Zhou Haiming and Luo Jianguo v Public Prosecutor: Casino Theft Conspiracy and CDSA Charges
Zhou Haiming and Luo Jianguo, both People's Republic of China nationals, appealed against the District Judge's decision regarding their sentences for engaging in a criminal conspiracy to commit theft in Singapore casinos and removing proceeds of criminal activity from the jurisdiction. The High Court enhanced the sentences for the criminal conspiracy charge to 24 months' imprisonment, while dismissing the offenders' appeals. The sentences for the criminal conspiracy charge and the CDSA charge were ordered to run concurrently.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Prosecution's appeals allowed in part; offenders' appeals dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Zhou Haiming and Luo Jianguo appealed against their sentence for conspiring to steal casino chips. The High Court enhanced their sentences for the theft conspiracy.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent, Appellant | Government Agency | Appeal allowed in part | Partial | Alexander Woon of Attorney-General’s Chambers Joshua Lai of Attorney-General’s Chambers |
| Zhou Haiming | Appellant, Respondent | Individual | Appeal dismissed | Lost | Chong Yi Mei of Law Society of Singapore |
| Luo Jianguo | Appellant, Respondent | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Alexander Woon | Attorney-General’s Chambers |
| Joshua Lai | Attorney-General’s Chambers |
| Chong Yi Mei | Law Society of Singapore |
| Justin Tan | Trident Law Corporation |
4. Facts
- Zhou and Luo conspired with Huang to steal casino chips.
- They stole chips worth S$100,225 from over 60 victims on 284 occasions.
- They attempted to steal another S$7,925 worth of chips on 13 occasions.
- Zhou and Luo left Singapore with some of the stolen money.
- They returned to Singapore to commit further thefts and were arrested.
- They admitted the money they carried was from the earlier thefts.
5. Formal Citations
- Zhou Haiming v Public Prosecutor and other appeals, , [2017] SGHC 40
6. Timeline
| Date | Event |
|---|---|
| Zhou and Luo arrived in Singapore | |
| Zhou and Luo met Huang at the casino at Marina Bay Sands | |
| Zhou, Luo and Huang stole casino chips | |
| Zhou, Luo and Huang stole casino chips | |
| Zhou and Luo left Singapore to return to China | |
| Zhou and Luo returned to Singapore and were arrested | |
| Zhou and Luo pleaded guilty to the charges | |
| Oral remarks delivered | |
| Judgment issued |
7. Legal Issues
- Criminal Conspiracy to Commit Theft
- Outcome: The High Court enhanced the sentences for the criminal conspiracy charge to 24 months’ imprisonment.
- Category: Substantive
- Removing Proceeds of Criminal Activity from Jurisdiction
- Outcome: The sentence of two weeks’ imprisonment for the CDSA charges was not the subject of any of the appeals before the High Court. The sentence for the criminal conspiracy charge was to run concurrently with that for the CDSA charge.
- Category: Substantive
- Sentencing Principles
- Outcome: The High Court considered the aggravating and mitigating factors in determining the appropriate sentence, emphasizing the importance of general and specific deterrence.
- Category: Procedural
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Criminal Conspiracy to Commit Theft
- Removing Proceeds of Criminal Activity from Jurisdiction
10. Practice Areas
- Criminal Appeals
11. Industries
- Gambling
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Ying Ying Luciana v Public Prosecutor and another appeal | High Court | Yes | [2016] 4 SLR 1220 | Singapore | Cited regarding the relationship between the amount stolen and the sentence imposed. |
| Public Prosecutor v Fernando Payagala Waduge Malitha Kumar | High Court | Yes | [2007] 2 SLR(R) 334 | Singapore | Cited for the observations of the High Court regarding the need for general deterrence and the imposition of a higher sentence for criminal conspiracy charges. |
| Fricker Oliver v Public Prosecutor and another appeal and another matter | High Court | Yes | [2011] 1 SLR 84 | Singapore | Cited for the observations of the High Court regarding the need for general deterrence and the imposition of a higher sentence for criminal conspiracy charges. |
| Lim Seng Soon v Public Prosecutor | High Court | Yes | [2015] 1 SLR 1195 | Singapore | Cited regarding the charges under the CDSA where the appellant had routed benefits of his crime out of Singapore using an offshore bank account were a sophisticated act of crime that reflected a separate act of criminality from the cheating charge that he had also been found guilty of. |
| Mohamed Shouffee bin Adam v Public Prosecutor | High Court | Yes | [2014] 2 SLR 998 | Singapore | Cited regarding the determination as to whether the offences fall within the one transaction rule must be undertaken as a matter of common sense. |
| Janardana Jayasankarr v Public Prosecutor | High Court | Yes | [2016] 4 SLR 1288 | Singapore | Cited regarding sentencing precedents without grounds or explanations should bear little, if any, weight because they are unreasoned. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 379 read with s 120B | Singapore |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 47(1)(b), and punishable under s 47(6)(a) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Casino chips
- Theft
- Criminal conspiracy
- Proceeds of criminal activity
- Deterrence
- Transnational element
15.2 Keywords
- Casino theft
- Criminal conspiracy
- Singapore
- CDSA
- Sentencing
- Appeal
17. Areas of Law
16. Subjects
- Criminal Law
- Sentencing
- Casino Crime