreventive detention for 20 yearsLost

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes
Chao Hick TinJudge of AppealNo
Tan Lee MengJudgeNo

4. Counsels

Counsel NameOrganization
Bala ReddyDeputy Public Prosecutor

4. Facts

  1. The respondent threw a brick at his mother through a window.
  2. The respondent threw a lighted ball of newspaper at his mother, which landed on her mattress and caught fire.
  3. The fire damaged the flat and the common corridor outside it.
  4. The respondent has numerous previous convictions, including theft, housebreaking, and drug offenses.
  5. The respondent was 41 years old at the time of the appeal.
  6. The respondent had been imprisoned for a total of 49 months prior to this offense.

5. Formal Citations

  1. Public Prosecutor v Syed Hamid bin A Kadir Alhamid, CA 9/2002, [2002] SGCA 40

6. Timeline

DateEvent
Respondent set fire to his flat.
Court of Appeal decision.

7. Legal Issues

  1. Whether an order of preventive detention was appropriate
    • Outcome: The Court of Appeal held that an order for preventive detention was appropriate.
    • Category: Substantive
    • Related Cases:
      • [1999] 4 SLR 329
      • [2000] 3 SLR 308
      • [2001] 3 SLR 161
      • [1999] 2 SLR 345

8. Remedies Sought

  1. Preventive Detention

9. Cause of Actions

  • Mischief by Fire

10. Practice Areas

  • Criminal Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Wong Wing HungUnknownYes[1999] 4 SLR 329SingaporeCited for imposing the maximum period of 20 years’ preventive detention.
PP v Perumal s/o SuppiahUnknownYes[2000] 3 SLR 308SingaporeCited for the principle that preventive detention is imposed if the accused has shown that he is such a menace to society that he should be incarcerated for a substantial period of time and that any comparison between the sentences previously imposed on the offender and the minimum period of preventive detention is misconceived.
Tan Ngin Hai v PPUnknownYes[2001] 3 SLR 161SingaporeCited for the principle that protection of the public does not necessarily refer to protecting them only from physical harm.
Heng Jong Cheng v PPUnknownYes[1999] 2 SLR 345SingaporeCited for imposing the maximum period of 20 years’ preventive detention.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
section 436 of the Penal Code, Chapter 224Singapore
section 12(2)(a) of the Criminal Procedure CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Preventive detention
  • Mischief by fire
  • Habitual offender
  • Recalcitrant
  • Public protection

15.2 Keywords

  • Preventive detention
  • Mischief by fire
  • Criminal sentencing
  • Singapore
  • Court of Appeal

17. Areas of Law

Area NameRelevance Score
Preventive detention95
Sentencing90
Mischief by Fire85
Criminal Law80
Criminal Procedure75
Offences60
Theft30

16. Subjects

  • Criminal Law
  • Sentencing
  • Criminal Procedure