Public Prosecutor v Rosli bin Yassin: Appeal Against Inadequate Preventive Detention Sentence
The Public Prosecutor appealed against the High Court's sentence of 12 years' preventive detention for Rosli bin Yassin, who pleaded guilty to eight charges including cheating, theft, criminal breach of trust, abetment of forgery, and culpable homicide. The Court of Appeal, comprising Chao Hick Tin JA, Andrew Phang Boon Leong JA, and V K Rajah JA, allowed the appeal, finding the sentence manifestly inadequate and sentencing Rosli to 20 years' preventive detention, citing his long history of recidivism and the need to protect the public.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Public Prosecutor appealed against Rosli bin Yassin's 12-year preventive detention sentence, arguing it was manifestly inadequate. The Court of Appeal allowed the appeal, sentencing Rosli to 20 years.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Teo Guan Siew, Toh Puay San |
| Rosli bin Yassin | Respondent | Individual | Sentence Increased | Lost | Derek Kang Yu Hsien, Nadia Yeo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| V K Rajah | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Teo Guan Siew | Attorney-General's Chambers |
| Toh Puay San | Attorney-General's Chambers |
| Derek Kang Yu Hsien | Rodyk & Davidson LLP |
| Nadia Yeo | Rodyk & Davidson LLP |
4. Facts
- The Respondent pleaded guilty to eight charges, including cheating, theft, criminal breach of trust, abetment of forgery, and culpable homicide.
- The Respondent met the technical requirements for preventive detention under s 12(2)(b) of the Criminal Procedure Code.
- The Respondent has a long history of property-related criminal antecedents and has been in and out of prison since 1991.
- Previous punishments, including a prior eight-year term of preventive detention, have had little rehabilitative effect on the Respondent.
- A psychiatric report indicated that the Respondent was at a high risk of re-offending due to mental retardation, lack of skills and support, and impulsive behavior.
- The Respondent lacked remorse for his actions, as evidenced by his callous conduct after committing culpable homicide.
- The Respondent did not have a supportive social network and lacked marketable skills, increasing the likelihood of re-offending.
5. Formal Citations
- Public Prosecutor v Rosli bin Yassin, Criminal Appeal No 5 of 2012, [2013] SGCA 21
- Public Prosecutor v Rosli bin Yassin, , [2012] SGHC 129
6. Timeline
| Date | Event |
|---|---|
| High Court imposed sentence in Public Prosecutor v Rosli bin Yassin [2012] SGHC 129. | |
| Criminal Appeal No 5 of 2012 filed. | |
| Court of Appeal allowed the appeal and sentenced the Respondent to 20 years’ preventive detention. |
7. Legal Issues
- Manifest Inadequacy of Sentence
- Outcome: The Court of Appeal found the sentence manifestly inadequate and increased it to the maximum of 20 years.
- Category: Substantive
- Sub-Issues:
- Failure to consider the offender's criminal history
- Insufficient weight given to the need to protect the public
- Inappropriate consideration of time spent in remand
- Related Cases:
- [2008] 1 SLR(R) 601
- [2008] 2 SLR(R) 684
- [2006] 4 SLR(R) 653
- [1985-1986] SLR(R) 976
- [2004] 3 SLR(R) 203
- [2005] 1 SLR(R) 611
- [1982] 1 MLJ 353
- [2003] 3 SLR(R) 70
- [2001] 2 SLR(R) 867
- [2002] 2 SLR(R) 1018
- [1999] 3 SLR(R) 304
- [2000] 2 SLR(R) 145
- [2001] 2 SLR(R) 152
- [1992] 2 SLR(R) 160
- [2003] 1 SLR(R) 80
- [2004] SGHC 120
- [2003] 2 SLR(R) 409
- [2003] SGDC 146
- [2003] 4 SLR(R) 305
- [2010] 3 SLR 278
- Preventive Detention
- Outcome: The court determined that the respondent met the criteria for preventive detention and that the maximum sentence was warranted to protect the public.
- Category: Substantive
- Sub-Issues:
- Criteria for imposing preventive detention
- Purpose of preventive detention
- Consideration of public safety
- Related Cases:
- [2002] 2 SLR(R) 1018
- [1999] 3 SLR(R) 304
- [2000] 2 SLR(R) 145
- [2001] 2 SLR(R) 152
- [1992] 2 SLR(R) 160
- [2003] 1 SLR(R) 80
- [2004] SGHC 120
8. Remedies Sought
- Preventive Detention
9. Cause of Actions
- Cheating
- Theft
- Criminal Breach of Trust
- Abetment of Forgery
- Culpable Homicide Not Amounting to Murder
10. Practice Areas
- Criminal Appeals
- Sentencing Guidelines
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik | Court of Appeal | Yes | [2008] 1 SLR(R) 601 | Singapore | Cited for the principle that an appellate court has limited scope to intervene in sentencing. |
| Public Prosecutor v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR(R) 684 | Singapore | Cited for the principle that sentencing is a matter of discretion. |
| Angliss Singapore Pte Ltd v PP | Unknown | Yes | [2006] 4 SLR(R) 653 | Singapore | Cited for the principle that sentencing is largely a matter of judicial discretion. |
| Tan Koon Swan v PP | Unknown | Yes | [1985-1986] SLR(R) 976 | Singapore | Cited for the principle that an appellate court will correct sentences where the sentencing judge erred in respect of the proper factual basis for sentence. |
| PP v Cheong Hock Lai | Unknown | Yes | [2004] 3 SLR(R) 203 | Singapore | Cited for the principle that an appellate court will correct sentences where the sentencing judge erred in respect of the proper factual basis for sentence. |
| PP v Siew Boon Loong | Unknown | Yes | [2005] 1 SLR(R) 611 | Singapore | Cited for the definition of a manifestly inadequate sentence. |
| Sim Boon Chai v Public Prosecutor | High Court | Yes | [1982] 1 MLJ 353 | Malaysia | Cited for the principle that a sentence is manifestly excessive when it fails to accommodate the existing extenuating or mitigating circumstances. |
| Tuen Huan Rui Mary v PP | Unknown | Yes | [2003] 3 SLR(R) 70 | Singapore | Cited for the principle that a sentence which is plainly out of line with an established benchmark is also manifestly excessive. |
| Moey Keng Kong v PP | Unknown | Yes | [2001] 2 SLR(R) 867 | Singapore | Cited for the principle that a sentence would be manifestly inadequate when it reflected only deterrence or retribution. |
| Public Prosecutor v Syed Hamid bin A Kadir Alhamid | Court of Appeal | Yes | [2002] 2 SLR(R) 1018 | Singapore | Cited for the general principles relating to preventive detention. |
| PP v Wong Wing Hung | Unknown | Yes | [1999] 3 SLR(R) 304 | Singapore | Cited for the principle that preventive detention is intended for habitual offenders whom the court considers to be too recalcitrant for reformation. |
| PP v Perumal s/o Suppiah | Unknown | Yes | [2000] 2 SLR(R) 145 | Singapore | Cited for the principle that preventive detention ought to be imposed if the accused has shown that he is such a menace to society that he should be incarcerated for a substantial period of time. |
| Tan Ngin Hai v PP | Unknown | Yes | [2001] 2 SLR(R) 152 | Singapore | Cited for the principle that protection of the public does not necessarily refer to protecting them only from physical bodily harm. |
| Yusoff bin Hassan and others v Public Prosecutor | High Court | Yes | [1992] 2 SLR(R) 160 | Singapore | Cited for the principle that corrective training and preventive detention are meant to supplant a sentence of imprisonment which would otherwise be ordered. |
| Nicholas Kenneth v Public Prosecutor | High Court | Yes | [2003] 1 SLR(R) 80 | Singapore | Cited for the principle that a sentence of preventive detention is not a sentence of imprisonment. |
| Public Prosecutor v Raffi Bin Jelan and Another | High Court | Yes | [2004] SGHC 120 | Singapore | Cited for the principle that a sentence of preventive detention is an extreme measure that is prescribed for certain classes of habitual offenders. |
| Chua Chuan Heng Allan v Public Prosecutor | High Court | Yes | [2003] 2 SLR(R) 409 | Singapore | Cited for the principle that there is no obligation to take into account the time the accused has spent in remand. |
| Public Prosecutor v Salwant Singh s/o Amer Singh and Another Case | District Court | Yes | [2003] SGDC 146 | Singapore | Cited for the principle that a sentence of preventive detention does not fall within the scope of section 223 of the Criminal Procedure Code. |
| Public Prosecutor v Salwant Singh s/o Amer Singh | Unknown | Yes | [2003] 4 SLR(R) 305 | Singapore | Cited as an appeal against the decision in Public Prosecutor v Salwant Singh s/o Amer Singh and Another Case. |
| Public Prosecutor v Rahim bin Basron | High Court | Yes | [2010] 3 SLR 278 | Singapore | Cited for the observations regarding the time an offender has spent in remand. |
| Public Prosecutor v Rosli bin Yassin | High Court | Yes | [2012] SGHC 129 | Singapore | The High Court decision which is the subject of this appeal. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 420 read with s 34 | Singapore |
| Penal Code s 379 | Singapore |
| Penal Code s 406 | Singapore |
| Penal Code s 468 read with s 109 | Singapore |
| Penal Code s 304(a) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 12(2)(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Preventive Detention
- Recidivism
- Manifestly Inadequate Sentence
- Public Protection
- Criminal Antecedents
- Remand
- Rehabilitative Effect
- Psychiatric Report
- Pre-sentencing Report
- Culpable Homicide
15.2 Keywords
- Preventive detention
- Criminal appeal
- Sentencing
- Singapore
- Criminal law
- Recidivism
16. Subjects
- Criminal Law
- Sentencing
- Preventive Detention
17. Areas of Law
- Criminal Law
- Sentencing
- Preventive Detention
- Criminal Procedure