Public Prosecutor v Tan Cheng Yew and another appeal

Public Prosecutor v Tan Cheng Yew and another appeal

The court held extradition was based on the Requisition and German authorities confirmed extradition permitted prosecution on the factual circumstances; s 17 permits prosecution for offences provable on those facts; 'attorney' in s 409 includes advocates and solicitors; on objective assessment the Tan Family...

Source-derived case information.

Citation
[2012] SGHC 241
Parties
Appellant (ma 97/2011/01); Respondent (ma 97/2011/02): Public Prosecutor; Respondent (ma 97/2011/01); Appellant (ma 97/2011/02): Tan Cheng Yew
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
30 November 2012
Case Number
Magistrate's Appeals No 97 of 2011/01 and 97 of 2011/02
Procedural Posture
Criminal Appeals (conviction and Sentence) / High Court Decision on Magistrate's Appeals (appeal Against Conviction and Appeal Against Sentence)
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part and sentence increased to total 12 years' imprisonment, backdated to 22 October 2009.
Legal Topics
Criminal Breach of Trust (s 409), Cheating (s 420), Speciality Rule and S 17 Extradition Act, Statutory Interpretation of 'attorney', Entrustment in the Way of Business, General Deterrence in Professional Misconduct
Source Language
english
Criminal Law Extradition Law Sentencing Law Criminal Breach of Trust (s 409) Cheating (s 420) Speciality Rule and S 17 Extradition Act Statutory Interpretation of 'attorney' Entrustment in the Way of Business +1 more

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Parties

Public Prosecutor

Appellant (ma 97/2011/01); Respondent (ma 97/2011/02)

Tan Cheng Yew

Respondent (ma 97/2011/01); Appellant (ma 97/2011/02)

Procedural Posture

Criminal Appeals (conviction and Sentence) / High Court Decision on Magistrate's Appeals (appeal Against Conviction and Appeal Against Sentence)

Legal Issues

  1. 1 Whether extradition was based on the Requisition and whether speciality rule was breached (Issue 1 and 2)
  2. 2 Whether 'attorney' in s 409 includes an advocate and solicitor (Issue 3)
  3. 3 Whether the facts established CBT 'in the way of his business as an advocate and solicitor' (Issue 4)

Ratio Decidendi

The court held extradition was based on the Requisition and German authorities confirmed extradition permitted prosecution on the factual circumstances; s 17 permits prosecution for offences provable on those facts; 'attorney' in s 409 includes advocates and solicitors; on objective assessment the Tan Family entrusted the funds to TCY in the way of his business as their solicitor and he dishonestly converted them; the representations establishing s 420 were made and induced delivery; given gravity, breaches and need for professional deterrence the total sentence was increased to 12 years (backdated to extradition date).

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part and sentence increased to total 12 years' imprisonment, backdated to 22 October 2009.

Orders

  • Convictions on all four charges upheld
  • Sentence for First Charge (s 409) increased to 6 years' imprisonment