PUBLIC PROSECUTOR v TAN KOK MING, MICHAEL

PUBLIC PROSECUTOR v TAN KOK MING, MICHAEL

The public service rationale is confined to protection of Singapore's public administration and therefore does not apply to bribery where the recipient or intended recipient is a foreign public official; bribery of foreign public officials is a distinct aggravating factor grounded in public interest and international obligations (eg UNCAC) and attracts a custodial starting point where present; it is inappropriate to create a single general sentencing framework for all ss 5 and 6 PCA offences given their factual diversity; on the facts, Tan's 4-month sentence was appropriate and upheld, and Kaur's sentence was increased to a global term of 40 months' imprisonment (with individual terms...

Citation
[2019] SGHC 207
Parties
Prosecution: Public Prosecutor; Accused: Tan Kok Ming, Michael; Accused: Gursharan Kaur Sharon Rachael
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
6 September 2019
Case Number
HC/MA 9187/2018/01
Procedural Posture
Criminal Appeal (magistrate's Appeal) / Sentencing Appeals and Cross Appeals; Judgment on Appeal
Outcome
Appeals dismissed in part and allowed in part: Tan's appeal dismissed and sentence of 4 months imprisonment upheld; Kaur's appeal dismissed but Prosecution's appeal against sentence allowed and Kaur's global sentence increased to 40 months' imprisonment.
Legal Topics
Sentencing Principles, Public Service Rationale, Bribery of Foreign Public Officials, Sentencing Framework for Ss 5 and 6 PCA, Judicial Mercy and Medical Grounds, Disgorgement and Fines
Source Language
English
Criminal Procedure and Sentencing Anti Corruption Law International Law Confiscation Law Sentencing Principles Public Service Rationale Bribery of Foreign Public Officials Sentencing Framework for Ss 5 and 6 PCA +2 more

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Parties

Public Prosecutor

Prosecution

Tan Kok Ming, Michael

Accused

Gursharan Kaur Sharon Rachael

Accused

Procedural Posture

Criminal Appeal (magistrate's Appeal) / Sentencing Appeals and Cross Appeals; Judgment on Appeal

Legal Issues

  1. 1 Whether the public service rationale applies to bribery where the recipient or intended recipient is a foreign public official
  2. 2 Whether bribery of foreign public officials should be treated as a distinct aggravating factor
  3. 3 Whether a general sentencing framework should be formulated for offences under ss 5 and 6 PCA and whether the Prosecution's banded framework is appropriate

Ratio Decidendi

The public service rationale is confined to protection of Singapore's public administration and therefore does not apply to bribery where the recipient or intended recipient is a foreign public official; bribery of foreign public officials is a distinct aggravating factor grounded in public interest and international obligations (eg UNCAC) and attracts a custodial starting point where present; it is inappropriate to create a single general sentencing framework for all ss 5 and 6 PCA offences given their factual diversity; on the facts, Tan's 4-month sentence was appropriate and upheld, and Kaur's sentence was increased to a global term of 40 months' imprisonment (with individual terms...

Court Disposition

Appeals dismissed in part and allowed in part: Tan's appeal dismissed and sentence of 4 months imprisonment upheld; Kaur's appeal dismissed but Prosecution's appeal against sentence allowed and Kaur's global sentence increased to 40 months' imprisonment.

Orders

  • Tan Kok Ming, Michael: appeal dismissed; custodial sentence of 4 months imprisonment upheld
  • Gursharan Kaur Sharon Rachael: accused's appeal dismissed; Prosecution's appeal allowed on sentence; impose sentences - 4th charge: 16 months imprisonment; 6th charge: 19 months imprisonment; 9th charge: 14 months imprisonment (concurrency/consecutivity as specified in judgment); 7th CDSA charge: 5 months...