Liew Cheong Wee Leslie v Public Prosecutor: Computer Misuse Act & Casino Blackout

Liew Cheong Wee Leslie, an engineer, appealed against his conviction on six charges under the Computer Misuse Act for causing a blackout at the Marina Bay Sands casino. The High Court dismissed the appeal against conviction, finding that Liew deliberately caused the blackout by gaining unauthorized remote access to the casino's power monitoring control system. However, the court varied the sentence on the sixth charge, reducing it to a fine of $3,000, as the prosecution failed to prove the damage caused met the statutory definition under the Act.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal against conviction dismissed; sentence on sixth charge varied to a fine of $3,000.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Engineer Liew Cheong Wee Leslie appeals conviction under the Computer Misuse Act for causing a casino blackout. The court dismisses the appeal against conviction but varies the sentence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal against sentences partially allowedPartial
Christopher Ong of Attorney-General’s Chambers
Terence Chua of Attorney-General’s Chambers
Liew Cheong Wee LeslieAppellantIndividualAppeal against conviction dismissed; sentence on sixth charge variedPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Christopher OngAttorney-General’s Chambers
Terence ChuaAttorney-General’s Chambers
Wee Pan LeeWee, Tay & Lim LLP

4. Facts

  1. The appellant was an engineer employed by Power Automation Pte Ltd.
  2. The appellant was assigned to work in the Marina Bay Sands Integrated Resort.
  3. The appellant was setting up a Power Monitoring Control System (PMCS) at Marina Bay Sands.
  4. On 12 May 2010, there was a massive blackout at the casino.
  5. The appellant was charged under the Computer Misuse Act for causing the blackout.
  6. The appellant gained remote access through his personal computer.
  7. The appellant added his personal email address to the system administrator to gain access.

5. Formal Citations

  1. Liew Cheong Wee Leslie v Public Prosecutor, Magistrate's Appeal No 91 of 2012, [2013] SGHC 141

6. Timeline

DateEvent
Appellant employed by Power Automation Pte Ltd
Massive blackout at the casino around 12.20am
Appellant left Power Automation Pte Ltd
Magistrate's Appeal No 91 of 2012
Decision Date

7. Legal Issues

  1. Unauthorized Access to Computer System
    • Outcome: The court found that the appellant deliberately gained unauthorized access to the computer system.
    • Category: Substantive
    • Sub-Issues:
      • Circumventing security measures
      • Exceeding authorized access
  2. Damage under Computer Misuse Act
    • Outcome: The court found that the prosecution failed to prove that the damage caused met the statutory definition under the Act.
    • Category: Substantive
    • Sub-Issues:
      • Definition of damage
      • Causation of damage

8. Remedies Sought

  1. Appeal against conviction
  2. Appeal against sentences

9. Cause of Actions

  • Violation of s 3(1) of the Computer Misuse Act
  • Violation of s 3(2) of the Computer Misuse Act

10. Practice Areas

  • Criminal Appeals
  • Cybercrime

11. Industries

  • Hospitality
  • Technology

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Computer Misuse Act (Cap 50A, 1998 Rev Ed)Singapore
s 3(1) of the Computer Misuse Act (Cap 50A, 1998 Rev Ed)Singapore
s 3(2) of the Computer Misuse Act (Cap 50A, 1998 Rev Ed)Singapore
s 2 of the Computer Misuse ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Power Monitoring Control System
  • PMCS
  • Blackout
  • Unauthorized access
  • Damage
  • Computer Misuse Act

15.2 Keywords

  • Computer Misuse Act
  • Casino Blackout
  • Unauthorized Access
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Computer Misuse90
Computers and Software85
Criminal Law70
Criminal Procedure50

16. Subjects

  • Computer Crime
  • Cybersecurity
  • Criminal Law