Chew Choon Ling Michael v Public Prosecutor: Appeal Against Copyright Act Conviction After Death

Chew Choon Ling Michael was convicted under the Copyright Act along with Alterm Consortech Pte Ltd and Teng Siew Chin. Chew died after being fined, and his widow, the applicant, sought leave to continue his appeal. The High Court of Singapore, presided over by Choo Han Teck J, granted the application, allowing the appeal to proceed as if Chew were still alive. The court reasoned that the old Criminal Procedure Code applied and that an appeal against a fine encompasses an appeal against the underlying conviction.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Leave granted for Chew’s appeal to continue as if he were alive.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal to continue after death regarding Copyright Act conviction. The court granted leave for the appeal to continue.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment Agency
Phang Suet Fern April of Attorney-General’s Chambers
Alterm Consortech Pte LtdDefendantCorporationConvictedLost
Chew Choon Ling MichaelDefendantIndividualConvictedLost
Teng Siew ChinDefendantIndividualConvictedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Phang Suet Fern AprilAttorney-General’s Chambers

4. Facts

  1. Chew was charged with five offenses under the Copyright Act.
  2. Chew was convicted and fined $21,000.
  3. Chew died after filing an appeal.
  4. The applicant sought leave to continue Chew's appeal.
  5. The trial spanned six months.
  6. The applicant is Chew's widow and co-administrator of his estate.

5. Formal Citations

  1. Chew Choon Ling Michael v Public Prosecutor, Criminal Motion No 90 of 2012, [2012] SGHC 214

6. Timeline

DateEvent
Chew charged under the Copyright Act
Trial began
Trial spanned six months
Chew found guilty and convicted
Notice of Appeal filed
Chew sentenced to pay a fine of $21,000
Chew died
Trial judge’s Grounds of Decision issued
Judgment reserved

7. Legal Issues

  1. Applicability of Criminal Procedure Code
    • Outcome: The court held that the old Criminal Procedure Code (Cap 68, 1985 Rev Ed) applied to the case.
    • Category: Procedural
    • Related Cases:
      • [2011] 3 SLR 859
  2. Abatement of Appeal upon Death
    • Outcome: The court held that an appeal against a sentence of fine includes an appeal against the conviction from which the fine was imposed, and thus the appeal did not abate.
    • Category: Substantive

8. Remedies Sought

  1. Continuation of Appeal
  2. Reversal of Conviction

9. Cause of Actions

  • Copyright Infringement

10. Practice Areas

  • Criminal Law
  • Copyright Infringement

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mah Kiat Seng v Public ProsecutorHigh CourtYes[2011] 3 SLR 859SingaporeCited to support the conclusion that the new law does not apply retrospectively to matters pending when the 2010 CPC came into force.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Criminal Procedure Code 2010 (No 15 of 2010)Singapore
Criminal Procedure Code (Cap 68, 1985 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Copyright Act
  • Criminal Procedure Code
  • Abatement of Appeal
  • Sentence of Fine
  • Retrospective Application of Law

15.2 Keywords

  • Copyright Act
  • Criminal Procedure Code
  • Appeal
  • Death
  • Conviction
  • Fine

17. Areas of Law

Area NameRelevance Score
Copyrights90
Criminal Law70
Criminal Revision60
Corporate Law30
Civil Procedure30
Administrative Law20
Contract Law20

16. Subjects

  • Criminal Law
  • Appeals
  • Copyright Law