Muhammad Nurashik v Public Prosecutor: Driving While Disqualified Appeal
Muhammad Nurashik bin Mohd Nasir appealed to the High Court of Singapore against the sentence imposed by the District Judge for driving while disqualified under the Road Traffic Act. The appellant pleaded guilty to nine charges, including two charges of driving a motor vehicle while disqualified. Justice Vincent Hoong dismissed the appeal, upholding the conviction and the consecutive sentences, emphasizing the appellant's repeated offenses and disregard for the law.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against sentence for driving while disqualified. The High Court upheld the conviction and consecutive sentences, emphasizing the seriousness of repeat offenses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Charlene Tay Chia of Attorney-General’s Chambers Tay Zhi Jie of Attorney-General’s Chambers |
| Muhammad Nurashik bin Mohd Nasir | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Charlene Tay Chia | Attorney-General’s Chambers |
| Tay Zhi Jie | Attorney-General’s Chambers |
4. Facts
- The Appellant was charged with 17 theft and traffic offences.
- The Appellant pleaded guilty to nine charges.
- The Appellant was sentenced to an enhanced sentence of 206 days’ imprisonment, 65 months’ imprisonment and disqualification for life.
- The Appellant appealed against the sentence for two charges of driving a motor vehicle while disqualified.
- The Appellant rode a motorcycle inside a carpark while disqualified.
- The Appellant had prior convictions for driving under disqualification on four prior occasions.
5. Formal Citations
- Muhammad Nurashik bin Mohd Nasir v Public Prosecutor, Magistrate’s Appeal No 9035 of 2024, [2024] SGHC 161
- Public Prosecutor v Muhammad Nurashik Bin Mohd Nasir, , [2024] SGDC 60
6. Timeline
| Date | Event |
|---|---|
| Appellant charged with 17 theft and traffic offences | |
| Appellant rode motorcycle on footway | |
| High Court dismissed the appeal against sentence |
7. Legal Issues
- Driving While Disqualified
- Outcome: The court upheld the conviction for driving while disqualified.
- Category: Substantive
- Appeal Against Sentence
- Outcome: The court dismissed the appeal against the sentence.
- Category: Procedural
8. Remedies Sought
- Setting aside conviction
- Reduction of imprisonment terms
- Concurrent running of sentences
9. Cause of Actions
- Driving While Disqualified
10. Practice Areas
- Criminal Law
- Traffic Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Teo Siong Khoon v Public Prosecutor | High Court | Yes | [1995] 1 SLR(R) 435 | Singapore | Cited to support the proposition that the driveway of a Housing Development Board carpark is a 'road' under the Road Traffic Act. |
| Ang Zhu Ci Joshua v Public Prosecutor | High Court | Yes | [2016] 4 SLR 1059 | Singapore | Cited for the principle that the mitigating value of a mental condition depends on whether it impairs the individual's ability to control their actions. |
| Chua Ya Zi Sandy v Public Prosecutor | High Court | Yes | [2021] SGHC 204 | Singapore | Cited for the principle that hardship to the offender's family has little mitigating value, except in exceptional circumstances. |
| Lai Oei Mui Jenny v Public Prosecutor | Court of Appeal | Yes | [1993] 2 SLR(R) 406 | Singapore | Cited regarding the limited mitigating value of hardship to the offender's family. |
| Muhammad Saiful bin Ismail v Public Prosecutor | High Court | Yes | [2014] 2 SLR 1028 | Singapore | Cited for the principle that driving while under disqualification is a serious offense that evinces a blatant disregard for the law. |
| Public Prosecutor v Lee Cheow Loong Charles | High Court | Yes | [2008] 4 SLR(R) 961 | Singapore | Cited for the principle that driving while under disqualification is to be punished robustly because of the danger posed to the public. |
| Vasentha d/o Joseph v Public Prosecutor | High Court | Yes | [2015] 5 SLR 122 | Singapore | Cited for the principle that committing an offense while on bail is an aggravating factor. |
| Public Prosecutor v Raveen Balakrishnan | Court of Appeal | Yes | [2018] 5 SLR 799 | Singapore | Cited for the general rule of consecutive sentences for unrelated offenses. |
| Toh Suat Leng Jennifer v Public Prosecutor | High Court | Yes | [2022] 5 SLR 1075 | Singapore | Cited for the principle that unreported decisions are of limited precedential value. |
| Seah Ming Yang Daryle v Public Prosecutor | High Court | Yes | [2024] SGHC 152 | Singapore | Cited for the principle that offenders who commit offences of driving whilst under disqualification pursuant to s 43(4) of the RTA are inevitably repeat offenders. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 43(4) | Singapore |
| Criminal Procedure Code 2010 s 375 | Singapore |
| Criminal Procedure Code 2010 s 400 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Driving while disqualified
- Road Traffic Act
- Appeal against sentence
- Consecutive sentences
- Disqualification for life
- Statement of Facts
- Carpark
- Footway
15.2 Keywords
- driving
- disqualified
- appeal
- sentence
- traffic
- offence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Road Traffic Act | 95 |
| Road Traffic Accident | 85 |
| Statutory offences | 75 |
| Sentencing | 60 |
| Criminal Law | 60 |
| Criminal Procedure | 60 |
| Appellate Litigation | 50 |
16. Subjects
- Criminal Law
- Road Traffic Law
- Sentencing