Public Prosecutor v Leong Wai Nam: Criminal Breach of Trust and Cheating by Advocate and Solicitor

In Public Prosecutor v Leong Wai Nam, the High Court of Singapore heard an appeal by the Public Prosecutor against the sentence imposed on Leong Wai Nam, an advocate and solicitor, for six charges of criminal breach of trust and cheating. The offences involved misappropriation of clients' funds and deceiving a client. The High Court allowed the appeal and enhanced the sentence, citing the need for deterrence in cases involving professional misconduct.

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

Leong Wai Nam, an advocate and solicitor, was convicted of criminal breach of trust and cheating. The Public Prosecutor's appeal led to an enhanced sentence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorAppellantGovernment AgencyAppeal AllowedWon
Lee Lit Cheng of Public Prosecutor
Ong Luan Tze of Public Prosecutor
Leong Wai NamRespondentIndividualSentence EnhancedLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Lee Lit ChengPublic Prosecutor
Ong Luan TzePublic Prosecutor
Leonard LooLeonard Loo LLP

4. Facts

  1. The respondent, an advocate and solicitor, misappropriated clients' funds.
  2. The respondent pleaded guilty to six charges of criminal breach of trust and cheating.
  3. The respondent misappropriated $48,000 in one instance of criminal breach of trust.
  4. The respondent cheated a client out of $4,300 by falsely claiming to have garnished bank accounts.
  5. The total amount involved in the 16 charges was $93,370.38.
  6. Partial restitution of $25,000 was made.
  7. The respondent lodged a police report against himself after being confronted by friends.

5. Formal Citations

  1. Public Prosecutor v Leong Wai Nam, MA 230/2009, [2009] SGHC 283

6. Timeline

DateEvent
Respondent became an advocate and solicitor
Respondent started working in 12 law firms
Respondent committed CBT of $1,500 as an agent
Respondent committed CBT of $1,300 as an agent
Respondent committed CBT of $4,000 as an agent
Respondent committed CBT of $1,800
Respondent committed CBT of $48,000 as an attorney
Respondent last practised as an advocate and solicitor
Respondent engaged by Lim Kek Lye to pursue debts
Respondent lodged a police report against himself
New Penal Code came into operation
Respondent cheated someone out of $4,300
Respondent's practising certificate expired
Respondent's imprisonment began
Decision Date

7. Legal Issues

  1. Criminal Breach of Trust
    • Outcome: The respondent was convicted of criminal breach of trust.
    • Category: Substantive
    • Related Cases:
      • [1990] SLR 1011
  2. Cheating
    • Outcome: The respondent was convicted of cheating.
    • Category: Substantive
  3. Sentencing Principles
    • Outcome: The court considered principles of deterrence, proportionality, and totality in enhancing the sentence.
    • Category: Procedural
    • Related Cases:
      • [2006] 4 SLR 10
      • [1992] 1 SLR 81

8. Remedies Sought

  1. Imprisonment

9. Cause of Actions

  • Criminal Breach of Trust
  • Cheating

10. Practice Areas

  • Criminal Litigation

11. Industries

  • Legal

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Kay Beng v PPUnknownYes[2006] 4 SLR 10SingaporeCited for the principle that a deterrent sentence should be tempered by proportionality and moral culpability.
Kanagasuntharam v PPUnknownYes[1992] 1 SLR 81SingaporeCited for the 'totality principle' to avoid imposing a 'crushing sentence'.
Wong Kai Chuen Philip v PPUnknownYes[1990] SLR 1011SingaporeCited for the principle that criminal breach of trust by a lawyer warrants a deterrent custodial sentence.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 1985 Rev Ed) s 409Singapore
Penal Code s 406Singapore
Penal Code (Cap 224, 2008 Rev Ed) s 420Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Criminal breach of trust
  • Cheating
  • Advocate and solicitor
  • Misappropriation
  • Deterrent sentence
  • Professional misconduct

15.2 Keywords

  • criminal breach of trust
  • cheating
  • advocate
  • solicitor
  • misappropriation
  • sentence
  • Singapore

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Breach of Trust95
Cheating90
Legal Ethics and Professional Responsibility90
Fraud and Deceit90
Criminal Procedure90
Professional Misconduct90
White Collar Crime85
Banking and Finance5
Agency Law5
Banking Law5
Corporate Law5
Contract Law5
Company Law5
Commercial Disputes5

16. Subjects

  • Criminal Law
  • Professional Responsibility