Varatharajah Rajaselvan v PP: Appeal Out of Time for Counterfeit Currency Conviction
Varatharajah Rajaselvan applied to the High Court of Singapore for leave to appeal out of time against his conviction on five charges related to possession and sale of counterfeit Indian currency. Chan Sek Keong CJ dismissed the motion, finding the explanation for the delay insufficient and the appeal without merit, noting the overwhelming evidence against Rajaselvan and his failure to provide a credible defense.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Criminal motion dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Varatharajah Rajaselvan sought leave to appeal out of time against his conviction for possessing and selling counterfeit Indian currency. The High Court dismissed his motion, finding his explanation for the delay insufficient and the appeal without merit.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Motion Dismissed | Won | Francis Ng of Attorney-General’s Chambers |
| Varatharajah Rajaselvan | Applicant | Individual | Criminal motion dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Francis Ng | Attorney-General’s Chambers |
4. Facts
- The applicant was convicted on five charges involving possession and sale of counterfeit Indian bank notes.
- The applicant claimed he received the Indian notes from one Bachu and did not know they were counterfeit.
- The District Judge found the applicant guilty after a three-day trial.
- The applicant applied for leave to appeal out of time, 27 months after his conviction.
- The applicant claimed a discrepancy in the number of counterfeit notes between two reports.
- The applicant alleged the District Judge initially ordered the Indian notes to be sent to the Reserve Bank of India for testing but later did not.
- The applicant was arrested after attempting to sell the counterfeit notes to moneychangers.
5. Formal Citations
- Varatharajah Rajaselvan v Public Prosecutor, Cr M 11/2009, [2009] SGHC 103
6. Timeline
| Date | Event |
|---|---|
| Applicant sold counterfeit Indian notes. | |
| Applicant sold counterfeit Indian notes. | |
| Applicant sold counterfeit Indian notes. | |
| Applicant was found in possession of counterfeit Indian notes and arrested. | |
| Imprisonment began. | |
| Trial began. | |
| Trial continued. | |
| District Judge found applicant guilty. | |
| Applicant wrote to the Registrar of the Supreme Court for an extension of time to file his appeal. | |
| Criminal motion filed by the applicant. | |
| Applicant filed written submissions. | |
| Judgment reserved. |
7. Legal Issues
- Appeal Out of Time
- Outcome: The court found that the applicant did not provide an acceptable explanation for the delay and that the appeal had no prospect of success.
- Category: Procedural
- Sub-Issues:
- Sufficiency of explanation for delay
- Prospect of success of appeal
8. Remedies Sought
- Leave to appeal out of time
- Reversal of conviction
9. Cause of Actions
- Possession of counterfeit currency
- Selling counterfeit currency as genuine
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Hong Kheng v PP | High Court | Yes | [2006] 3 SLR 358 | Singapore | Cited for the established tests in determining whether to allow a criminal motion for leave to appeal out of time. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 489C of the Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| s 489B of the Penal Code | Singapore |
| s 122(6) of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| s 122(5) of the Criminal Procedure Code | Singapore |
| s 250 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Counterfeit Indian notes
- Appeal out of time
- Criminal motion
- District Judge
- Moneychanger
- Commercial Affairs Department
- Health Sciences Authority
15.2 Keywords
- counterfeit currency
- criminal appeal
- Singapore
- High Court
- out of time
- possession
- selling
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Procedure | 90 |
| Counterfeit Currency | 90 |
| Sentencing | 80 |
| Offences | 70 |
| Criminal Revision | 60 |
| Admissibility of evidence | 50 |
| Evidence Law | 40 |
| Falsification of Documents | 40 |
| Adverse inferences | 30 |
| Theft | 30 |
16. Subjects
- Criminal Law
- Counterfeiting
- Criminal Procedure