PP v Lim Yong Soon Bernard: False Information to Public Servant & Public Sector Governance
The Public Prosecutor filed a criminal reference to the Court of Appeal regarding the appropriate sentence for Lim Yong Soon Bernard, who was convicted under s 182 of the Penal Code for providing false information to a public servant. The High Court had dismissed the Prosecution's appeal against the sentence. The Court of Appeal declined to answer the reframed question, stating that it was neither a question of law nor one of public interest and that the criminal reference procedure was not appropriate for obtaining a sentencing benchmark.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal declined to answer the Public Prosecutor's reframed question on sentencing for providing false information under s 182 of the Penal Code.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Applicant | Government Agency | Application dismissed | Lost | Tan Ken Hwee, Sanjiv Vaswani, Yau Pui Man |
| Lim Yong Soon Bernard | Respondent | Individual | Application dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Ken Hwee | Attorney-General's Chambers |
| Sanjiv Vaswani | Attorney-General's Chambers |
| Yau Pui Man | Attorney-General's Chambers |
4. Facts
- Lim Yong Soon Bernard, an Assistant Director at NParks, was tasked with procuring foldable bicycles.
- Lim Yong Soon Bernard tipped off Lawrence Lim Chun How about the ITQ for the bicycles.
- NParks received only one bid from Bikehop, owned by Lawrence Lim Chun How, and accepted it.
- An article raised concerns about the procurement process, leading to an internal investigation.
- Lim Yong Soon Bernard falsely stated he met Lawrence Lim Chun How after the ITQ was awarded.
- The District Judge convicted Lim Yong Soon Bernard under s 182 of the Penal Code and imposed a fine.
- The Prosecution appealed against the sentence, arguing for a custodial term.
5. Formal Citations
- Public Prosecutor v Lim Yong Soon Bernard, Criminal Reference No 7 of 2014, [2015] SGCA 19
6. Timeline
| Date | Event |
|---|---|
| Public Prosecutor filed Criminal Reference No 7 of 2014 | |
| Hearing of Criminal Reference No 7 of 2014 commenced | |
| Public Prosecutor submitted reframed question | |
| Judgment reserved |
7. Legal Issues
- Sentencing for Offence under Section 182 of the Penal Code
- Outcome: The Court of Appeal declined to provide a sentencing benchmark, stating that sentencing is a fact-sensitive inquiry and not a question of law of public interest.
- Category: Substantive
- Appropriateness of Criminal Reference Procedure for Sentencing Benchmarks
- Outcome: The Court of Appeal held that the criminal reference procedure under s 397 of the Criminal Procedure Code is not appropriate for obtaining a sentencing benchmark.
- Category: Procedural
8. Remedies Sought
- Custodial sentence
9. Cause of Actions
- Providing false information to a public servant under s 182 of the Penal Code
10. Practice Areas
- Criminal Appeals
11. Industries
- Government
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Goldring Timothy Nicholas and others | Court of Appeal | Yes | [2014] 1 SLR 586 | Singapore | Cited for the requirements under s 397(1) of the Criminal Procedure Code. |
| Public Prosecutor v Leng Kah Poh | High Court | Yes | [2014] 4 SLR 1264 | Singapore | Cited for reiterating the four requirements under s 397(1) of the Criminal Procedure Code. |
| Idya Nurhazlyn bte Ahmad Khir v Public Prosecutor and another appeal | High Court | Yes | [2014] 1 SLR 756 | Singapore | Cited for factors to consider when sentencing offenders who gave false statements to a public authority. |
| Abu Syeed Chowdhury v Public Prosecutor | High Court | Yes | [2002] 1 SLR(R) 182 | Singapore | Cited for factors to consider when sentencing offenders who gave false statements to a public authority. |
| Abdul Salam bin Mohamed Salleh v Public Prosecutor | High Court | Yes | [1990] 1 SLR(R) 198 | Singapore | Cited regarding the intention of the criminal reference procedure. |
| Public Prosecutor v Bernard Lim Yong Soon | District Court | Yes | [2014] SGDC 356 | Singapore | Cited for the first instance decision where the District Judge found the respondent guilty. |
| Public Prosecutor v Alvin Chan Siw Hong | District Court | Yes | [2010] SGDC 411 | Singapore | Cited regarding the enhancement of the maximum fine under s 182. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 397(2) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 182 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- False information
- Public servant
- Procurement
- Sentencing benchmark
- Criminal reference
- Public interest
- Statutory board
- Abuse of office
- NParks
- ITQ
15.2 Keywords
- Criminal Reference
- False Information
- Public Servant
- Sentencing
- Singapore
- Penal Code
- Criminal Procedure Code
16. Subjects
- Criminal Law
- Sentencing
- Public Sector Governance
17. Areas of Law
- Criminal Law
- Criminal Procedure
- Sentencing