PP v Lim Teck Choon: Appeal Against Fine for Attempting to Bribe Police Officer under Prevention of Corruption Act
The Public Prosecutor appealed against the District Judge's decision to fine Lim Teck Choon $15,000 for attempting to bribe a police officer, Sergeant Pah Wenxiang, under Section 6(b) of the Prevention of Corruption Act. The High Court, presided over by V K Rajah JA, allowed the appeal on January 6, 2009, setting aside the fine and imposing a six-week imprisonment term, emphasizing the need for a firm stance against corruption to maintain the integrity of the police force. The court found that the District Judge erred in giving undue weight to mitigating factors and that a custodial sentence was warranted in this case.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Public Prosecutor appealed against the fine imposed on Lim Teck Choon for attempting to bribe a police officer, arguing for a custodial sentence. The High Court allowed the appeal, imposing a six-week imprisonment term.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Lee Jwee Nguan of Attorney-General’s Chambers |
| Lim Teck Choon | Respondent | Individual | Fine Replaced with Imprisonment | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| V K Rajah | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lee Jwee Nguan | Attorney-General’s Chambers |
| Letchamanan Devadason | Steven Lee, Dason & Khoo |
| Mahtani Bhagwandas | Harpal Mahtani Partnership |
4. Facts
- Lim Teck Choon offered a favor to Sergeant Pah Wenxiang to avoid police action for dangerous driving.
- Lim Teck Choon made the offer in Mandarin, stating, 'Next time you come to Malaysia, I will take care of you, still got benefits'.
- Sergeant Pah Wenxiang reported the corrupt offer to his superiors and the Corrupt Practices Investigation Bureau.
- Lim Teck Choon pleaded guilty to the charge under Section 6(b) of the Prevention of Corruption Act.
- The District Judge initially sentenced Lim Teck Choon to a fine of $15,000.
- Lim Teck Choon had committed a traffic offence of dangerous driving.
- Lim Teck Choon acknowledged driving against the flow of traffic to avoid a jam.
5. Formal Citations
- Public Prosecutor v Lim Teck Choon, MA 200/2008, [2009] SGHC 3
- PP v Lim Teck Choon, , [2008] SGDC 322
6. Timeline
| Date | Event |
|---|---|
| Lim Teck Choon offered a bribe to Sergeant Pah Wenxiang | |
| Trial commenced | |
| Lim Teck Choon pleaded guilty | |
| Lim Teck Choon was sentenced for dangerous driving | |
| Lim Teck Choon was fined $15,000 | |
| High Court allowed the appeal and imposed a six-week imprisonment term |
7. Legal Issues
- Bribery
- Outcome: The court held that the respondent's actions constituted an attempt to bribe a police officer, warranting a custodial sentence.
- Category: Substantive
- Related Cases:
- [1998] 2 SLR 522
- [2001] 3 SLR 425
- [2007] 2 SLR 814
- [1999] 4 SLR 343
- [2001] 1 SLR 692
- [2006] SGDC 66
- Sentencing
- Outcome: The court determined that the appropriate sentence for attempting to bribe a police officer is a custodial sentence, unless exceptional circumstances exist.
- Category: Procedural
- Related Cases:
- [1998] 2 SLR 522
- [2001] 3 SLR 425
- [2007] 2 SLR 814
- [1999] 4 SLR 343
- [2001] 1 SLR 692
- [2006] SGDC 66
8. Remedies Sought
- Custodial Sentence
9. Cause of Actions
- Breach of Prevention of Corruption Act Section 6(b)
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Meeran bin Mydin v PP | High Court | Yes | [1998] 2 SLR 522 | Singapore | Cited for the principle that acts of corruption must be effectively and decisively dealt with to prevent undermining the foundation of the country. |
| Chua Tiong Tiong v PP | High Court | Yes | [2001] 3 SLR 425 | Singapore | Cited for emphasizing the grave public interest at stake in eradicating corruption, especially when public servants are involved. |
| PP v Law Aik Meng | High Court | Yes | [2007] 2 SLR 814 | Singapore | Cited for the principle that the dominant choice of sentence in advancing the public interest is the deterrent sentence. |
| Xia Qin Lai v PP | High Court | Yes | [1999] 4 SLR 343 | Singapore | Cited for the principle that the length of the custodial sentence should be a not insubstantial one to deter like-minded persons, but not so much as to be unjust in the circumstances of the case. |
| PP v Chew Suang Heng | High Court | Yes | [2001] 1 SLR 692 | Singapore | Cited for the principle that offering a bribe to a police officer without solicitation warrants the imposition of a custodial sentence. |
| Lu Xiaobin v PP | District Court | No | [2006] SGDC 66 | Singapore | Referred to by the District Judge as an authority lending support to her view that a custodial sentence need not be invariably imposed in respect of all s 6(b) PCA offences involving police officers. The High Court in this case stated that this decision should be treated as being confined to its particular facts and ought not be regarded by the lower courts as signalling a new point of departure from what is now the settled sentencing practice for addressing attempts to bribe police officers or other public servants. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 6(b) | Singapore |
| Road Traffic Act (Cap 276) s 64(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Corruption
- Bribery
- Public Officer
- Gratification
- Inducement
- Custodial Sentence
- General Deterrence
- Prevention of Corruption Act
- Traffic Offence
- Dangerous Driving
15.2 Keywords
- Corruption
- Bribery
- Singapore
- Criminal Law
- Sentencing
- Police
- Prevention of Corruption Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Prevention of Corruption Act | 95 |
| Sentencing | 85 |
| Criminal Procedure | 80 |
| Criminal Law | 75 |
| Road Traffic Law | 65 |
| Offences | 60 |
16. Subjects
- Criminal Law
- Corruption
- Sentencing