PP v Abdul Qayyum: Sentencing of Young Offender for Unlawful Assembly with Community-Based Orders
Abdul Qayyum bin Abdul Razak appealed against his sentence of one month's imprisonment for unlawful assembly. The Public Prosecutor also appealed, arguing the sentence was manifestly inadequate. The High Court, presided over by Chief Justice Sundaresh Menon, considered pre-sentencing reports and imposed a Day Reporting Order for 12 months, a Community Service Order of 120 hours, and a Short Detention Order of seven days, deferring the commencement of the SDO to minimize disruption to his employment. The court emphasized rehabilitation while also addressing deterrence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal dismissed; community-based sentences imposed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the sentencing of Abdul Qayyum for unlawful assembly. The court imposed a Day Reporting Order, Community Service Order, and Short Detention Order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant, Respondent | Government Agency | Appeal dismissed | Lost | Lim Shin Hui of Attorney-General’s Chambers Hay Hung Chun of Attorney-General’s Chambers |
| Abdul Qayyum bin Abdul Razak | Respondent, Appellant | Individual | Appeal allowed in part | Partial | Pramnath Vijayakumar of Law Society Pro Bono Services Sadhana Devi d/o Daevnrd Rai of Law Society Pro Bono Services |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Shin Hui | Attorney-General’s Chambers |
| Hay Hung Chun | Attorney-General’s Chambers |
| Pramnath Vijayakumar | Law Society Pro Bono Services |
| Sadhana Devi d/o Daevnrd Rai | Law Society Pro Bono Services |
4. Facts
- Abdul Qayyum pleaded guilty to unlawful assembly.
- The victim sustained a cut below his eye during the attack.
- The District Judge sentenced Abdul Qayyum to one month's imprisonment.
- Abdul Qayyum was 20 at the time of the offence and 21 at the time of sentencing.
- Abdul Qayyum had a prior conviction for unlawful assembly and had undergone probation.
- Pre-sentencing reports deemed Abdul Qayyum unsuitable for probation but suitable for a Day Reporting Order and Community Service Order.
- Abdul Qayyum had remained crime-free for 21 months since the offence.
5. Formal Citations
- Public Prosecutor v Abdul Qayyum bin Abdul Razak and another appeal, Magistrate’s Appeal No 9073 of 2019/01 and 02, [2020] SGHC 57
6. Timeline
| Date | Event |
|---|---|
| First hearing of appeal | |
| Parties appeared before the court to make submissions on the appropriate sentence | |
| Judgment issued |
7. Legal Issues
- Appropriateness of Community-Based Sentences for Young Offenders
- Outcome: The court found that a combination of community-based sentences, including a Day Reporting Order, Community Service Order, and Short Detention Order, was appropriate in this case.
- Category: Substantive
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Unlawful Assembly
10. Practice Areas
- Criminal Law
- Sentencing
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| A Karthik v Public Prosecutor | High Court | Yes | [2018] 5 SLR 1289 | Singapore | Cited for the approach the court ought to take towards youthful offenders on the cusp of majority. |
| Public Prosecutor v Mok Ping Wuen Maurice | Unknown | Yes | [1998] 3 SLR(R) 439 | Singapore | Cited for the principle that rehabilitation is the central concern for offenders under 21 at the time of the offence and sentencing. |
| Ho Mei Xia Hannah v Public Prosecutor and another matter | Unknown | Yes | [2019] 5 SLR 978 | Singapore | Cited regarding the need for general and specific deterrence displacing the presumptive emphasis on rehabilitation. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 143 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) ss 351 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) ss 352 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Unlawful assembly
- Youthful offender
- Rehabilitation
- Deterrence
- Day Reporting Order
- Community Service Order
- Short Detention Order
- Retrospective rationale
- Prospective rationale
15.2 Keywords
- Unlawful Assembly
- Sentencing
- Youthful Offender
- Community Based Sentence
- Rehabilitation
- Deterrence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 95 |
| Young Offenders | 90 |
| Criminal Procedure | 85 |
| Unlawful assembly | 80 |
| Criminal Law | 75 |
16. Subjects
- Criminal Law
- Sentencing
- Criminal Procedure