Law Society of Singapore v Junaini bin Manin: Criminal Breach of Trust and Striking Off Advocate and Solicitor
In Law Society of Singapore v Junaini bin Manin, the High Court of Singapore ordered Junaini bin Manin, an advocate and solicitor, to be struck off the roll due to convictions for criminal breach of trust under s 409 of the Penal Code. The Law Society's application to make absolute an order to show cause was granted, as Junaini misappropriated significant sums from multiple clients. The court found his actions demonstrated a defect of character making him unfit for the profession.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Respondent struck off the roll and ordered to pay costs to the applicant.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Junaini bin Manin, an advocate and solicitor, was struck off the roll for criminal breach of trust involving misappropriation of clients' funds.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Statutory Board | Show cause order made absolute | Won | |
| Junaini bin Manin | Respondent | Individual | Struck off the roll | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | No |
| Tay Yong Kwang | Judge | Yes |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Daniel John | John Tan and Chan |
4. Facts
- Junaini bin Manin, an advocate and solicitor, misappropriated funds from multiple clients.
- The misappropriated funds totaled $1,360,185.12 across five charges.
- Junaini bin Manin used the misappropriated money for personal expenses, including housing and vehicle loans.
- Junaini bin Manin pleaded guilty to five charges of criminal breach of trust.
- Junaini bin Manin was sentenced to a total of seven years’ imprisonment.
- No restitution was made by Junaini bin Manin to his clients.
5. Formal Citations
- Law Society of Singapore v Junaini bin Manin, OS 493/2004, NM 40/2004, [2004] SGHC 200
6. Timeline
| Date | Event |
|---|---|
| Junaini bin Manin called to the Bar | |
| Junaini bin Manin became a partner at M/s Wong Khalis & Partners | |
| Junaini bin Manin formed partnership of M/s Junaini & Jailani | |
| Junaini bin Manin became sole proprietor of M/s Junaini & Co. | |
| Suratemin bin Ali lodged a police report against Junaini bin Manin | |
| Junaini bin Manin was arrested and remanded | |
| Junaini bin Manin pleaded guilty to five charges of criminal breach of trust | |
| Order to show cause made against Junaini bin Manin | |
| Law Society took out motion to make order absolute | |
| Junaini bin Manin served in Changi Prison | |
| Junaini bin Manin confirmed he did not wish to be heard | |
| Junaini bin Manin struck off the roll |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found that the respondent's criminal convictions for criminal breach of trust demonstrated a defect of character making him unfit for the legal profession.
- Category: Substantive
- Related Cases:
- [2004] 2 SLR 261
- [2003] 3 SLR 209
- [1999] 1 SLR 696
- [2004] 2 SLR 256
- Criminal Breach of Trust
- Outcome: The respondent was convicted of criminal breach of trust for misappropriating clients' funds.
- Category: Substantive
8. Remedies Sought
- Striking off the roll of advocates and solicitors
- Costs
9. Cause of Actions
- Criminal Breach of Trust
10. Practice Areas
- Professional Misconduct
- Criminal Breach of Trust
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Loh Wai Mun Daniel | High Court | Yes | [2004] 2 SLR 261 | Singapore | Cited for the principle that the court must accept criminal convictions as final and conclusive in show cause proceedings under the Legal Profession Act. |
| Law Society of Singapore v Wong Sin Yee | High Court | Yes | [2003] 3 SLR 209 | Singapore | Cited for the principle that the court must accept criminal convictions as final and conclusive. |
| Law Society of Singapore v Ravindra Samuel | High Court | Yes | [1999] 1 SLR 696 | Singapore | Cited for the principle that a solicitor convicted of a criminal offence involving fraud or dishonesty will almost invariably be struck off the roll. |
| Law Society of Singapore v Ezekiel Caleb Charles James | High Court | Yes | [2004] 2 SLR 256 | Singapore | Cited to demonstrate that dishonesty committed in the capacity of an advocate and solicitor is tantamount to professional suicide, even with mitigating factors. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 409 Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| s 83(1) Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| s 98(5) Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| s 103(3) Legal Profession Act (LPA) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal breach of trust
- Show cause
- Misappropriation
- Defalcation
- Advocate and solicitor
- Legal Profession Act
- Striking off
15.2 Keywords
- criminal breach of trust
- legal profession
- Law Society of Singapore
- Junaini bin Manin
- striking off
- misappropriation
- dishonesty
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Profession Act | 90 |
| Professional Misconduct | 70 |
| Criminal Law | 60 |
| Criminal Procedure | 50 |
| Fraud and Deceit | 40 |
| Company Law | 30 |
16. Subjects
- Legal Ethics
- Professional Responsibility
- Criminal Law