Luyono Lam v PP: Cash Movement Offences & Anti-Money Laundering Act
Luyono Lam, an Indonesian citizen and managing director of a money-changing business, appealed to the High Court of Singapore against his eight-month imprisonment sentence for three counts of violating s 48C(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act by moving cash exceeding $30,000 into and out of Singapore. The High Court, presided over by Chao Hick Tin JA, allowed the appeal on 24 May 2010, substituting the imprisonment term with a total fine of $24,000, finding the initial sentence manifestly excessive, considering Lam's legitimate business and lack of involvement in money laundering or terrorist activities.
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
Luyono Lam appealed against his imprisonment for moving cash exceeding $30,000 into/out of Singapore. The High Court substituted the sentence with a fine.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Lost | Kan Shuk Weng of Attorney-General’s Chambers |
| Luyono Lam | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kan Shuk Weng | Attorney-General’s Chambers |
| Harpal Singh | Harpal Mahtani Partnership |
| Gurdip Singh | Harpal Mahtani Partnership |
4. Facts
- The Appellant, an Indonesian citizen, is the managing director and shareholder of a money-changing business in Jakarta.
- The Appellant moved cash exceeding $30,000 into and out of Singapore on multiple occasions without declaring it.
- The Appellant was aware of the declaration requirement under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act.
- The Appellant claimed the cash movements were for legitimate business purposes.
- The total amount of cash involved in the seven charges was $3,236,172.
- The Appellant cooperated with investigations and produced money-changing receipts.
- The Appellant was found with numerous physical currencies which were in irregular denominations.
5. Formal Citations
- Luyono Lam v Public Prosecutor, Magistrate's Appeal No 386 of 2009, [2010] SGHC 158
- Public Prosecutor v Luyono Lam, , [2009] SGDC 459
6. Timeline
| Date | Event |
|---|---|
| Appellant moved cash exceeding prescribed amount into Singapore | |
| Appellant moved cash exceeding prescribed amount out of Singapore | |
| Appellant moved cash exceeding prescribed amount into Singapore | |
| Appellant moved cash exceeding prescribed amount out of Singapore | |
| Appellant moved cash exceeding prescribed amount into Singapore | |
| Appellant moved cash exceeding prescribed amount out of Singapore | |
| Appellant arrived in Singapore | |
| Appellant moved cash exceeding prescribed amount into Singapore | |
| Appellant arrested | |
| Hearing before the High Court | |
| Appeal allowed by the High Court |
7. Legal Issues
- Violation of s 48C(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
- Outcome: The High Court found the initial imprisonment sentence manifestly excessive and substituted it with a fine.
- Category: Substantive
- Sub-Issues:
- Failure to declare movement of cash exceeding prescribed amount
- Appropriateness of custodial sentence for cash movement offences
- Outcome: The High Court held that a custodial sentence was not warranted in this case, given the appellant's legitimate business and lack of involvement in money laundering or terrorist activities.
- Category: Procedural
8. Remedies Sought
- Appeal against imprisonment sentence
9. Cause of Actions
- Violation of s 48C(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
10. Practice Areas
- Criminal Appeals
11. Industries
- Finance
- Money Exchange
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR(R) 684 | Singapore | Cited for the principle that an appellate court should not interfere with a sentence meted out by the trial judge unless certain conditions are met. |
| Public Prosecutor v Lim Hoon Choo | N/A | Yes | [1999] 3 SLR(R) 803 | Singapore | Cited as a mitigating factor that the appellant came clean from the very outset. |
| Angliss Singapore Pte Ltd v Public Prosecutor | N/A | Yes | [2006] 4 SLR(R) 653 | Singapore | Cited as a mitigating factor that the appellant came clean from the very outset. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) | Singapore |
| s 48C(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act | Singapore |
| s 48C(2) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act | Singapore |
| s 48B(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act | Singapore |
| s 48A of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cash reporting regime
- Money-changing business
- Declaration requirement
- Specific deterrence
- General deterrence
- Money laundering
- Terrorist financing
- Bearer negotiable instrument
15.2 Keywords
- Cash movement
- Currency declaration
- Money laundering
- Singapore
- Corruption
- Drug trafficking
- Confiscation of benefits
- Money changer
17. Areas of Law
16. Subjects
- Criminal Law
- Monetary Offences
- Money Laundering
- Currency Control