Ang Jeanette v PP: Money Laundering Conviction Appeal under CDSA
Ang Jeanette appealed to the High Court of Singapore against her conviction and sentence on five charges under s 44(1)(a) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (CDSA). The High Court, Rajah JA, dismissed the appeals, holding that the prosecution had sufficiently proven that the moneys involved were benefits of criminal conduct and that Ang Jeanette had reasonable grounds to believe they were derived from criminal activity. The court emphasized the need for a purposive interpretation of the CDSA to combat money laundering effectively.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeals against conviction and sentence dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Ang Jeanette appeals conviction under CDSA for money laundering. The High Court dismisses the appeal, upholding the conviction and sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment Upheld | Won | Magdalene Huang of Attorney-General’s Chambers Christopher Ong Siu Jin of Attorney-General’s Chambers |
| Ang Jeanette | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| V K Rajah | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Magdalene Huang | Attorney-General’s Chambers |
| Christopher Ong Siu Jin | Attorney-General’s Chambers |
| Mohamed Baiross | Martin & Partners |
| Roderick Edward Martin | Martin & Partners |
| Vijay Kumar | Vijay Kumar & Co |
4. Facts
- Appellant received instructions from her brother, Richard, to follow instructions from 'Mike' regarding receiving and remitting money overseas.
- Appellant met Aloysious who withdrew money and handed it to her for remittance.
- Appellant remitted money through Yakadir Pte Ltd to Michael in Indonesia, as instructed by Mike.
- Appellant received a sum of money from Aloysious and handed it over to Mike at Marriott Hotel.
- Appellant used Richard's name for one remittance transaction.
- Appellant met 'James' (Kesslar) and passed him an envelope containing US$51,000.
- Appellant threw away her mobile phone after Aloysious informed her of police investigation.
5. Formal Citations
- Ang Jeanette v Public Prosecutor, Magistrate's Appeal No 148 of 2010, [2011] SGHC 100
6. Timeline
| Date | Event |
|---|---|
| Richard Ang released from prison. | |
| Richard Ang left Appellant's residence. | |
| Richard Ang contacted Appellant requesting assistance. | |
| US$473,000.00 transferred from Mark L Morris to Aloysious' DBS account. | |
| US$343,897.00 transferred from James McCormick to Aloysious' UOB account. | |
| US$894,871.17 transferred from Larry R Andrews to CityAds' SCB account. | |
| US$503,031.00 transferred from Larry R Andrews to Aloysious' SCB account. | |
| US$61,231.98 transferred from Richard D Kippes to Aloysious' OCBC account. | |
| CAD received information about fraudulent transfers from the US. | |
| Aloysious informed Appellant of police investigation. | |
| Roland James Kesslar convicted under s 39 of the CDSA. | |
| District Judge amended charges against the Appellant. | |
| District Judge rendered grounds of decision. | |
| Judgment reserved. | |
| High Court dismissed appeals against conviction and sentence. |
7. Legal Issues
- Interpretation of s 44(1)(a) of the CDSA
- Outcome: The court held that the prosecution must prove as part of the actus reus that the moneys involved were benefits of criminal conduct.
- Category: Substantive
- Sub-Issues:
- Requirement to prove the moneys involved were benefits of criminal conduct
- Elements of the actus reus of the offence
- Mens rea of the offence
- Related Cases:
- [2004] 1 WLR 3141
- [2009] 1 WLR 965
- [2007] 1 HKLRD 568
- Proof of Criminal Conduct
- Outcome: The court held that the prosecution must adduce particulars of the commission of a predicate offence or a class thereof, but does not need to prove all the constituent elements of a specific offence beyond a reasonable doubt.
- Category: Procedural
- Sub-Issues:
- Admissibility of evidence of criminal conduct
- Requirement for a foreign certificate for foreign serious offences
- Establishing a link between the belief as to the nature of the moneys and a specific predicate offence
- Related Cases:
- [2009] 1 WLR 980
- Meaning of 'Reasonable Grounds to Believe'
- Outcome: The court reiterated that having 'reason to believe' involved a 'lesser degree of conviction than certainty but a higher one than speculation', and that the court must assume the position of the actual individual involved but reason from that position like an objective reasonable man.
- Category: Substantive
- Related Cases:
- [2003] 1 SLR(R) 536
- [1993] 2 SLR(R) 733
- [2008] 2 SLR(R) 61
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Money Laundering
10. Practice Areas
- Criminal Litigation
11. Industries
- Banking
- Financial Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Jeanette Ang | District Court | Yes | [2010] SGDC 232 | Singapore | The District Judge's decision, which was appealed, is discussed and ultimately agreed with by the High Court. |
| Public Prosecutor v Low Kok Heng | High Court | Yes | [2007] 4 SLR(R) 183 | Singapore | Cited for the principle that a purposive approach is statutorily mandated in statutory construction. |
| R v Montila | House of Lords | Yes | [2004] 1 WLR 3141 | United Kingdom | Cited for its interpretation of 'knowing' and the requirement to prove that the property being dealt with was the proceeds of crime. |
| R v El-Kurd (Ussama Sammy) | Court of Appeal | Yes | [2001] Crim LR 234 CA (Crim Div) | United Kingdom | Cited for the proposition that the Vienna Convention was intended to provide a framework for minimum standards relating to the enforcement of the control of drugs, and a framework for international co-operation. |
| Oei Hengky Wiryo v HKSAR (No 2) | Hong Kong Court of Final Appeal | Yes | [2007] 1 HKLRD 568 | Hong Kong | Distinguished based on differences in the wording of money laundering legislation in Hong Kong and Singapore. |
| R v W(N) and others | English Court of Appeal | Yes | [2009] 1 WLR 965 | United Kingdom | Applied the principle from Montila, holding that a charge under s 327 of the 2002 POCA could only be sustained if the Prosecution could prove that the money involved was actually criminal property. |
| HKSAR v Wong Ping Shui & Another | Hong Kong Court of Final Appeal | Yes | [2001] 1 HKLRD 346 | Hong Kong | Cited as an example of Hong Kong courts holding that the Prosecution is not required to prove that the moneys involved are the proceeds of crime. |
| HKSAR v Yam Ho Keung | Unknown | Yes | [2002] HKCU 1230 | Hong Kong | Cited as an example of Hong Kong courts holding that the Prosecution is not required to prove that the moneys involved are the proceeds of crime. |
| R v Anwoir and others | English Court of Appeal | Yes | [2009] 1 WLR 980 | United Kingdom | Cited for the principle that the Crown could prove that property was 'criminal property' either by showing that it derived from a specific kind of unlawful conduct or by evidence of the circumstances in which the property had been handled which were such as to 'give rise to the irresistible inference that it can only be derived from crime'. |
| R v F | Unknown | Yes | [2009] Crim LR 45 | United Kingdom | Reiterated the view in Anwoir. |
| Ahmad v HM Advocate | Scottish High Court of Justiciary | Yes | 2009 SLT 794 | Scotland | Sets out with great clarity the current English position. |
| Ow Yew Beng v Public Prosecutor | High Court | Yes | [2003] 1 SLR(R) 536 | Singapore | Cited for the meaning of 'reason to believe'. |
| Koh Hak Boon and others v Public Prosecutor | High Court | Yes | [1993] 2 SLR(R) 733 | Singapore | Cited for the test of 'reasonable man'. |
| Public Prosecutor v Wang Ziyi Able | High Court | Yes | [2008] 2 SLR(R) 61 | Singapore | Cited for the test of 'reasonable man'. |
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 |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 44(1)(a) | Singapore |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 2(1) | Singapore |
| Drug Trafficking (Confiscation of Benefits) Act (Cap 84A, 1993 Rev Ed) | Singapore |
| Corruption (Confiscation of Benefits) Act (Cap 65A, 1990 Rev Ed) | Singapore |
| Drug Trafficking Offences Act 1986 (c 32) s 24(1)(a) | United Kingdom |
| Drug Trafficking Act 1994 (c 37) s 49(2) | United Kingdom |
| Criminal Justice Act 1988 (c 33) s 93C(2) | United Kingdom |
| Proceeds of Crime Act 2002 (c 29) | United Kingdom |
| Proceeds of Crime Act 2002 (c 29) s 327 | United Kingdom |
| Proceeds of Crime Act 2002 (c 29) s 329 | United Kingdom |
| Proceeds of Crime Act 2002 (c 29) s 326 | United Kingdom |
| Proceeds of Crime Act 2002 (c 29) s 328(1) | United Kingdom |
| Proceeds of Crime Act 2002 (c 29) s 340(4) | United Kingdom |
| Organized and Serious Crimes Ordinance (Cap 455, LN 145 of 2002) s 25(1) | Hong Kong |
| Penal Code (Cap 224, 2008 Rev Ed) s 378 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 415 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 410(1) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 411(1) | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 5 | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 37(1) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 148 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- CDSA
- Money Laundering
- Benefits of Criminal Conduct
- Reasonable Grounds to Believe
- Predicate Offence
- Foreign Serious Offence
- Actus Reus
- Mens Rea
- Facilitation
- Arrangement
15.2 Keywords
- Money Laundering
- CDSA
- Criminal Conduct
- Singapore
- High Court
- Appeal
- Conviction
- Sentence
17. Areas of Law
16. Subjects
- Criminal Law
- Money Laundering
- Banking Law