Goh Lee Yin v Public Prosecutor: Appeal Against Theft Sentence for Kleptomania

Goh Lee Yin appealed to the High Court of Singapore against a two-and-a-half-month imprisonment sentence for two charges of theft in dwelling under s 380 of the Penal Code. Goh, diagnosed with kleptomania, argued the sentence was manifestly excessive and sought probation. Yong Pung How CJ allowed the appeal on 9 December 2005, varying the sentence to 24 months' probation with conditions, citing the appellant's mental disorder and the potential for rehabilitation with strong family support.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against a custodial sentence for theft. The appellant, suffering from kleptomania, was granted probation due to her mental condition and strong family support.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedLost
Hay Hung Chun of Deputy Public Prosecutor
Goh Lee YinAppellantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes

4. Counsels

Counsel NameOrganization
Hay Hung ChunDeputy Public Prosecutor
Spencer GweeSpencer Gwee and Co

4. Facts

  1. Appellant pleaded guilty to two charges of theft in dwelling.
  2. Appellant consented to have four other charges taken into consideration.
  3. Appellant was diagnosed with kleptomania, an impulse control disorder.
  4. Appellant had been shoplifting since she was nine years old.
  5. Appellant had previously sought treatment for kleptomania but defaulted on follow-up treatment and medication.
  6. Appellant re-offended while on bail and pending the probation report.
  7. Appellant has a strong support system including family and boyfriend's parents.

5. Formal Citations

  1. Goh Lee Yin v Public Prosecutor, MA 112/2005, [2005] SGHC 226

6. Timeline

DateEvent
Appellant's father passed away.
Appellant was first arrested for shoplifting and let off with a warning.
Appellant was arrested in the US for theft.
Appellant sought help from a psychiatrist, Dr Tan Chue Tin, after being arrested for shoplifting.
Appellant committed a shoplifting offence.
Appellant committed two shoplifting offences.
Appellant committed two shoplifting offences and was arrested.
Appellant was charged in the Subordinate Courts.
Appellant was due to fly to the US to attend her boyfriend’s graduation ceremony.
Dr. Jerome Goh Hern Yee prepared a psychiatric report diagnosing the appellant with kleptomania.
Appellant tendered her resignation from Singapore Airlines.
Appeal first came before the court.
Appellant was arrested for theft of earrings from Isetan Departmental Store.
24-hour supervision plan was instituted.
Probation report was ready.
Parties came before the court again.
Appeal was allowed and sentence varied to probation.

7. Legal Issues

  1. Sentencing of Mentally Disordered Offenders
    • Outcome: The court held that probation was a more appropriate sentence than imprisonment, given the appellant's kleptomania and the strong support system in place for her rehabilitation.
    • Category: Substantive
    • Sub-Issues:
      • Appropriateness of custodial sentence
      • Suitability of probation
      • Consideration of mental disorder
      • Impact of mental disorder on deterrence
    • Related Cases:
      • [1995] 1 SLR 514
      • [2003] 3 SLR 178

8. Remedies Sought

  1. Appeal against custodial sentence
  2. Probation

9. Cause of Actions

  • Theft in Dwelling

10. Practice Areas

  • Criminal Law
  • Sentencing
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Siauw Yin Hee v PPHigh CourtYes[1995] 1 SLR 514SingaporeCited regarding the principle that individuals cannot use kleptomaniac tendencies as an excuse to commit crimes with abandon and to highlight the appellant's history of similar convictions.
Ng So Kuen Connie v PPHigh CourtYes[2003] 3 SLR 178SingaporeCited to support the principle that the element of deterrence in sentencing may be discounted in view of the appellant’s mental disorder.
PP v Mok Ping Wuen MauriceHigh CourtYes[1999] 1 SLR 138SingaporeCited for the judicial practice of requiring a probation report before sentencing a young offender and that rehabilitation is the dominant consideration where the offender is 21 years and below.
PP v Muhammad Nuzaihan bin Kamal LuddinHigh CourtYes[2000] 1 SLR 34SingaporeCited for the principle that the chances of effective rehabilitation are greater in the case of youthful criminals.
Wu Si Yuan v PPHigh CourtYes[2003] SGHC 7SingaporeCited to illustrate that probation may not be viable even in the case of a young offender if the circumstances are such that probation will not afford the offender a realistic opportunity to rehabilitate his or her life.
R v WiskichSupreme Court of South AustraliaYes[2000] SASC 64South AustraliaCited for the principle that the element of general deterrence can readily be given considerably less weight in the case of an offender suffering from a significant mental disorder who commits a minor crime, particularly if a causal relationship exists between the mental disorder and the commission of such an offence.
Juma’at bin Samad v PPCourt of AppealYes[1993] 3 SLR 338SingaporeCited to clarify that there is no minimum sentence prescribed by s 380 of the Penal Code.
Lee Kok Thong v PPHigh CourtYesMagistrate’s Appeal No 197 of 1991SingaporeCited as an example where probation was ordered on appeal in lieu of imprisonment for offences of theft in dwelling under s 380 of the Penal Code.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 380 Penal Code (Cap 224, 1985 Rev Ed)Singapore
Section 5(1) Probation of Offenders Act (Cap 252, 1985 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Kleptomania
  • Probation
  • Sentencing
  • Mental disorder
  • Rehabilitation
  • Theft in dwelling
  • Impulse control disorder
  • Supervision plan
  • Medication
  • Community service

15.2 Keywords

  • Kleptomania
  • Theft
  • Probation
  • Mental Disorder
  • Sentencing
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Kleptomania95
Sentencing90
Criminal Law80
Criminal Procedure70
Psychiatry60
Criminal Revision50
Personal Injury30
Torts20
Succession Law10
Trust Law5
Bankruptcy5
Contract Law5
Wills and Probate5

16. Subjects

  • Criminal Law
  • Sentencing
  • Mental Health Law