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AB PARTNERS PTE LTD v PUBLIC PROSECUTOR

The court held that criminal revision is not an appeal and should only be exercised if there is substantial injustice. The court found that there was a reasonable basis for the continued seizure of funds for investigation purposes, and the applicant failed to prove lawful entitle

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Mohsen Bin Na'im [2016] SGHC 150

The accused failed to rebut the presumption of knowledge under s 18(2) of the Misuse of Drugs Act as he turned a blind eye to the contents of the bags despite suspicious circumstances.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Koh Wen Jie Boaz

A second sentence of probation is not automatically precluded for a youthful offender who reoffends while on probation, but it is a weighty factor militating against it, and the court must conduct a fact-sensitive inquiry to determine if rehabilitation remains the primary conside

Sushant Shukla· ·14 min read
Singapore

PUBLIC PROSECUTOR v Ewe Pang Kooi

A person is a 'professional agent' under s 409 of the Penal Code if they offer agency services to the community at large for remuneration, and the entrustment of property occurs in the course of their commercial activities as such.

Sushant Shukla· ·14 min read
Singapore

Edwin s/o Suse Nathen v Public Prosecutor

The court established a sentencing framework for first-time offenders under s 67(1)(b) of the Road Traffic Act, categorised by alcohol concentration levels, and clarified that the absence of aggravating factors is a neutral factor, not a mitigating one.

Sushant Shukla· ·14 min read
Singapore

Singapore Medical Council v Kwan Kah Yee

The court held that improper death certification is a serious professional misconduct involving dishonesty, and that sentencing for such offences should be stern to reflect public interest and deterrence, departing from lenient precedents.

Sushant Shukla· ·14 min read
Singapore

Vasentha d/o Joseph v Public Prosecutor

The court held that sentencing for drug trafficking must consider both the quantity of drugs (harm) and the culpability of the offender, and that quantity alone is not the sole determinant.

Sushant Shukla· ·16 min read
Singapore

PUBLIC PROSECUTOR v RIDHAUDIN RIDHWAN BIN BAKRI & 3 Ors

The court held that the accused persons were guilty of sexual offences as the complainant was severely intoxicated and lacked the capacity to consent, and the accused persons' claims of consensual sexual activity were not credible.

Sushant Shukla· ·18 min read
Singapore

Public Prosecutor v Koh Wen Jie Boaz [2015] SGHC 277

A second sentence of probation is not precluded for a youthful offender who reoffends while on probation, but it is a weighty factor militating against it, and reformative training is often the more appropriate sentence to balance rehabilitation with deterrence.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Vitria Depsi Wahyuni

The court held that an increase in the maximum statutory penalty for an offence does not necessitate an automatic increase in the sentence imposed for that offence.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Lim Choon Teck [2015] SGHC 265

The court held that a custodial sentence is generally warranted for rash cycling on pavements that endangers human life or personal safety, with the starting point being a short custodial sentence, calibrated by the degree of rashness, injury, and plea of guilt.

Sushant Shukla· ·13 min read
Singapore

Tuan Foo Pao (alias Chong Fook Pao) v Public Prosecutor

The court affirmed the trial judge's findings of fact regarding the appellant's disorderly conduct and assault, noting that a high level of decorum is expected in and near the vicinity of any courtroom.

Sushant Shukla· ·14 min read
Singapore

Loo Pei Xiang Alan v Public Prosecutor [2015] SGHC 217

The quantity of drugs trafficked is a primary determinant in sentencing, even for repeat offenders, and sentencing judges should avoid double-counting antecedents already accounted for in mandatory minimum sentencing regimes.

Sushant Shukla· ·13 min read
Singapore

Winston Lee Siew Boon v Public Prosecutor [2015] SGHC 186

In Winston Lee Siew Boon v Public Prosecutor, the High Court of the Republic of Singapore addressed issues of Criminal Law — Offences, Criminal Procedure — Sentence.

Sushant Shukla· ·9 min read
Singapore

Public Prosecutor v Chang Kar Meng [2015] SGHC 165

The court held that consecutive sentences are appropriate for rape and robbery offences as they involve distinct invasions of different legally protected interests (bodily integrity and property).

Sushant Shukla· ·13 min read
Singapore

Christanto Radius v Public Prosecutor

The High Court has the power to grant bail to fugitives facing extradition proceedings either under s 97 of the Criminal Procedure Code 2010 or by invoking its inherent jurisdiction.

Sushant Shukla· ·14 min read
Singapore

Yusran bin Yusoff v Public Prosecutor [2014] SGHC 74

In Yusran bin Yusoff v Public Prosecutor, the High Court of the Republic of Singapore addressed issues of Criminal Law — Statutory offences, Criminal Procedure — Sentencing.

Sushant Shukla· ·9 min read
Singapore

Adili Chibuike Ejike v Public Prosecutor

An applicant for judicial review of the Public Prosecutor's decision not to issue a substantive assistance certificate under s 33B(2)(b) of the MDA must establish a prima facie case of bad faith or malice. Good faith cooperation by the offender is not a necessary or sufficient ba

Sushant Shukla· ·14 min read
Singapore

PUBLIC PROSECUTOR v Ravan s/o Samubil & 2 Ors

The court applied the Suventher sentencing framework for drug trafficking, adjusting the starting point based on the offender's culpability and role in the criminal enterprise.

Sushant Shukla· ·14 min read
Singapore

Mehra Radhika v Public Prosecutor [2014] SGHC 214

The court established a sentencing framework for the offence of arranging a marriage of convenience under s 57C(2) of the Immigration Act, emphasizing factors such as the circumstances of the offence, the role and motivation of the offender, and the legislative intent for deterre

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Lim Ghim Peow [2014] SGHC 19

In sentencing for culpable homicide not amounting to murder where the offender suffers from a mental disorder, the court must balance public interest and the offender's condition, with retribution being the primary principle when the crime is heinous and premeditated.

Sushant Shukla· ·13 min read
Singapore

ROSLAN BIN BAKAR v PUBLIC PROSECUTOR

A low IQ level alone is not evidence of an abnormality of mind for the purposes of s 33B(3) of the Misuse of Drugs Act.

Sushant Shukla· ·12 min read
Singapore

Nandakishor s/o Raj Pat Ahir v Public Prosecutor [2014] SGHC 121

The variance of urine test results should be calculated by dividing the deviation of each result from the mean by the mean, expressed as a percentage. A variance within 20% is acceptable under international forensic standards.

Sushant Shukla· ·14 min read
Singapore

PUBLIC PROSECUTOR v Gobi A/L Avedian

The court held that the presumption of knowledge under s 18(2) of the MDA can be rebutted if the accused provides a credible account, on a balance of probabilities, that they believed the substance was something other than the controlled drug charged.

Sushant Shukla· ·14 min read