Public Prosecutor v. Prem Hirubalan: Appeal Against Sentence for Penal Code and Securities Offences
The Public Prosecutor appealed against the sentences imposed on Prem Hirubalan by the District Judge for offences under the Penal Code and for unauthorized trading. Tay Yong Kwang JA, in the High Court, allowed the appeal, increasing the sentences for each charge and ordering them to run consecutively, resulting in an aggregate sentence of ten months' imprisonment.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Oral Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against sentence for misappropriation, unauthorized sale of shares, and unauthorized trading. The High Court increased the sentences for each charge.
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, Kok Shu-En |
| Prem Hirubalan | Respondent | Individual | Sentences Increased | Lost | N Sreenivasan, Palaniappan Sundararaj, S Balamurugan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Teo Guan Siew | Attorney-General’s Chambers |
| Kok Shu-En | Attorney-General’s Chambers |
| N Sreenivasan | Straits Law Practice LLC |
| Palaniappan Sundararaj | Straits Law Practice LLC |
| S Balamurugan | Straits Law Practice LLC |
4. Facts
- The Respondent used a cheque to pay for trading losses.
- The Respondent made unauthorized sales of Mdm Pereira’s shares.
- The Respondent engaged in unauthorized trading in Mdm Ho’s account.
- The Respondent’s mother made full restitution for the losses.
- The offences were discovered by the securities company after Mdm Pereira made a report.
- The Commercial Affairs Department made a risk assessment and delayed the arrest.
5. Formal Citations
- Public Prosecutor v Prem Hirubalan, Magistrate’s Appeal No 9151 of 2016/01, [2016] SGHC 156
6. Timeline
| Date | Event |
|---|---|
| Respondent arrested | |
| Oral judgment | |
| Judgment date | |
| Aggregate sentence with effect from |
7. Legal Issues
- Appropriation of Funds
- Outcome: The court found that the respondent's actions were motivated by his own interests and disregarded his duty of fidelity.
- Category: Substantive
- Unauthorized Sale of Shares
- Outcome: The court found the sentence of three weeks' imprisonment to be out of line with sentencing precedents.
- Category: Substantive
- Unauthorized Trading
- Outcome: The court found the respondent's actions more aggravating due to his duty of fidelity to the securities company.
- Category: Substantive
- Sentencing
- Outcome: The court altered the sentences imposed by the District Judge, increasing the imprisonment terms and ordering them to run consecutively.
- Category: Procedural
- Related Cases:
- [2015] 5 SLR 167
8. Remedies Sought
- Increased Sentence
9. Cause of Actions
- Breach of Fidelity
- Misappropriation
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Geok Eng v PP | High Court | Yes | [2007] 1 SLR(R) 913 | Singapore | Cited to distinguish the present case, as the respondent had a duty of fidelity to the securities company, unlike the appellant in the cited case. |
| PP v Ng Sae Kiat | High Court | Yes | [2015] 5 SLR 167 | Singapore | Cited for guidance on sentencing principles, including the factors set out at [38] of that judgment. |
| Public Prosecutor v Prem Hirubalan | District Court | Yes | [2016] SGDC 176 | Singapore | The District Judge's decision which is being appealed against. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 406 Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Misappropriation
- Unauthorized trading
- Securities company
- Duty of fidelity
- Restitution
- Sentencing precedents
- Consecutive sentences
15.2 Keywords
- Criminal Law
- Securities Offences
- Sentencing
- Singapore
- High Court
- Appeal
- Misappropriation
- Unauthorized Trading
16. Subjects
- Criminal Law
- Securities Offences
- Sentencing
17. Areas of Law
- Criminal Procedure
- Sentencing
- Securities Law