Public Prosecutor v Andy Sofiaan bin Rahmad

Public Prosecutor v Andy Sofiaan bin Rahmad

Paragraph 4 of Schedule D CPC applies to offences committed during aftercare supervision; the original RTC sentence ceases to have effect and the new RTC sentence must commence on the date of conviction of the fresh offences, so the petition to revise the commencement date to 16 February 2000 is allowed.

Citation
[2000] SGHC 167
Parties
Petitioner: Public Prosecutor; Respondent: Andy Sofiaan bin Rahmad
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
14 August 2000
Case Number
Cr Rev 8/2000
Procedural Posture
Criminal Revision (petition for Revision) / High Court Decision on Petition for Revision
Outcome
Petition allowed; sentence revised to commence on 16 February 2000.
Legal Topics
Start Date of Sentence, Consecutive Vs Concurrent Reformative Training Sentences, Application of Sch D Para 4 Criminal Procedure Code, Supervision Breaches and Recall to RTC
Source Language
English
Criminal Procedure Sentencing Reformative Training Start Date of Sentence Consecutive Vs Concurrent Reformative Training Sentences Application of Sch D Para 4 Criminal Procedure Code Supervision Breaches and Recall to RTC

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Parties

Public Prosecutor

Petitioner

Andy Sofiaan bin Rahmad

Respondent

Procedural Posture

Criminal Revision (petition for Revision) / High Court Decision on Petition for Revision

Legal Issues

  1. 1 Whether a new order for reformative training made for offences committed while under supervision should commence on the date of conviction of the new offences
  2. 2 Whether ordering a reformative training sentence consecutive to a prior term runs contrary to the aim of reformative training
  3. 3 How para 4, Sch D of the Criminal Procedure Code applies to offences committed during aftercare supervision

Ratio Decidendi

Paragraph 4 of Schedule D CPC applies to offences committed during aftercare supervision; the original RTC sentence ceases to have effect and the new RTC sentence must commence on the date of conviction of the fresh offences, so the petition to revise the commencement date to 16 February 2000 is allowed.

Court Disposition

Petition allowed; sentence revised to commence on 16 February 2000.

Orders

  • Revised order that the respondent's reformative training sentence commence on 16 February 2000