Lee Yuen Hong v Public Prosecutor: Abetment, Criminal Breach of Trust, and Appellate Review of Factual Findings
In Lee Yuen Hong v Public Prosecutor, the High Court of Singapore heard an appeal by Lee Yuen Hong against her conviction in the District Court for abetting criminal breach of trust. Lee was accused of conspiring with Don Wee to misappropriate $3,000 from their employer, United B&B Italia (Singapore) Pte Ltd. The High Court, presided over by Chief Justice Yong Pung How, allowed the appeal, finding that the prosecution had not proven beyond a reasonable doubt that Lee had engaged in a conspiracy with Don Wee or that she had a dishonest intention. The court set aside the original sentence of ten weeks' imprisonment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal against conviction allowed; sentence of ten weeks' imprisonment set aside.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against conviction for abetting criminal breach of trust. The High Court allowed the appeal, finding insufficient evidence of conspiracy and dishonest intent.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Lost | Sellakumaran Sellamuthoo of Deputy Public Prosecutor |
| Lee Yuen Hong | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sellakumaran Sellamuthoo | Deputy Public Prosecutor |
| Ang Sin Teck | Raja Loo & Chandra |
4. Facts
- Lee Yuen Hong and Don Wee were employees of United B&B Italia (Singapore) Pte Ltd.
- Lee Yuen Hong collected $35,000 from a customer, Peter Lim, on behalf of Albert Hong.
- Lee Yuen Hong handed the $35,000 to Don Wee, her supervisor.
- Lee Yuen Hong purchased a mobile phone for $1,287.50 using cash from Don Wee.
- Don Wee admitted that the cash given to Lee Yuen Hong came from the $35,000.
- Don Wee did not bank in the $35,000 on the next working day.
- Don Wee used the $35,000 for his own purposes and never returned it to B&B.
- Don Wee pleaded guilty to criminal breach of trust in respect of the $35,000.
- Lee Yuen Hong claimed she repaid the money to Don Wee with a cheque from her boyfriend, Clifford Tan.
- Don Wee denied receiving any part of the $3,000 from Lee Yuen Hong or anyone else.
5. Formal Citations
- Lee Yuen Hong v Public Prosecutor, MA 245/1999, [2000] SGHC 50
6. Timeline
| Date | Event |
|---|---|
| Lee Yuen Hong and Don Wee collected $35,000 from Albert Hong. | |
| Lee Yuen Hong purchased a mobile phone for $1,287.50 using cash from Don Wee. | |
| Don Wee did not bank in the $35,000. | |
| United B&B Italia (Singapore) Pte Ltd closed for Chinese New Year celebrations. | |
| United B&B Italia (Singapore) Pte Ltd resumed business. | |
| Lee Yuen Hong checked if Albert Hong had paid for the furniture and was told payment had not been made. | |
| Clifford Tan wrote a cash cheque for $2,000 to Lee Yuen Hong. | |
| Lee Yuen Hong filed a petition of appeal. | |
| Lee Yuen Hong filed a notice of motion for leave to adduce fresh evidence. | |
| High Court delivered its decision, allowing the appeal. |
7. Legal Issues
- Abetment
- Outcome: The court found that the prosecution had failed to establish beyond a reasonable doubt that the appellant had engaged in a conspiracy with Don Wee to commit the offence of criminal breach of trust.
- Category: Substantive
- Sub-Issues:
- Abetment by conspiracy
- Related Cases:
- [1994] 2 SLR 867
- Criminal Breach of Trust
- Outcome: The court found that Don Wee had a dishonest intention to cause temporary wrongful loss to B&B, but the appellant's dishonesty was not proven.
- Category: Substantive
- Sub-Issues:
- Dishonest misappropriation
- Temporary wrongful loss
- Related Cases:
- [1977] 1 MLJ 180
- Admissibility of Evidence
- Outcome: The court found that the trial judge placed undue emphasis on the appellant's apparent inconsistent state of mind and that the appellant's motion to adduce fresh evidence was not granted.
- Category: Procedural
- Sub-Issues:
- Previous inconsistent statement
- Use as evidence of facts stated
- Adducing additional evidence
- Related Cases:
- [1996] 1 SLR 143
- [1954] 3 All ER 745
- [1993] 3 SLR 338
- Intervention with findings of fact of trial judge
- Outcome: The court found that the trial judge's finding that there was a conspiracy was reached against the weight of evidence.
- Category: Procedural
- Related Cases:
- [1999] 3 SLR 93
- [1998] 2 SLR 704
- [1998] 1 SLR 300
8. Remedies Sought
- Appeal against Conviction
- Quashing of Sentence
9. Cause of Actions
- Abetment of Criminal Breach of Trust
10. Practice Areas
- Criminal Appeals
- White Collar Crime
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Hung Yeoh v PP | Court of Appeal | Yes | [1999] 3 SLR 93 | Singapore | Cited for the principle that an appellate court will not lightly disturb a trial judge's findings of fact unless the conviction is against the weight of the evidence. |
| PP v Azman bin Abdullah | Court of Appeal | Yes | [1998] 2 SLR 704 | Singapore | Cited for the principle that an appellate court will not lightly disturb a trial judge's findings of fact unless the conviction is against the weight of the evidence. |
| PP v Low Tiong Choon | Court of Appeal | Yes | [1998] 1 SLR 300 | Singapore | Cited for the principle that appellate intervention on a question of law requires an error of law in the court below. |
| PP v Yeo Choon Poh | High Court | No | [1994] 2 SLR 867 | Singapore | Cited for the principle that the essence of conspiracy is agreement and that direct evidence of it will rarely be available. |
| Lim Ah Poh v PP | High Court | Yes | [1992] 1 SLR 713 | Singapore | Cited for the principle that appellate intervention is justified when a trial judge's finding is reached against the weight of evidence. |
| Yau Heng Fang v PP | High Court | Yes | [1985] 2 MLJ 335 | Malaysia | Cited for the principle that appellate intervention is justified when a trial judge's finding is reached against the weight of evidence, even after considering the advantage the trial judge may have enjoyed by reason of having seen and heard the witnesses. |
| PP v Datuk Haji Harun bin Haji Idris | High Court | Yes | [1977] 1 MLJ 180 | Malaysia | Cited for the principle that dishonesty in the context of criminal breach of trust can be established even if the deprivation is temporary and there is no intention of permanent gain or loss. |
| Ladd v Marshall | Court of Appeal | Yes | [1954] 3 All ER 745 | England and Wales | Cited for the principles to be followed in deciding if additional evidence should be taken. |
| Juma`at bin Samad v PP | Court of Appeal | Yes | [1993] 3 SLR 338 | Singapore | Cited for the principles to be followed in deciding if additional evidence should be taken. |
| Chung Tuck Kwai v PP | Court of Appeal | Yes | [1998] 2 SLR 693 | Singapore | Cited for the principle that a liberal approach to applications to adduce fresh evidence is contrary to the adversarial system. |
| Fazal Din v PP | Court of Appeal | Yes | [1949] MLJ 123 | Malaysia | Cited for the principle that ordering a re-trial for the purposes of taking fresh evidence in this case would be tantamount to allowing the defence to take advantage of its own default. |
| Chan Chun Yee v PP | Court of Appeal | Yes | [1998] 3 SLR 638 | Singapore | Cited for the principle that the exception in Juma`at bin Samad v PP is invoked where a rejection of the fresh evidence would result in a miscarriage of justice. |
| Ng Kwee Leong v PP | Court of Appeal | Yes | [1998] 3 SLR 942 | Singapore | Cited for the principle that a discrepancy which had no direct bearing on the facts in issue was immaterial. |
| PP v Sng Siew Ngoh | High Court | Yes | [1996] 1 SLR 143 | Singapore | Cited for the principle that the court, in assessing the weight to be accorded to an inconsistent statement, shall have regard to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement. |
| Chean Siong Guat v PP | High Court | Yes | [1969] 2 MLJ 63 | Malaysia | Cited for the principle that absolute truth is beyond human perception and conflicting versions of an incident, even by honest and disinterested witnesses, is a common occurrence. |
| R v Lobell | Court of Criminal Appeal | Yes | [1957] 1 QB 547 | England and Wales | Cited for the principle that the prosecution was under no obligation to negative any defence or explanation until it was raised by the appellant. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224) s 408 | Singapore |
| Penal Code (Cap 224) s 109 | Singapore |
| Penal Code (Cap 224) s 107(b) | Singapore |
| Penal Code (Cap 224) s 24 | Singapore |
| Penal Code (Cap 224) s 403 | Singapore |
| Evidence Act (Cap 97) s 147(3) | Singapore |
| Evidence Act (Cap 97) s 147(5) | Singapore |
| Criminal Procedure Code s 257 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Abetment
- Criminal Breach of Trust
- Conspiracy
- Dishonest Intention
- Temporary Wrongful Loss
- Appellate Review
- Fresh Evidence
- Miscarriage of Justice
15.2 Keywords
- Abetment
- Criminal Breach of Trust
- Conspiracy
- Singapore
- High Court
- Appeal
- Evidence
- Dishonesty
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Criminal Procedure | 85 |
| Evidence | 80 |
| Abetment | 70 |
| Breach of Trust | 65 |
| Estoppel | 30 |
| Company Law | 10 |
16. Subjects
- Criminal Law
- Evidence
- Appeals
- Conspiracy
- Criminal Breach of Trust