Seah Hock Thiam v Public Prosecutor: Abetting Perversion of Justice for Parking Offences
In Seah Hock Thiam v Public Prosecutor, the High Court of Singapore heard an appeal against conviction and sentence for Seah Hock Thiam, who was convicted of abetting Mohamad Azmi to pervert the course of justice. Seah Hock Thiam was found guilty of engaging two individuals to assume criminal liability for parking offences committed by Ong Pang Aik and Ho Ah Huat. The High Court dismissed the appeal against conviction, finding that the trial judge had sufficient evidence. However, the court allowed the appeal against sentence, reducing the imprisonment term from six weeks to one week, considering the parking offences were not as serious as other traffic violations.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Seah Hock Thiam was convicted of abetting the perversion of justice by engaging others to take responsibility for parking offences. The High Court upheld the conviction but reduced the sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Seah Hock Thiam | Appellant | Individual | Appeal against conviction dismissed; appeal against sentence allowed in part | Partial | Davinder Singh, Pardeep Singh Khosa, Vishal Harnal |
| Public Prosecutor | Respondent | Government Agency | Appeal against conviction upheld; appeal against sentence partially overturned | Partial | David Chew, Kelvin Kow, Victor Lim, Grace Lim |
| Ong Pang Aik | Other | Individual | |||
| Scorpio East Entertainment Pte Ltd | Other | Corporation | |||
| Salami bin Badrus | Other | Individual | |||
| Rosniwati bte Jumani | Other | Individual | |||
| Mohamad Azmi Bin Abdul Wahab | Other | Individual | |||
| Ho Ah Huat | Other | Individual |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Davinder Singh | Drew & Napier LLC |
| Pardeep Singh Khosa | Drew & Napier LLC |
| Vishal Harnal | Drew & Napier LLC |
| David Chew | Attorney-General's Chambers |
| Kelvin Kow | Attorney-General's Chambers |
| Victor Lim | Attorney-General's Chambers |
| Grace Lim | Attorney-General's Chambers |
4. Facts
- Traffic police requested personal particulars for parking offences.
- Replies falsely identified Salami bin Badrus and Rosniwati bte Jumani as the drivers.
- Mohamad Azmi engaged Salami and Rosniwati to take the place of the real offenders.
- The real offenders were Ong Pang Aik and Ho Ah Huat.
- Mohamad Azmi was the appellant's personal driver.
- The appellant was convicted of abetting Mohamad Azmi to pervert the course of justice.
- The appellant instructed Mohamad Azmi to 'take care of it'.
5. Formal Citations
- Seah Hock Thiam v Public Prosecutor, Magistrate's Appeal No 293 of 2013, [2013] SGHC 136
6. Timeline
| Date | Event |
|---|---|
| Parking offences committed along Simon Road | |
| Appellant's statement recorded by Terence Gue of the CPIB | |
| Appellant's statement recorded by Michael Oh of the CPIB | |
| Charges filed against the appellant (DAC No 35949 and 35950 of 2011) | |
| Judgment reserved | |
| High Court decision |
7. Legal Issues
- Abetment to pervert the course of justice
- Outcome: The court upheld the conviction for abetment to pervert the course of justice.
- Category: Substantive
- Admissibility of evidence
- Outcome: The court found that the evidence was properly admitted by the trial judge.
- Category: Procedural
- Appropriateness of sentence
- Outcome: The court reduced the sentence from six weeks to one week, considering the nature of the underlying traffic offences.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Abetment
- Perversion of Justice
10. Practice Areas
- Criminal Appeals
- Traffic Violations
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Leung Man Kwan | District Court | Yes | [2009] SGDC 458 | Singapore | Cited as an antecedent case for perverting the course of justice, involving a third party assuming liability for traffic violations. |
| Public Prosecutor v Tay Su Ann Evangeline | District Court | Yes | [2011] SGDC 57 | Singapore | Cited as an antecedent case for perverting the course of justice, involving a third party assuming liability for traffic violations. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 204A of the Penal Code | Singapore |
| s 109 of the Penal Code | Singapore |
| Prevention of Corruption Act (Cap 241, Rev Ed 1993) | Singapore |
| Criminal Procedure Code 2010 (Act 15 of 2010) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Perverting the course of justice
- Abetment
- Traffic offences
- Parking offences
- CPIB
- Personal particulars
- Demerit points
15.2 Keywords
- perversion of justice
- abetment
- traffic offences
- criminal law
- singapore
16. Subjects
- Criminal Law
- Traffic Law
17. Areas of Law
- Criminal Law
- Abetment
- Perversion of Justice
- Traffic Law