Compassionate Grounds
GET OUT OF JAIL EARLIER
Mum is HIV+, stepdad has AidsS'porean's jail term reduced from 8 to 6 months as he has to take care of sick family members, including a mentally-subnormal uncle
By Andre Yeo
November 05, 2006
HIS mother is HIV positive.
His stepfather has full-blown Aids.
And he has an uncle who is mentally subnormal.
On top of all this, Ng K H suffers from mental disorders himself.
Then he was sentenced to eight months in jail for drug abuse.
Yesterday he pleaded with the appeals court judge not to send him to jail.
His reason: I have to take care of my three sick family members.
Yes, his story is sad, said the judge.
But no, he can't escape jail.
Still, Justice Tay Yong Kwang did take take pity on Ng, 32, a financial services consultant.
He reduced Ng's sentence by two months.
Ng was hoping to have his earlier jail sentence for possession of a controlled drug amended to a fine instead.
His lawyer, Mr Wendell Wong, argued that Ng was the main caregiver of the family.
He is the legal guardian, appointed by the court, of his mentally-subnormal uncle.
Ng himself suffers from claustrophobia and panic disorder.
His troubles began on his birthday on 21 May when the Central Narcotics Bureau (CNB) raided a flat on Yishun Avenue 3, to find him and a male friend with a blue tablet.
Ng had gone to his friend's flat after celebrating his birthday at a party organised by his friends.
He admitted to CNB officers that the pill was his and he had taken it to the flat. It was found to be a Class A controlled drug and having it carries a maximum punishment of up to 10 years in jail or a fine of up to $20,000 or both.
On 29 Aug, Ng pleaded guilty in the Subordinate Courts to possession of a controlled drug. District Judge Roy Neighbour sentenced him to eight months in jail.
In the appeal hearing yesterday, Deputy Public Prosecutor April Phang argued that Ng should not be spared a jail term as Mr Neighbour had found that he was not on medication for his condition.
And he was also able to relieve stress by going out with friends and going on short holidays.
And there was 'nothing in the psychiatric report' which said that jail time would adversely affect him.
Ms Phang argued that there was a strong public interest to deter offences relating to controlled drugs.
She said Mr Neighbour had also noted that Ng was an adult offender, had received a tertiary education, and held a respectable job which showed he was someone with intelligence.
Mr Neighbour had added: 'He is certainly not a young and impulsive person who does not know any better.'
Mr Neighbour had also noted that Ng had not just consumed the drug himself, but taken it with his friend and had even sent an SMS to another man to join them.
BLIND
Mr Wong said his client's stepfather had been diagnosed with Aids in 1999 and has a collection of symptoms and infections.
His mother then went for blood tests and discovered she had HIV.
Since 2000, his stepfather's condition has deteriorated rapidly and he is now blind in one eye.
He also has chronic lung disease and needs expensive medication, treatment and regular hospitalisation.
Justice Tay said that while he was 'sympathetic' toward's Ng's plight, he did not condone drug consumption or possession.
But he reduced the jail term to six months on compassionate grounds.
His mother and stepfather declined to comment when The New Paper approached them at home yesterday.
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