Chew Soo Chun v Public Prosecutor: Sentencing & Judicial Mercy for Ill-Health
In Chew Soo Chun v Public Prosecutor, the High Court of Singapore heard appeals from both the offender, Chew Soo Chun, and the prosecution regarding the sentence imposed by the District Judge for offences under the Penal Code and the Companies Act. Chew Soo Chun, suffering from various health conditions, sought judicial mercy or a greater downward adjustment to his sentence, while the prosecution argued for an enhancement. The court dismissed both appeals, finding that judicial mercy was not warranted but that the offender's ill-health justified a discount to maintain proportionality in the sentence. The court upheld the District Judge's decision of 32 months' imprisonment and a fine of $10,000.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Both appeals dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The court considered whether ill-health justifies judicial mercy or sentence reduction. Appeals by both offender and prosecution were dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chew Soo Chun | Appellant, Respondent | Individual | Appeal Dismissed | Lost | Philip Fong Yeng Fatt, Tan Yong Seng Nicklaus |
| Public Prosecutor | Respondent, Appellant | Government Agency | Appeal Dismissed | Lost | Alan Loh Yong Kah, Yau Pui Man, Loh Hui-Min, Charis Low Jia Ying |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Chao Hick Tin | Judge of Appeal | Yes |
| See Kee Oon | Judicial Commissioner | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Philip Fong Yeng Fatt | Harry Elias Partnership LLP |
| Tan Yong Seng Nicklaus | Harry Elias Partnership LLP |
| Alan Loh Yong Kah | Attorney-General’s Chambers |
| Yau Pui Man | Attorney-General’s Chambers |
| Loh Hui-Min | Attorney-General’s Chambers |
| Charis Low Jia Ying | Attorney-General’s Chambers |
4. Facts
- The Offender was the CEO and Managing Director of Chew Yak Mong-Synerpac Limited.
- The Offender owned 38.77% of the Company’s shares.
- Between 2005 and 2006, the company’s financial situation started to deteriorate.
- The Offender sought to keep the company’s books looking healthy to remain listed on the NSX.
- The Offender instigated fictitious transactions to be recorded in the company's books.
- The Offender applied for invoice financing loans from Overseas-Chinese Banking Corporation Limited using fictitious documents.
- The Offender deceived the staff of the Bank on multiple occasions into believing that there were sales made by the Company when no such sales were in fact made.
- The Company’s auditor required a balance confirmation of a sum of $356,357 owing by a trade debtor, PT Mandara Jasindo Sena, as at 30 June 2006, which was fictitious.
- The Offender delivered a forged balance confirmation to the Auditor.
- The Offender presented financial statements that did not give a true and fair view of the Company’s state of affairs at the Company’s annual general meeting.
- The Offender failed to keep accurate accounting records of the Company.
- The Offender suffers from major depression with a risk of suicide and claustrophobia.
- The Offender suffers from traumatic anosmia, post-concussion syndrome, a blood clot, hypertension, stage one salivary gland cancer, deviated nasal septum, turbinate hypertrophy, severe obstructive sleep apnea, left shoulder cuff tendonitis, and prostate enlargement.
5. Formal Citations
- Chew Soo Chun v Public Prosecutor and another appeal, , [2016] SGHC 06
- CHEW SOO CHUN v PUBLIC PROSECUTOR, , Magistrate’s Appeal No 24 of 2015/1
- PUBLIC PROSECUTOR v CHEW SOO CHUN, , Magistrate’s Appeal No 24 of 2015/2
6. Timeline
| Date | Event |
|---|---|
| Hearing date | |
| Judgment reserved | |
| $142,785 of sales revenue recorded | |
| $298,050 of cash sales recorded | |
| $298,000 of cash sales recorded | |
| $139,946 of sales on credit term recorded | |
| $20,000 of repayments made by its debtors recorded | |
| Bank disbursed $173,414.24 | |
| Bank disbursed $160,815.48 | |
| Bank disbursed $174,424.80 | |
| Auditor began auditing the Company’s accounts | |
| Offender delivered a forged balance confirmation to the Auditor | |
| Offender presented the financial statements at the Company’s annual general meeting | |
| Offender failed to keep accurate accounting records of the Company | |
| Offender failed to keep accurate accounting records of the Company | |
| Prosecution reported that the Company still owed the Bank an outstanding balance of $932,282.19 |
7. Legal Issues
- Sentencing for Offences
- Outcome: The court upheld the original sentence with a discount for ill-health.
- Category: Substantive
- Judicial Mercy
- Outcome: The court declined to exercise judicial mercy.
- Category: Substantive
- Mitigation of Sentence Due to Ill-Health
- Outcome: The court granted a discount of six months' imprisonment due to the disproportionate impact of imprisonment on the offender's health.
- Category: Substantive
- Proportionality in Sentencing
- Outcome: The court adjusted the sentence to maintain proportionality, considering the offender's ill-health.
- Category: Substantive
8. Remedies Sought
- Nominal Imprisonment Term
- Downward Adjustment of Sentence
9. Cause of Actions
- Falsification of Accounts
- Cheating
- Forgery
- Failure to Keep Accurate Accounting Records
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- Finance
- Accounting
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Chew Soo Chun | District Court | No | [2015] SGDC 22 | Singapore | The judgment under appeal; the High Court reviewed the District Judge's decision on sentencing and judicial mercy. |
| Tan Thiam Wee v Public Prosecutor | High Court | No | [2012] SGHC 142 | Singapore | Cited as a comparable case for sentencing, involving similar offences of cheating and falsification of accounts. The court distinguished the present case due to aggravating factors. |
| Idya Nurhazlyn bte Ahmad Khir v Public Prosecutor and another appeal | High Court | Yes | [2014] 1 SLR 756 | Singapore | Cited as authority for the principle that a court can make downward adjustments in sentence to account for an offender's condition where incarceration would cause undue hardship. |
| Public Prosecutor v Lim Kim Hock | High Court | Yes | [1998] SGHC 274 | Singapore | Cited as an example where judicial mercy was exercised due to the offender's dire medical condition, facing a 'potential death sentence of another sort'. |
| Lim Kay Han Irene v Public Prosecutor | High Court | Yes | [2010] 3 SLR 340 | Singapore | Cited for outlining the situations where judicial mercy had been exercised: terminal illness or a high risk of endangering life due to imprisonment. |
| R v Chan Kui Sheung | N/A | No | [1996] 3 HKC 279 | Hong Kong | Cited for the retributive norm in sentencing, reflecting public abhorrence of the crime and redressing the victim's grievance. |
| HKSAR v Tsang Wai Kei | Hong Kong Court of Appeal | No | [2003] HKCA 141 | Hong Kong | Cited as a case where judicial mercy was refused due to the crime being drug trafficking, where public interest prevails. |
| HKSAR v Lkhaijav Bayanmunkh | N/A | No | [2012] 2 HKC 233 | Hong Kong | Cited as a case where judicial mercy was refused in a drug trafficking case, emphasizing that personal circumstances are given less weight in such crimes. |
| Yip Kai Foon v HKSAR | N/A | No | [2000] 1 HKC 335 | Hong Kong | Cited for the principle that a court would fail its duty if it did not impose a heavy deterrent sentence in cases involving extremely grave offences. |
| R v Gerrard Michael Stark | N/A | No | (1992) 13 Cr App R (S) 548 | England and Wales | Cited for the principle that the risk of re-offending militates against mercy, as public interest must be prioritised. |
| Chng Yew Chin v Public Prosecutor | High Court | No | [2006] 4 SLR(R) 124 | Singapore | Cited for the principle that the court's assessment of the offender's proclivity to re-offend is important and that compassion may yield to public interest. |
| Public Prosecutor v Goh Lee Yin and another appeal | High Court | No | [2008] 1 SLR(R) 824 | Singapore | Cited as an instance of decreased culpability due to mental disorders, like kleptomania, directly linked to the crime. |
| Angliss Singapore Pte Ltd v Public Prosecutor | High Court | No | [2006] 4 SLR(R) 653 | Singapore | Cited as an example of behavioural credit, where sentences are reduced for timeous and appropriate pleas of guilt. |
| Public Prosecutor v Siew Boon Loong | High Court | No | [2005] 1 SLR(R) 611 | Singapore | Cited as an example of behavioural credit, where sentences are reduced for co-operating with the authorities. |
| Public Prosecutor v UI | High Court | No | [2008] 4 SLR(R) 500 | Singapore | Cited for the principle that the mature age of an offender could warrant a moderation of punishment where a long term of imprisonment is concerned. |
| R v Smith | N/A | No | (1987) 44 SASR 587 | Australia | Cited for the principle that ill health will be a factor tending to mitigate punishment only when imprisonment will be a greater burden on the offender or when there is a serious risk of imprisonment having a gravely adverse effect on the offender’s health. |
| AG v Pope | N/A | No | [1996] QCA 318 | Australia | Case citing R v Smith. |
| R v Marshall | N/A | No | [2010] QCA 29 | Australia | Case citing R v Smith. |
| R v Ho Mei Lin | N/A | No | [1996] 4 HKC 491 | Hong Kong | Case regarding ill-health in sentencing. |
| R v Daniel Patrick Hall | N/A | No | [2013] 2 Cr App R (S) 68 | England and Wales | Case regarding ill-health in sentencing. |
| Public Prosecutor v Tang Wee Sung | District Court | No | [2008] SGDC 262 | Singapore | Cited as an example where the minimum imprisonment term was imposed due to the offender's end-stage renal failure. |
| Public Prosecutor v Teo See Khiang Willy | District Court | No | [2012] SGDC 187 | Singapore | Cited as an example where the minimum imprisonment term was imposed due to the offender's major depression with psychotic symptoms. |
| Tan Kim Hock Anthony v Public Prosecutor and another appeal | High Court | No | [2014] 2 SLR 795 | Singapore | Cited as an example where some degree of compassion was accorded due to the offender's advanced age. |
| Edward Alfred Braham v R | N/A | No | [1994] NTCCA 60 | Australia | Case regarding advanced age of offender. |
| Public Prosecutor v Sim Choon Wee Kenny | District Court | No | [2013] SGDC 82 | Singapore | Cited as an example where the court considered that the prison environment would be more difficult for the accused than a person without the same disabilities. |
| Sim Choon Wee Kenny v Public Prosecutor and another appeal | High Court | Yes | [2013] SGHC 182 | Singapore | Appeal case of Public Prosecutor v Sim Choon Wee Kenny. |
| Public Prosecutor v Ng Teck Boon | District Court | No | [2005] SGDC 273 | Singapore | Precedent for s 477A offences. |
| Public Prosecutor v Tan Liang Chye | District Court | No | [2006] SGDC 109 | Singapore | Precedent for s 477A offences. |
| Public Prosecutor v Tan Hor Peow Victor | District Court | No | [2006] SGDC 148 | Singapore | Precedent for s 477A offences. |
| Public Prosecutor v Yip Hwai Chong | District Court | No | [2006] SGDC 27 | Singapore | Precedent for s 477A offences. |
| Tan Puay Boon v Public Prosecutor | High Court | No | [2003] 3 SLR(R) 390 | Singapore | Precedent for s 477A offences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 477A | Singapore |
| Penal Code s 420 | Singapore |
| Penal Code s 471 read with s 465 | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) s 204(1) | Singapore |
| Companies Act (Cap 50, 2006 Rev Ed) s 199(6) read with s 408(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial Mercy
- Mitigation of Sentence
- Ill-Health
- Proportionality
- Fictitious Transactions
- False Accounting Records
- Claustrophobia
- Major Depression
- Disproportionate Hardship
- Exceptional Circumstances
15.2 Keywords
- Sentencing
- Judicial Mercy
- Ill-Health
- Criminal Law
- Singapore
- Falsification
- Cheating
- Companies Act
16. Subjects
- Criminal Law
- Sentencing
- Company Law
- Fraud
- Health Law
17. Areas of Law
- Criminal Law
- Sentencing
- Criminal Procedure
- Judicial Mercy