Public Prosecutor v Rosli bin Yassin: Cheating, Criminal Breach of Trust, Culpable Homicide, Theft, Forgery

In Public Prosecutor v Rosli bin Yassin, the High Court of Singapore sentenced Rosli bin Yassin to 12 years of preventive detention after he pleaded guilty to eight charges, including cheating, criminal breach of trust, culpable homicide, theft, and forgery. The charges involved multiple victims and a range of offenses committed between 2008. The court considered Rosli's history of convictions and the need to protect the public in determining the sentence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused sentenced to 12 years’ preventive detention

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Rosli bin Yassin was convicted on multiple charges, including cheating, criminal breach of trust, culpable homicide, theft, and forgery. The High Court sentenced him to 12 years of preventive detention.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencySentence of 12 years’ preventive detention imposedWon
Lau Wing Yum of Public Prosecutor
Toh Puay San of Public Prosecutor
Luke Tan of Public Prosecutor
Rosli bin YassinDefendantIndividualPreventive detention of 12 yearsLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Lau Wing YumPublic Prosecutor
Toh Puay SanPublic Prosecutor
Luke TanPublic Prosecutor
Wong Siew HongInfinitus Law Corporation
Daniel KohEldan Law LLP

4. Facts

  1. Rosli cheated Sunarti of $250 by promising her $1,000 after withdrawing $300,000 from a bank.
  2. Rosli cheated Zubaidah by taking her handphone under the pretense of a job offer.
  3. Rosli caused the death of Ying by punching and kicking her during an argument over money.
  4. Rosli stole Ying's laptop and handbag after causing her death.
  5. Rosli instigated Jelly to forge Ying's signature on cheques.
  6. Rosli cheated Adros by falsely claiming he inherited property and needed help withdrawing money.
  7. Rosli borrowed $11,400 from Adros under the false pretense that he would repay him after a cheque cleared.

5. Formal Citations

  1. Public Prosecutor v Rosli bin Yassin, Criminal Case No 29 of 2010, [2012] SGHC 129
  2. Public Prosecutor v Rosli bin Yassin, Criminal Appeal No 5 of 2012, [2013] SGCA 21

6. Timeline

DateEvent
Jelly approached Sunarti in a coffee shop at Lorong 20 Geylang
Jelly asked Sunarti for another $100 to pay the hotel charges
Rosli told Sunarti to proceed to the POSB bank first
Rosli approached Zubaidah at an MRT station
Rosli called Zubaidah and told her to meet him at the coffeeshop
Rosli introduced Ying to Jelly
Rosli and Ying travelled in Ying’s car to Lorong Sesuai
Rosli instigated Jelly to forge Ying’s signature on various cheques
Adros met with Rosli and Jelly at Marine Parade Food Centre
Rosli asked Adros for another loan, this time for a sum of $10,000
Jelly obtained $10,000 from Adros’ POSB cash cheque
Adros received a call from POSB informing him that the OCBC cheque had been rejected
Adros received a Returned Cheque Advice
Ying’s body was discovered
Rosli remanded
Rosli sentenced to eight years of preventive detention
Rosli sentenced to 12 months’ imprisonment
Rosli released from prison
Dr Tommy Tan issued a report
Rosli sentenced to 12 years’ preventive detention
Decision Date
Appeal to this decision in Criminal Appeal No 5 of 2012 was allowed by the Court of Appeal

7. Legal Issues

  1. Preventive Detention
    • Outcome: The court imposed a sentence of 12 years’ preventive detention, finding it expedient for the protection of the public.
    • Category: Substantive
    • Related Cases:
      • [2000] 2 SLR(R) 145
      • [2004] SGHC 120
      • [1999] 1 SLR(R) 769
      • [2010] 3 SLR 278
  2. Cheating
    • Outcome: The accused pleaded guilty to charges of cheating.
    • Category: Substantive
  3. Criminal Breach of Trust
    • Outcome: The accused pleaded guilty to a charge of criminal breach of trust.
    • Category: Substantive
  4. Culpable Homicide Not Amounting to Murder
    • Outcome: The accused pleaded guilty to a charge of culpable homicide not amounting to murder.
    • Category: Substantive
  5. Theft
    • Outcome: The accused pleaded guilty to a charge of theft.
    • Category: Substantive
  6. Abetment of Forgery for the Purpose of Cheating
    • Outcome: The accused pleaded guilty to a charge of abetment of forgery for the purpose of cheating.
    • Category: Substantive

8. Remedies Sought

  1. Preventive Detention

9. Cause of Actions

  • Cheating
  • Criminal Breach of Trust
  • Culpable Homicide
  • Theft
  • Forgery

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Perumal s/o SuppiahHigh CourtYes[2000] 2 SLR(R) 145SingaporeCited as a precedent for sentencing in cases involving preventive detention, particularly in relation to the offender's history of violent and non-violent crimes.
Public Prosecutor v Raffi Bin Jelan and anotherHigh CourtYes[2004] SGHC 120SingaporeCited as a case where the High Court imposed 20 years’ preventive detention, but distinguished on the basis that the accused was deemed incapable of rehabilitation.
Heng Jong Cheng v Public ProsecutorHigh CourtYes[1999] 1 SLR(R) 769SingaporeCited as a case where 20 years’ preventive detention was imposed despite the absence of violent crime antecedents.
Public Prosecutor v Rahim bin BasronHigh CourtYes[2010] 3 SLR 278SingaporeCited for the argument that a court could not impose a sentence of preventive detention with retrospective effect and the treatment of the period spent in remand.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Criminal Procedure CodeSingapore
Penal Code (Cap 224, 1985 Rev Ed)Singapore
s 12(2)(b) of the Criminal Procedure Code (Cap 68, 1985 Rev Ed)Singapore
s 18 of the Criminal Procedure CodeSingapore
s 420 read with s 34 of the Penal Code (Cap 224, 1985 Rev Ed)Singapore
s 406 of the Penal CodeSingapore
s 304(a) of the Penal CodeSingapore
s 379 of the Penal CodeSingapore
s 468 read with s 109 of the Penal CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Preventive detention
  • Cheating
  • Criminal breach of trust
  • Culpable homicide
  • Forgery
  • Common intention
  • Statement of Facts
  • Memorandum of Certified Previous Convictions

15.2 Keywords

  • Preventive detention
  • Cheating
  • Culpable homicide
  • Singapore
  • Criminal law

17. Areas of Law

16. Subjects

  • Criminal Law
  • Sentencing
  • Preventive Detention
  • Cheating
  • Homicide
  • Theft
  • Forgery