Cheung Kan Lam v Public Prosecutor: Appeal Against Conviction for Housebreaking with Intent to Commit Theft
Cheung Kan Lam appealed to the High Court of Singapore against his conviction by District Judge Audrey Lim for two counts of housebreaking with intent to commit theft, offences under s 457 read with s 34 of the Penal Code. Cheung was tried jointly with accomplices Samuel Lam Kong Shan, Lam Chi Yu, and Yiu Pun Hwa. The High Court, presided over by Yong Pung How CJ, dismissed Cheung's appeal, finding no error in the trial judge's assessment of the evidence and upholding the conviction and sentence of three years’ imprisonment for each charge with the sentences to run consecutively.
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
Cheung Kan Lam appeals against his conviction for housebreaking with intent to commit theft. The High Court dismisses the appeal, finding the trial judge's assessment of evidence sound.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Cheung Kan Lam | Appellant | Individual | Appeal dismissed | Lost | Chung Ting Fai |
| Public Prosecutor | Respondent | Government Agency | Appeal dismissed | Won | Anandan Bala |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chung Ting Fai | Chung Tan & Partners |
| Anandan Bala | Deputy Public Prosecutor |
4. Facts
- Cheung faced two counts of housebreaking with intent to commit theft.
- The offences occurred at Christ The King Catholic Church and St Teresa Church in February 2002.
- Cheung was jointly tried with accomplices Samuel Lam Kong Shan, Lam Chi Yu and Yiu Pun Hwa.
- Lam confessed to participating in the church break-ins and implicated Cheung.
- Large sums of money were remitted to the bank accounts of Sam, Cheung, and Cheung’s wife around the time of the offences.
- Cheung claimed he was in Singapore for sightseeing and to look for sites to set up a food business.
5. Formal Citations
- Cheung Kan Lam v Public Prosecutor, MA 267/2002, [2003] SGHC 26
6. Timeline
| Date | Event |
|---|---|
| Christ The King Catholic Church burgled | |
| St Teresa Church burgled | |
| Lighthouse Evangelism Church burgled | |
| Cheung and accomplices arrested | |
| Lam confessed to church break-ins | |
| Lam led police to church sites | |
| Appeal dismissed |
7. Legal Issues
- Assessment of Evidence
- Outcome: The court found that the trial judge did not err in her assessment of the evidence.
- Category: Procedural
- Sub-Issues:
- Weight of evidence
- Admissibility of statements
- Reliability of witness testimony
- Related Cases:
- [1998] 2 SLR 704
- [1994] 1 SLR 135
- [2000] 4 SLR 58
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Housebreaking with intent to commit theft
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- Religious Institutions
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Azman bin Abdullah | Unknown | Yes | [1998] 2 SLR 704 | Singapore | Cited for the principle that an appellate court will not overturn findings of fact unless they are against the weight of evidence. |
| Chin Seow Noi & Ors v Public Prosecutor | Unknown | Yes | [1994] 1 SLR 135 | Singapore | Cited for the principle that a conviction can be sustained solely on the confession of a co-accused. |
| Yusof bin A Samad v Public Prosecutor | Unknown | Yes | [2000] 4 SLR 58 | Singapore | Cited for the principle that a retracted confession can still be relied upon for the truth of the facts therein, without the need for corroboration. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224) s 457 | Singapore |
| Penal Code (Cap 224) s 34 | Singapore |
| Evidence Act (Cap 97) s 30 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Housebreaking
- Common intention
- Accomplice
- Remittances
- Confession
- Voir dire
15.2 Keywords
- Housebreaking
- Theft
- Criminal Law
- Singapore
- Appeal
- Evidence
- Confession
16. Subjects
- Criminal Law
- Evidence
- Appeals
17. Areas of Law
- Criminal Procedure
- Sentencing