Wan Kim Hock v Public Prosecutor: Criminal Breach of Trust Appeal
Wan Kim Hock, the finance administration manager of Stoval Technologies, was convicted of criminal breach of trust under s 408 of the Penal Code. He appealed to the High Court of Singapore against his conviction and sentence. The High Court, presided over by Chief Justice Yong Pung How, dismissed the appeal, finding no merit in the arguments against the trial judge's findings of fact and the appropriateness of the sentence. The court affirmed the original sentence of 14 months imprisonment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Wan Kim Hock appeals against his conviction and sentence for criminal breach of trust. The High Court dismisses the appeal, affirming the original sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | G Kannan of Deputy Public Prosecutor |
| Wan Kim Hock | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| G Kannan | Deputy Public Prosecutor |
| Tang Gee Ni | Chia & Tang |
4. Facts
- Wan Kim Hock was the finance administration manager of Stoval Technologies.
- He was in charge of the petty cash account from August to December 2000.
- A new accounting software revealed discrepancies in the petty cash account.
- A S$10,000 payment voucher was not approved or signed by any director.
- A S$5,000 cheque payable to the petty cash account was not reflected in the statement of accounts.
- Wan Kim Hock admitted to a shortfall of $15,000 but denied taking the money.
- The trial judge found Wan Kim Hock to be evasive and untruthful.
5. Formal Citations
- Wan Kim Hock v Public Prosecutor, MA No 29 of 2002, [2002] SGHC 296
6. Timeline
| Date | Event |
|---|---|
| Wan Kim Hock placed in charge of the petty cash account at Stoval Technologies. | |
| New accounting software installed at Stoval Technologies, revealing discrepancies in the petty cash account. | |
| Wan Kim Hock resigned from Stoval Technologies. | |
| Kelvin discovered discrepancies in the petty cash account statement. | |
| High Court dismissed the appeal against conviction and sentence. |
7. Legal Issues
- Criminal Breach of Trust
- Outcome: The appellant was convicted of criminal breach of trust.
- Category: Substantive
- Appeal Against Findings of Fact
- Outcome: The court upheld the trial judge's findings of fact, stating that an appellate court should be slow to overturn such findings unless plainly wrong.
- Category: Procedural
- Related Cases:
- (1998) 2 SLR 704
- Appeal Against Sentence
- Outcome: The court found that the sentence was not manifestly excessive, considering the aggravating factors and the lack of restitution or remorse.
- Category: Procedural
- Related Cases:
- (1995) 3 SLR 252
- (2001) 2 SLR 253
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Criminal Breach of Trust
10. Practice Areas
- Criminal Litigation
11. Industries
- Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Azman bin Abdullah | High Court | Yes | (1998) 2 SLR 704 | Singapore | Cited for the principle that an appellate court should be slow to overturn a trial judge's findings of fact, especially when credibility of witnesses is involved. |
| Kuek Ah Lek v PP | High Court | No | (1995) 3 SLR 252 | Singapore | Cited regarding the principle that claiming trial should not prejudice the accused if there is a valid reason for doing so. |
| Soong Hee Sin v PP | High Court | No | (2001) 2 SLR 253 | Singapore | Cited by the appellant to argue that the sentence was manifestly excessive, but distinguished by the court due to different facts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 408 of the Penal Code, Cap 224 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal breach of trust
- Petty cash account
- Misappropriation
- Dishonest intention
- Findings of fact
- Sentencing
- Aggravating factors
- Lack of remorse
- Restitution
15.2 Keywords
- Criminal breach of trust
- Singapore
- High Court
- Appeal
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Breach of Trust | 80 |
| Criminal Law | 70 |
| Criminal Revision | 60 |
| Offences | 50 |
| Evidence | 50 |
| Fraud and Deceit | 40 |
| Estoppel | 30 |
| Summary Judgement | 20 |
| Negligent misrepresentation | 10 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Sentencing