Xu Zhaohe v Public Prosecutor: Appeal Against Custodial Sentence for Using Another's Identity Card
Xu Zhaohe appealed to the High Court of Singapore against a two-month imprisonment sentence imposed by the District Court for using his wife's identity card to attempt to enter a casino, an offence under s 13(2)(b) of the National Registration Act. Chan Sek Keong CJ allowed the appeal on 12 June 2012, substituting the custodial sentence with a fine of $3,000, finding the imprisonment wrong in principle and manifestly excessive. The court considered the context of self-exclusion orders and the appellant's gambling compulsion.
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
Appeal against custodial sentence for using another's identity card. The High Court substituted the sentence with a fine, deeming imprisonment inappropriate.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Lost | Lost | Charlene Tay Chia of Attorney-General’s Chambers |
| Xu Zhaohe | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Charlene Tay Chia | Attorney-General’s Chambers |
| Anthony Lim Heng Yong | Anthony Law Corporation |
| Awyong Leong Hwee | Anthony Law Corporation |
4. Facts
- Appellant was subject to a self-exclusion order applied for by his son.
- Appellant attempted to use his wife's I/C to enter the casino at Resorts World Sentosa.
- Appellant's wife had paid the levy and handed her I/C to the appellant for safekeeping.
- Appellant encountered difficulties scanning his wife's I/C at the casino's gantry.
- The District Judge sentenced the appellant to two months’ imprisonment for the National Registration Act offence.
- Parliament decided not to criminalise breaches of self-exclusion orders.
5. Formal Citations
- Xu Zhaohe v Public Prosecutor, Magistrate's Appeal No 34 of 2012, [2012] SGHC 124
6. Timeline
| Date | Event |
|---|---|
| Self-exclusion order applied for on appellant's behalf by his son. | |
| Appellant caught attempting to use his wife’s I/C to enter the casino at Resorts World Sentosa. | |
| High Court set aside the custodial sentence and substituted a fine of $3,000. |
7. Legal Issues
- Appropriateness of Custodial Sentence
- Outcome: The High Court found the custodial sentence to be wrong in principle, inappropriate, and manifestly excessive, and substituted it with a fine.
- Category: Substantive
- Sub-Issues:
- Manifestly excessive sentence
- Wrong sentencing principle
- Related Cases:
- [2012] SGDC 60
- [2006] SGDC 184
- [2010] SGDC 53
- [2008] SGDC 353
- [2005] SGHC 176
- Use of Another's Identity Card
- Outcome: The court acknowledged that the use of another person's identity card without lawful authority is an offence, but its gravity depends on the purpose for which it is used.
- Category: Substantive
- Breach of Self-Exclusion Order
- Outcome: The court considered the role of self-exclusion orders and the fact that breaches of such orders are not criminalized under the Casino Control Act.
- Category: Substantive
8. Remedies Sought
- Appeal against custodial sentence
9. Cause of Actions
- Violation of National Registration Act s 13(2)(b)
- Attempt to enter a casino without paying the levy under s 116(6) of the Casino Control Act
10. Practice Areas
- Criminal Appeals
11. Industries
- Gambling
- Casinos
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Tan Woon Kheng | District Court | Yes | [2006] SGDC 184 | Singapore | Cited by the District Judge to emphasize the seriousness of possessing another person's identity card for unlawful purposes, but the High Court found this reliance to be out of context. |
| Public Prosecutor v Xu Zhaohe | District Court | Yes | [2012] SGDC 60 | Singapore | This is the District Court's decision that is being appealed. The High Court refers to this decision extensively. |
| Public Prosecutor v Tan Wei Shin | District Court | Yes | [2010] SGDC 53 | Singapore | Cited as a case where the accused used a stolen identity card to apply for a mobile phone plan, resulting in a custodial sentence, for comparison purposes. |
| Badahul Zaman Bin Abu Bakar v Public Prosecutor | District Court | Yes | [2008] SGDC 353 | Singapore | Cited as a case where the accused used his former mother-in-law’s identity card to apply for a mobile phone number, resulting in a custodial sentence, for comparison purposes. |
| Cheong Siat Fong v Public Prosecutor | High Court | Yes | [2005] SGHC 176 | Singapore | Cited as a case where the accused stole an identity card and forged a cheque to withdraw money, resulting in a custodial sentence, for comparison purposes. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| National Registration Act (Cap 201, 1992 Rev Ed) s 13(2)(b) | Singapore |
| Casino Control Act (Cap 33A, 2007 Rev Ed) s 116(6) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 511 | Singapore |
| Casino Control Act (Cap 33A, 2007 Rev Ed) s 165A(1)(c) | Singapore |
| Casino Control Act (Cap 33A, 2007 Rev Ed) s 165A(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Self-exclusion order
- Identity card
- Casino
- National Registration Act
- Casino Control Act
- Deterrent sentence
- Gambling
- Exclusion order
15.2 Keywords
- Identity card
- Self-exclusion
- Casino
- Gambling
- Criminal
- Appeal
- Sentence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Casinos and Gambling | 90 |
| Criminal Law | 75 |
| Sentencing | 60 |
| Administrative Law | 30 |
16. Subjects
- Criminal Law
- Sentencing
- Gambling Law