PUBLIC PROSECUTOR v Ng Soon Kiat

Facts

Ng Soon Kiat pleaded guilty in Criminal Case No 4 of 2025 to three charges. First, on 8 September 2020, acting on the instructions of one Jun Ren, who worked for a Malaysian drug supplier, he deposited a parcel at a POPStation locker at Fajar Shopping Centre containing not less than 166.99g of methamphetamine, an offence under s 5(1)(a) of the Misuse of Drugs Act. His phone number was linked to the locker, and he was arrested on 14 September 2020. Second, on 18 November 2018, at Club V5 on Cuscaden Road, he was part of a group that attacked a man who had intervened in a dispute; he tried to pick up a table to hit the victim, was stopped by staff, and hit him with a beer bucket. This was rioting under s 147 of the Penal Code. Third, on 30 August 2020, while on bail, he drove a van after drinking, mounted a curb on Clementi Avenue 6, and was found with 65 microgrammes of alcohol in 100 millilitres of breath.

Five other charges, including membership of an unlawful society and careless driving, were taken into consideration. He appealed against sentence, and these are the full grounds.

Issues

1. What sentence was appropriate for the trafficking charge, given his role, his offending on bail and his guilty plea
2. What sentence was appropriate for the rioting charge, considering parity with co-offenders
3. What fine and disqualification were appropriate for drink driving, and when disqualification should begin

Holding

The court convicted the accused and sentenced him to 13 years' imprisonment and 10 strokes of the cane for trafficking, 1 year and 6 months' imprisonment and 3 strokes for rioting, run consecutively, and a fine of $6,000 (in default 2 weeks' imprisonment) for drink driving, with disqualification from driving for 34 months starting on his release. The aggregate was 14 years and 6 months' imprisonment and 13 strokes, backdated to 14 September 2020.

Reasoning

Applying Vasentha d/o Joseph v Public Prosecutor [2015] 5 SLR 122, the indicative starting point for 166.99g was 15 years' imprisonment and 11 strokes, at the top of the relevant band. His limited role under direction was balanced against offending while on bail, so a net reduction of 0.5 years and 1 stroke was made. His confession carried little weight because the evidence was overwhelming; his first-offender status was already built into the framework and, since he had worked for Jun Ren from August 2020, it was only the first time he was caught. Not evading detection, not being paid and the drugs being seized were not mitigating. A 10% plea discount gave 13 years after rounding.

For rioting, the court took 26 months' imprisonment and 3 strokes as the starting point. He was more culpable than a co-offender who used no weapon and got 17 months, and his claim to have tried to de-escalate was contradicted by his attempt to use a table. His earlier reformative training for armed rioting had not worked. A 30% plea discount was applied.

The drink driving fell within the second band of the framework in Rafael Voltaire Alzate v Public Prosecutor [2022] 3 SLR 993. Starting disqualification on conviction would have made it nugatory given the long prison term, and he had offended while already facing imprisonment. The overall sentence was proportionate.

From the judgment