Amir Hamzah v PP: Abetment of CBT & Retaining Stolen Property
In Amir Hamzah Bin Berang Kuty v Public Prosecutor, the High Court of Singapore heard an appeal against conviction and sentence for charges of abetting criminal breach of trust and retaining stolen property. The appellant, Amir Hamzah, was convicted in the district court for engaging in a conspiracy with Saravanan A/L Kaliannan to commit criminal breach of trust involving used platinum targets from Seagate Technology International, and for dishonestly retaining stolen platinum targets. The High Court dismissed the appeal, affirming the conviction and sentence.
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
Amir Hamzah was convicted of abetting criminal breach of trust and retaining stolen property. The High Court dismissed his appeal against conviction and 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 | Sia Aik Kor of Deputy Public Prosecutor |
| Amir Hamzah Bin Berang Kuty | Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sia Aik Kor | Deputy Public Prosecutor |
| K Mathialahan | Guna & Associates |
4. Facts
- The appellant was charged with abetting Saravanan in committing criminal breach of trust.
- Saravanan, an assistant technician at Seagate, was entrusted with used platinum targets.
- Saravanan misappropriated 48 used platinum targets with a value of about US$469,800.
- The appellant was also charged with dishonestly retaining two stolen ‘Tosoh’ platinum targets.
- Kumar, a driver for Heraeus, testified that the appellant instructed him to hide six platinum targets.
- The appellant claimed he was acting on the instructions of his superior, Ram, but did not call Ram as a witness.
- The trial judge found the appellant guilty on both charges.
5. Formal Citations
- Amir Hamzah Bin Berang Kuty v Public Prosecutor, MA 133/2002, [2002] SGHC 307
6. Timeline
| Date | Event |
|---|---|
| Appellant contacted Saravanan to steal used platinum targets from Seagate. | |
| Appellant bought two used ‘Tosoh’ targets from Saravanan. | |
| Saravanan passed used Heraeus targets to Kumar. | |
| Saravanan passed used Heraeus targets to Kumar. | |
| Appellant instructed Kumar to hide six used targets in the false ceiling. | |
| Saravanan met the appellant at Farmart Seafood Restaurant and was paid a final $1,000. | |
| Seagate investigator lodged a police report about missing used targets. | |
| Police raided the Heraeus office and recovered six targets. | |
| Saravanan was convicted and sentenced to four years’ imprisonment. | |
| High Court dismissed the appeal against conviction and sentence. |
7. Legal Issues
- Abetment
- Outcome: The court held that it is not necessary to prove the accused was the mastermind of the conspiracy to be convicted of abetment.
- Category: Substantive
- Criminal Breach of Trust
- Outcome: The court upheld the distinction between entrustment with the doing of a job and entrustment with property, but found that the facts of the case showed entrustment of both.
- Category: Substantive
- Sentencing
- Outcome: The court held that sentencing precedents are guidelines only and the value of property involved is not the sole factor in determining the sentence.
- Category: Procedural
- Accomplice Evidence
- Outcome: The court held that the evidence of an accomplice should be treated with caution, but can form the basis of a conviction.
- Category: Procedural
- Failure to Call Witness
- Outcome: The court held that the prosecution's failure to call a witness did not prejudice the accused's case.
- Category: Procedural
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Abetment of Criminal Breach of Trust
- Dishonest Retention of Stolen Property
10. Practice Areas
- Criminal Law
- Sentencing
- Evidence Law
11. Industries
- Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Hung Yeoh v PP | High Court | Yes | [1999] 3 SLR 93 | Singapore | Cited for the principle that a court may convict an accused person based on the uncorroborated evidence of an accomplice. |
| Chua Poh Kiat Anthony v PP | High Court | Yes | [1998] 2 SLR 713 | Singapore | Cited for the principle that the corroboration warning against an accomplice's evidence is no longer mandatory in law. |
| Kwang Boon Keong Peter v PP | High Court | Yes | [1998] 2 SLR 592 | Singapore | Cited for the principle that the corroboration warning against an accomplice's evidence is no longer mandatory in law. |
| Arts Niche Cyber Distribution Pte Ltd v PP | High Court | Yes | [1999] 4 SLR 111 | Singapore | Cited for the principle that an appellate court will not disturb a trial judge’s findings of fact, particularly when they are based on the assessment of credibility of witnesses. |
| Gopalakrishnan Vanitha v PP | High Court | Yes | [1999] 4 SLR 307 | Singapore | Cited to uphold the distinction between entrustment with the doing of a job and entrustment with property. |
| Yeo Choon Huat v PP | Court of Appeal | Yes | [1998] 1 SLR 217 | Singapore | Cited for the principle that an adverse inference should only be drawn if it is shown that the prosecution had withheld certain evidence which it possesses. |
| Lim Poh Eng v PP | High Court | Yes | [1992] 1 SLR 713 | Singapore | Cited for the principle that an appellate court will not disturb the findings of a trial judge unless the findings were against the weight of the evidence. |
| PP v Ng Tai Tee Janet & Anor | High Court | Yes | [2001] 1 SLR 343 | Singapore | Cited for the principle that the sentencing court is not fettered by the sentence meted out to the accomplice when deciding on the appropriate sentence for the accused persons. |
| Soong Hee Sin v PP | High Court | Yes | [2001] 2 SLR 253 | Singapore | Cited for the principle that the court's discretion is never restricted by the amount involved in sentencing accused persons on charges of criminal breach of trust. |
| Chua Tiong Tiong v PP | High Court | Yes | [2001] 3 SLR 425 | Singapore | Cited for the principle that the judges should give effect to the four general principles of retribution, deterrence, prevention and rehabilitation when passing out a sentence. |
| PP v Tan Fook Sum | High Court | Yes | [1999] 2 SLR 425 | Singapore | Cited for the principle that the judges should give effect to the four general principles of retribution, deterrence, prevention and rehabilitation when passing out a sentence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 107 | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) s 408 | Singapore |
| Penal Code s 411 | Singapore |
| Penal Code s 26 | Singapore |
| Evidence Act (Cap 97) s 135 | Singapore |
| Evidence Act s 116 illustration (b) | Singapore |
| Evidence Act s 116 illustration (g) | Singapore |
| Evidence Act s 60(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Abetment
- Criminal Breach of Trust
- Entrustment
- Stolen Property
- Accomplice
- Conspiracy
- Platinum Targets
15.2 Keywords
- Abetment
- Criminal Breach of Trust
- Stolen Property
- Singapore
- High Court
- Platinum
- Theft
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Offences | 90 |
| Abetment | 90 |
| Criminal Procedure | 85 |
| Evidence Law | 70 |
16. Subjects
- Criminal Law
- Evidence
- Sentencing