Public Prosecutor v Ewe Pang Kooi: Criminal Breach of Trust Sentencing

In Public Prosecutor v Ewe Pang Kooi, the High Court of Singapore sentenced Ewe Pang Kooi for 50 charges of criminal breach of trust, involving the misappropriation of approximately $41 million from his clients. The court considered aggravating factors such as premeditation and abuse of trust, as well as mitigating factors such as cooperation with investigations and partial restitution. The court ordered sentences for the 24th, 47th and 50th charges to run consecutively, resulting in an aggregate sentence of 310 months (25.8 years) imprisonment, with the remaining sentences to run concurrently.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Sentences for the 24th, 47th and 50th charges to run consecutively, with the result that the aggregate sentence is 310 months (25.8 years) imprisonment. The other sentences are to run concurrently.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Ewe Pang Kooi was sentenced for misappropriating $41 million from clients. The court considered aggravating and mitigating factors to determine the appropriate sentence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencySentences for the 24th, 47th and 50th charges to run consecutively, with the result that the aggregate sentence is 310 months (25.8 years) imprisonment. The other sentences are to run concurrently.Won
Hon Yi of Attorney-General’s Chambers
Nicholas Khoo of Attorney-General’s Chambers
Ewe Pang KooiDefenseIndividualSentenced to 310 months (25.8 years) imprisonmentLost

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Hon YiAttorney-General’s Chambers
Nicholas KhooAttorney-General’s Chambers
Low Miew Yin JosephineMichael Khoo & Partners
Michael Khoo, SCMichael Khoo & Partners

4. Facts

  1. Ewe Pang Kooi misappropriated about $41 million from his clients.
  2. The misappropriation occurred over approximately ten years.
  3. The accused used the misappropriated funds to fuel his gambling habit.
  4. About $24 million remained unrecovered.
  5. The accused devised a complex scheme involving cash payments and encashment of cheques.
  6. The accused used moneys from the bank accounts of his various victims to reinstate the amounts that he had taken from other companies.
  7. The 50 charges which the accused was convicted of involve the misappropriation of funds which rightfully belonged to 22 companies and one individual.

5. Formal Citations

  1. Public Prosecutor v Ewe Pang Kooi, Criminal Case No 53 of 2018, [2019] SGHC 166
  2. Public Prosecutor v Ewe Pang Kooi, , [2019] SGHC 72

6. Timeline

DateEvent
Criminal Case No 53 of 2018 filed
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Criminal Breach of Trust by Agent
    • Outcome: The accused was convicted on 50 charges under s 409 of the Penal Code.
    • Category: Substantive
  2. Sentencing for Criminal Breach of Trust
    • Outcome: The court determined the appropriate sentence based on aggravating and mitigating factors, sentencing precedents, and the totality principle.
    • Category: Procedural
    • Related Cases:
      • [2000] SGHC 129
      • [2012] 1 SLR 973
      • [2014] 2 SLR 998
      • [1990] 2 SLR(R) 361
      • [2017] 2 SLR 449
      • [2007] 2 SLR(R) 814
      • [2007] 2 SLR(R) 334
      • [2004] SGHC 68
      • [2003] 2 SLR(R) 334
      • [2014] 3 SLR 180
      • [2016] SGHC 192
      • [2008] 4 SLR(R) 500

8. Remedies Sought

  1. Imprisonment

9. Cause of Actions

  • Criminal Breach of Trust

10. Practice Areas

  • Criminal Litigation

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Teo Cheng KiatHigh CourtYes[2000] SGHC 129SingaporeCited for the global approach in sentencing for multiple charges.
Public Prosecutor v Syamsul Hilal bin IsmailUnknownYes[2012] 1 SLR 973SingaporeCited to support the approach of determining the appropriate sentence for each charge to comprehend the overall criminality of the offender.
Mohammed Shouffee bin Adam v Public ProsecutorUnknownYes[2014] 2 SLR 998SingaporeCited for the two-step approach in sentencing: considering individual sentences and then determining which should run consecutively.
Wong Kai Chuen Philip v PPUnknownYes[1990] 2 SLR(R) 361SingaporeCited for the principle that the amount misappropriated is a key indicator of culpability in criminal breach of trust offences.
Sarjit Singh s/o Mehar Singh v PPUnknownYes[2002] 2 SLR(R) 1040SingaporeCited as a sentencing precedent for criminal breach of trust.
Viswanathan Ramachandran v PPUnknownYes[2003] 3 SLR(R) 435SingaporeCited as a sentencing precedent for criminal breach of trust.
Tan Tze Chye v PPUnknownYes[1997] 2 SLR 505SingaporeCited as a sentencing precedent for criminal breach of trust.
PP v See Boon KwangDistrict CourtYes[2003] SGDC 66SingaporeCited as a sentencing precedent for criminal breach of trust.
Muthukumaran Ramaiyan v PPHigh CourtYes[2015] SGHC 230SingaporeCited as a sentencing precedent for criminal breach of trust.
PP v Leong Wai NamUnknownYes[2010] 2 SLR 284SingaporeCited as a sentencing precedent for criminal breach of trust.
PP v Mohammed Rafi bin Abdul RashidDistrict CourtYes[2016] SGDC 271SingaporeCited as a sentencing precedent for criminal breach of trust.
PP v Tan Cheng Yew and another appealUnknownYes[2013] 1 SLR 1095SingaporeCited for the principle that sentences for criminal breach of trust offences do not bear a directly linear relationship with the sums involved.
Ng Kean Meng Terence v Public ProsecutorUnknownYes[2017] 2 SLR 449SingaporeCited for the reasons why preliminary sentences apply to contested criminal breach of trust cases.
Public Prosecutor v Law Aik MengUnknownYes[2007] 2 SLR(R) 814SingaporeCited as an authority on premeditation as an aggravating factor.
Public Prosecutor v Fernando Payagala Waduge Malitha KumarUnknownYes[2007] 2 SLR(R) 334SingaporeCited as an authority on taking steps to avoid detection as an aggravating factor.
Public Prosecutor v Chia Teck LengHigh CourtYes[2004] SGHC 68SingaporeCited for the adverse impact of the offence on the integrity of the local economic infrastructure.
Chen Weixiong Jerriek v Public ProsecutorUnknownYes[2003] 2 SLR(R) 334SingaporeCited for the principle that less weight is given to being untraced when the accused has been charged with multiple offences over a long period.
Yap Ah Lai v Public ProsecutorUnknownYes[2014] 3 SLR 180SingaporeCited for according some weight to the fact that the accused is untraced.
Koh Chee Tong v Public ProsecutorHigh CourtYes[2016] SGHC 192SingaporeCited for the principle that specific deterrence remains relevant notwithstanding the existence of a mental disorder unless there is a direct causal link.
PP v Lam Chen FongUnknownYes[2002] 2 SLR(R) 599SingaporeCited as a sentencing precedent for criminal breach of trust.
PP v Koh Seah Wee and anotherUnknownYes[2012] 1 SLR 292SingaporeCited as a sentencing precedent for financial crimes.
PP v Chia Teck LengUnknownYes[2004] 4 SLR(R) 39SingaporeCited as a sentencing precedent for financial crimes.
PP v Setho Oi Lin @ Setho IreneDistrict CourtYes[2018] SGDC 82SingaporeCited as a sentencing precedent for financial crimes.
PP v Don Brendan RobertDistrict CourtYes[2016] SGDC 208SingaporeCited as a sentencing precedent for financial crimes.
Public Prosecutor v UIUnknownYes[2008] 4 SLR(R) 500SingaporeCited for the totality principle mandating that the court ought not to impose a sentence that effectively amounts to a life sentence, unless the Legislature has prescribed a life sentence to the offence.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224)Singapore
Penal Code (Amendment) Act 2007 (No. 51 of 2007)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Criminal breach of trust
  • Misappropriation
  • Sentencing
  • Aggravating factors
  • Mitigating factors
  • Global approach
  • Totality principle
  • Sentencing precedents
  • Gambling disorder
  • Liquidator
  • Receiver
  • Manager

15.2 Keywords

  • Criminal breach of trust
  • Sentencing
  • Misappropriation
  • Singapore
  • High Court
  • Ewe Pang Kooi

17. Areas of Law

Area NameRelevance Score
Criminal Breach of Trust95
Criminal Law90
Sentencing85
Abuse of Authority70
Financial Crime60
Company Law40
Insolvency Law40
Legal Profession Act30
Criminal Procedure30
Trust Law20
Banking and Finance20

16. Subjects

  • Criminal Law
  • Sentencing
  • Trust Law