LITTLITT Try LITT free
Singapore

Public Prosecutor v Sundaraju s/o Munusamy [2002] SGHC 158

The court held that for a charge under s 22(1)(a) of the Miscellaneous Offences (Public Order and Nuisance) Act, the prosecution need not prove that the accused intended to commit an offence or that the carrying of the instrument was related to the commission of an offence. The t

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Tan Lian Tiong [2002] SGHC 155

An appellate court will be slow to disturb the findings of a lower court unless they are clearly reached against the weight of evidence, and the prosecution must prove that the accused failed to keep a proper lookout based on the specific facts of the case.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Fazely bin Rahmat and Another [2002] SGHC 141

The court held that the prosecution failed to prove beyond reasonable doubt that the accused shared a common object to cause hurt with dangerous weapons, as the original common object was merely to pick a fight without weapons.

Sushant Shukla· ·12 min read
Singapore

Abu Syeed Chowdhury v Public Prosecutor [2002] SGHC 14

A custodial sentence is the applicable norm for offences of false representation under s 57(1)(k) of the Immigration Act, and a fine should only be warranted under exceptional circumstances.

Sushant Shukla· ·10 min read
Singapore

Balasubramanian Palaniappa Vaiyapuri v Public Prosecutor [2002] SGHC 12

The court held that the revisionary jurisdiction of the High Court should be invoked only if there was serious injustice, and that the plea of guilt was valid and unequivocal despite the petitioner's claim of intoxication.

Sushant Shukla· ·12 min read
Singapore

Tan Cheng Kwee v Public Prosecutor [2002] SGHC 118

Section 79(1) of the Road Traffic Act creates a strict liability offence regarding the driving of heavy motor vehicles exceeding four metres in height without a permit, as it pertains to public safety.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Saeng-Un Udom [2001] SGHC 9

The court held that the accused was the assailant based on his confession and forensic evidence, rejecting the defence's argument that the iron rod could not have caused the fatal injuries.

Sushant Shukla· ·13 min read
Singapore

Kong See Chew v Public Prosecutor [2001] SGHC 89

An abettor can be liable for abetment by intentional aiding even if the principal offence was not committed. The Haw Tua Tau test applies to determine if a prima facie case is established at the close of the prosecution's case.

Sushant Shukla· ·14 min read
Singapore

Lim Siong Khee v Public Prosecutor [2001] SGHC 69

The phrase 'without authority' in s 3(1) of the Computer Misuse Act is determined by the consent of the account holder, not the system provider.

Sushant Shukla· ·13 min read
Singapore

Sim Bok Huat Royston v Public Prosecutor [2001] SGHC 67

In Sim Bok Huat Royston v Public Prosecutor [2001] SGHC 67, the High Court dismissed the appeal against conviction and enhanced the sentence from nine to 18 months, ruling that the original term was manifestly inadequate for a police officer convicted of corruption.

Sushant Shukla· ·8 min read
Singapore

Soong Hee Sin v Public Prosecutor [2001] SGHC 50

A trial judge has no duty to advise an unrepresented accused on sentencing strategy, such as the relevance of restitution, as this would compromise the judge's impartiality.

Sushant Shukla· ·11 min read
Singapore

Public Prosecutor v Amran bin Eusuff and Another [2001] SGHC 376

The court held that the accused persons were guilty of drug trafficking based on the evidence, including their own statements and the circumstances of the transaction.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Thamayanthi [2001] SGHC 374

The court held that the accused did not have the requisite intention for murder under s 300(c) of the Penal Code as the injury caused was not likely to cause death in the ordinary course of nature.

Sushant Shukla· ·13 min read
Singapore

Highway Video Pte Ltd v Public Prosecutor (Lim Tai Wah) and other appeals [2001] SGHC 370

The High Court allowed the appellants' appeal, setting aside convictions for copyright and trade mark offences. The court ruled the prosecution failed to prove beyond reasonable doubt that the VCDs were unauthorised, clarifying the burden of proof in criminal intellectual property cases.

Sushant Shukla· ·9 min read
Singapore

Public Prosecutor v Lim Choo Song [2001] SGHC 366

The court found the accused guilty of importing diamorphine based on evidence and his own statements.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Anthony Ler Wee Teang and Another [2001] SGHC 361

The court held that Anthony Ler was guilty of abetting the murder of his wife by instigating Z, and that Z was guilty of murder, rejecting the defence of duress for murder.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Ramis A/L Muniandy [2001] SGHC 36

The court found the accused guilty of drug trafficking based on the evidence that the cannabis was found in his possession on his motorcycle, rejecting his defence that someone else had planted it.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Wan Kamil bin Md Shafian and Others [2001] SGHC 357

The court held that for s 34 of the Penal Code to apply, it is sufficient to prove that there was a common intention between all persons who committed the criminal act and that the act constituting the offence was done in furtherance of that common intention.

Sushant Shukla· ·13 min read
Singapore

Elizabeth Usha v Public Prosecutor [2001] SGHC 34

A non-owner occupier of premises can be found guilty of harbouring illegal immigrants if they perform a positive act of providing habitation and control the premises.

Sushant Shukla· ·14 min read
Singapore

Phua Mong Seng v Public Prosecutor [2001] SGHC 336

Knowingly making false or misleading statements to induce investment under s 404(1)(a) of the Companies Act warrants a custodial sentence, and the court may enhance sentences if they are manifestly inadequate.

Sushant Shukla· ·15 min read
Singapore

Tom-Reck Security Services Pte Ltd v Public Prosecutor [2001] SGHC 32

A corporate entity is not vicariously liable for the criminal acts of its employees unless the employee is the 'living embodiment' of the company or the act was performed within the scope of a properly delegated function of management.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Khwan-On Nathaphon [2001] SGHC 313

The court held that the accused failed to prove the defence of diminished responsibility on a balance of probabilities, as the medical evidence and the accused's conduct indicated he was fully conscious and in control of his faculties at the time of the offence.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Aw Kim Lye [2001] SGHC 305

The accused was convicted of drug trafficking under the Misuse of Drugs Act after being found in possession of diamorphine and failing to rebut the prosecution's evidence.

Sushant Shukla· ·12 min read
Singapore

Loh Kim Lan and Another v Public Prosecutor [2001] SGHC 3

The definition of 'employ' under the Immigration Act is wide enough to cover informal or freelance arrangements, and the presumption of knowledge under s 57(8) shifts the burden to the occupier to prove they did not know the worker was an immigration offender.

Sushant Shukla· ·12 min read