PP v Loqmanul Hakim: Theft by CISCO Officer in Uniform with Weapon; Sentencing Principles
In Public Prosecutor v Loqmanul Hakim bin Buang, the High Court of Singapore heard an appeal by the Public Prosecutor against the sentence imposed on Loqmanul Hakim, a CISCO auxiliary police officer, for three counts of theft. The District Court had sentenced Hakim to a total of 14 weeks' imprisonment. Rajah JA allowed the appeal, increasing the sentence for the first charge to 18 months, to run consecutively with the third charge, resulting in a total sentence of 18 months and two weeks. The court emphasized the principles of deterrence and retribution, given Hakim's position as a law enforcement officer and the abuse of trust involved.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Loqmanul Hakim, a CISCO officer, was sentenced for theft. The High Court increased his sentence, emphasizing deterrence and retribution due to his abuse of trust.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Vincent Leow |
| Loqmanul Hakim bin Buang | Respondent | Individual | Sentence Increased | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| V K Rajah | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Vincent Leow | Attorney-General's Chambers |
4. Facts
- The accused, a CISCO auxiliary police officer, pleaded guilty to three charges of theft.
- On 27 October 2006, the accused stole two DVD players from Sheng Siong Supermarket.
- On 30 October 2006, the accused attempted to steal a television set from another Sheng Siong supermarket but was caught and released on bail.
- On 14 November 2006, while on bail, the accused stole three DVD players from Sheng Siong Supermarket while in full CISCO uniform and armed with a revolver.
- The accused was apprehended by supermarket staff while attempting to leave with the stolen items.
- The accused told the staff arresting him that he was a police officer.
5. Formal Citations
- Public Prosecutor v Loqmanul Hakim bin Buang, MA 12/2007, [2007] SGHC 159
6. Timeline
| Date | Event |
|---|---|
| Accused stole DVD players from Sheng Siong Supermarket | |
| Accused attempted to steal a television set from Sheng Siong supermarket | |
| Accused was apprehended by the police and released on station bail | |
| Accused stole DVD players from Sheng Siong Supermarket while in CISCO uniform and carrying a weapon | |
| Political & Economic Risk Consultancy Ltd (“PERC”), Comparative Country Risk Report 2007 (February 2007) was published | |
| Decision Date |
7. Legal Issues
- Sentencing Principles for Theft by Law Enforcement Officer
- Outcome: The High Court held that the District Judge erred in not giving sufficient weight to the fact that the accused committed the offence while in uniform and carrying a lethal weapon, and in failing to consider that the accused faced three charges in relation to three identical offences, all committed in the short span of 18 days, and to exacerbate matters, while on bail.
- Category: Substantive
- Sub-Issues:
- Weight accorded to the fact that the accused committed the offence while in uniform and carrying a lethal weapon
- Relevance of general deterrence
- Rationale for imposing more severe sentence for offence committed whilst on bail
- Relevance of specific deterrence
- Related Cases:
- [2006] 4 SLR 10
- [2006] 4 SLR 653
- [2007] 2 SLR 814
- [1999] 2 SLR 523
- [2006] 3 SLR 247
- [2007] SGHC 34
- [1999] 3 SLR 215
- [2004] 2 SLR 93
- [1970] 1 MLJ 40
- [1995] 1 SLR 537
- [2001] SGMC 12
- [2001] SGDC 13
- [2000] 1 SLR 30
- [2006] SGHC 57
- [1981] 1 HKC 161
- [1981] 2 NSWLR 464
- [1993] 3 SLR 927
- [2002] 1 SLR 63
- [1993] 3 SLR 305
- [2001] SGHC 266
- [2005] 4 SLR 249
- [2003] SGDC 189
8. Remedies Sought
- Increased Sentence
9. Cause of Actions
- Theft
10. Practice Areas
- Criminal Law
11. Industries
- Security
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Kay Beng v PP | High Court | Yes | [2006] 4 SLR 10 | Singapore | Cited for the sentencing considerations of deterrence, retribution, prevention and rehabilitation. |
| Angliss Singapore Pte Ltd v PP | High Court | Yes | [2006] 4 SLR 653 | Singapore | Cited for the principle that the court's reasoning accords legitimacy to the sentence that is passed. |
| PP v Law Aik Meng | High Court | Yes | [2007] 2 SLR 814 | Singapore | Cited for a detailed discourse on deterrence and its application on two discrete levels: specific and general deterrence. |
| PP v Tan Fook Sum | High Court | Yes | [1999] 2 SLR 523 | Singapore | Cited for the principle that considerations of specific deterrence are especially significant in situations involving pre-meditated crimes. |
| PP v Aguilar Guen Garlejo | High Court | Yes | [2006] 3 SLR 247 | Singapore | Cited for the principle that specific deterrence would often be a less compelling, if not altogether irrelevant, consideration in situations involving factors outside the control of the accused. |
| PP v Lim Ah Liang | High Court | Yes | [2007] SGHC 34 | Singapore | Cited for the principle that specific deterrence would often be a less compelling, if not altogether irrelevant, consideration in situations involving factors outside the control of the accused. |
| PP v Gurmit Singh | High Court | Yes | [1999] 3 SLR 215 | Singapore | Cited for the principle that a deterrent sentence was warranted as the respondent had been a police officer who had committed these offences in the commission of his duty and that the public is entitled to expect the highest standards from the police force. |
| Annis bin Abdullah v PP | High Court | Yes | [2004] 2 SLR 93 | Singapore | Cited to show that the mere fact that the appellant had been a police officer should not have been regarded as an aggravating factor where a police officer offends outside the scope of his official duties and does not abuse his position to commit criminal mischief. |
| Liow Siow Long v PP | Federal Court | Yes | [1970] 1 MLJ 40 | Malaysia | Cited for the principle that the sentencing court cannot lose sight of the proportion which must be maintained between the offence and the penalty and the extenuating circumstances which might exist in the case. |
| Sim Gek Yong v PP | High Court | Yes | [1995] 1 SLR 537 | Singapore | Cited for the principle that maximum sentences and those that are close to the maximum should be meted out only to the worst cases that come before the Court. |
| Adrian Tan Chun v PP | State Courts | Yes | [2001] SGMC 12 | Singapore | Cited for the principle that an offence which is committed by an offender whilst on bail is an aggravating consideration that warrants the imposition of a more severe sentence. |
| Tay Poh Lim v PP | District Court | Yes | [2001] SGDC 13 | Singapore | Cited for the principle that an offence which is committed by an offender whilst on bail is an aggravating consideration that warrants the imposition of a more severe sentence. |
| PP v Mahadi bin Mohamed Daud | High Court | Yes | [2000] 1 SLR 30 | Singapore | Cited for the principle that the objective underlying the bail mechanism is the need to secure the attendance of the prisoner at the trial. |
| Abul Khabir Uddin Tohron Nisa v PP | High Court | Yes | [2006] SGHC 57 | Singapore | Cited for the principle that the primary rationale for bail must surely be rooted on the premise that a party should not be deprived of his personal liberty until he has been convicted and sentenced. |
| Attorney General v Law Ying Cheung | Court of Appeal | Yes | [1981] 1 HKC 161 | Hong Kong | Cited for the principle that where a person is caught at his first attempt but while on bail awaiting trial and sentence deliberately goes out to commit a more serious offence, that indicates a heart which is already hardened. |
| R v Richards | Supreme Court | Yes | [1981] 2 NSWLR 464 | New South Wales | Cited for the principle that the community must be protected as far as possible from further criminal activities by persons who take advantage of their liberty on bail to commit further crimes. |
| Lim Choon Kang v PP | High Court | Yes | [1993] 3 SLR 927 | Singapore | Cited for the principle that no weight should be given to fortuitous considerations such as hardship caused to the family, except in the most exceptional of cases. |
| Leaw Siat Chong v PP | High Court | Yes | [2002] 1 SLR 63 | Singapore | Cited for the principle that no weight should be given to fortuitous considerations such as hardship caused to the family, except in the most exceptional of cases. |
| Lai Oei Mui Jenny v PP | High Court | Yes | [1993] 3 SLR 305 | Singapore | Cited for the principle that hardship to the family would be the inevitable price that must be paid for the moment of folly and cannot affect what would otherwise be an appropriate sentence. |
| PP v Ong Ker Seng | High Court | Yes | [2001] SGHC 266 | Singapore | Cited for the principle that financial difficulties would, in the absence of exceptional or extreme circumstances, not constitute a valid mitigating factor. |
| S Balakrishnan v PP | High Court | Yes | [2005] 4 SLR 249 | Singapore | Cited for the principle that where public personnel are willing to commit a “complete betrayal of their offices” in falling below the level of conduct that should be expected of them, this Court should not hesitate to show its disapproval and aversion for such egregious conduct by passing a sufficiently significant term of imprisonment. |
| Fackir Mohamed Shariff v PP | District Court | Yes | [2003] SGDC 189 | Singapore | The district judge distinguished this case because the offender had stolen in the very premises they were assigned to protect. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 380 | Singapore |
| Police Force Act (Cap 235, 2006 Rev Ed) s 86(1) | Singapore |
| Criminal Justice Act 1991 s 29 | England |
| Criminal Procedure Code (Cap. 68) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- CISCO
- Auxiliary Police Officer
- Theft
- Sentencing Principles
- Deterrence
- Retribution
- Abuse of Trust
- On Bail
- Uniform
- Weapon
15.2 Keywords
- theft
- CISCO
- police
- sentencing
- deterrence
- retribution
- Singapore
- criminal law
16. Subjects
- Criminal Law
- Sentencing
- Law Enforcement
17. Areas of Law
- Criminal Procedure
- Sentencing
- Theft