Pittis Stavros v Public Prosecutor: Criminal Breach of Trust in Marine Fuel Oil 'Buy-Back' Scheme
In Pittis Stavros v Public Prosecutor, the High Court of Singapore heard an appeal against conviction and sentence for criminal breach of trust. Pittis Stavros, the chief engineer of MV Sakura Princess, was charged with dishonestly misappropriating marine fuel oil by engaging in a 'buy-back' scheme. The District Judge convicted him and sentenced him to 18 months' imprisonment. The High Court allowed the appeal in part, setting aside the conviction under Section 408 of the Penal Code and substituting it with a conviction under Section 406, and reducing the sentence to 14 months' imprisonment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Pittis Stavros, chief engineer, was convicted of criminal breach of trust for his role in a marine fuel oil 'buy-back' scheme. The High Court allowed the appeal in part.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Partial Loss | Partial | Sanjiv Vaswani of Attorney-General’s Chambers |
| Pittis Stavros | Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sanjiv Vaswani | Attorney-General’s Chambers |
| Shashi Nathan | KhattarWong LLP |
| Jeremy Pereira | KhattarWong LLP |
| Tania Chin | KhattarWong LLP |
4. Facts
- The appellant was the chief engineer of the MV Sakura Princess.
- V8 Pool Inc. chartered the Vessel under a time charter.
- Costank Singapore Pte Ltd was to supply the Vessel with 1,800 MT of MFO.
- The appellant was charged with criminal breach of trust for misappropriating MFO.
- The prosecution alleged the appellant initiated a scheme to short-supply MFO.
- The appellant denied being part of any buy-back or short-supply arrangement.
- The High Court found that there had been a short-supply scheme and that the appellant had participated in it.
5. Formal Citations
- Pittis Stavros v Public Prosecutor, Magistrate's Appeal No 82 of 2014, [2015] SGHC 67
6. Timeline
| Date | Event |
|---|---|
| Voyage commenced from Nikiski in Alaska | |
| Vessel entered Singapore waters | |
| Bunker barge deployed to supply the Vessel with 500 MT of MFO | |
| Bunkering commenced | |
| Officers from the Maritime Port Authority and the Corrupt Practices Investigation Bureau came on board the Vessel and took a number of its occupants into custody | |
| District Judge’s grounds of decision published as Public Prosecutor v Pittis Stavros [2014] SGDC 371 | |
| Magistrate's Appeal No 82 of 2014 | |
| Judgment reserved |
7. Legal Issues
- Criminal Breach of Trust
- Outcome: The High Court found that the appellant was guilty of CBT simpliciter as defined by s 405 of the Penal Code.
- Category: Substantive
- Related Cases:
- [2002] 2 SLR(R) 821
- Entrustment of Dominion over Property
- Outcome: The High Court held that the appellant had been entrusted by V8 Pool with dominion over the misappropriated 200 MT of MFO.
- Category: Substantive
- Related Cases:
- [2002] 2 SLR(R) 821
- Definition of 'Servant' under Section 408 of the Penal Code
- Outcome: The High Court found that the appellant was not a servant of V8 Pool.
- Category: Substantive
- Related Cases:
- (1873) LR 2 CCR 34
- Sentencing for Criminal Breach of Trust
- Outcome: The High Court reduced the sentence to 14 months' imprisonment.
- Category: Procedural
- Related Cases:
- [2012] 3 SLR 776
- [2014] 4 SLR 892
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Criminal Breach of Trust
10. Practice Areas
- Criminal Litigation
11. Industries
- Shipping
- Maritime
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Pittis Stavros | District Court | Yes | [2014] SGDC 371 | Singapore | Cited as the District Judge's grounds of decision in the case. |
| Hon Chi Wan Colman v Public Prosecutor | High Court | Yes | [2002] 2 SLR(R) 821 | Singapore | Cited for the principle that the question of whether a person has dominion over property is a matter of the degree of control exercised by the person over the property. |
| The Queen v Negus | Court of Crown Cases Reserved | Yes | (1873) LR 2 CCR 34 | England | Cited by the respondent for the proposition that the test of whether the accused was a servant was whether he is 'under the control and bound to obey the orders of his master'. |
| Ong Chee Eng v PP | High Court | Yes | [2012] 3 SLR 776 | Singapore | Cited for the observation that where Parliament has enacted a range of possible sentences, it is the duty of the court to ensure that the full spectrum is carefully explored in determining the appropriate sentence. |
| Poh Boon Kiat v PP | High Court | Yes | [2014] 4 SLR 892 | Singapore | Cited with approval of Ong Chee Eng v PP [2012] 3 SLR 776 at [24]. |
| Angliss Singapore Pte Ltd v PP | High Court | Yes | [2006] 4 SLR(R) 653 | Singapore | Cited for the statutory maximum sentence signals the gravity with which Parliament views any individual offence and that the sentencing judge ought to note the maximum penalty imposed and then apply his mind to determine precisely where the offender’s conduct falls within the entire range of punishment devised by Parliament. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 408 | Singapore |
| Penal Code s 405 | Singapore |
| Penal Code s 406 | Singapore |
| Penal Code s 403 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Marine Fuel Oil
- Buy-back scheme
- Short-supply arrangement
- Criminal breach of trust
- Time charter
- Bunker barge
- Bunker surveyor
- Opening sounding
- Closing sounding
15.2 Keywords
- Criminal breach of trust
- Marine fuel oil
- Short supply
- Shipping
- Singapore
- Penal Code
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Marine Fuel Oil | 80 |
| Criminal Law | 75 |
| Shipping | 60 |
| Contract Law | 30 |
| Agency Law | 25 |
| Company Law | 15 |
16. Subjects
- Criminal Law
- Shipping Law
- Commercial Crime