Tay Wee Kiat v Public Prosecutor: Determining Commencement Dates for Sentences and Varying Compensation Order

In Magistrate’s Appeals Nos 9079 and 9080 of 2017, the High Court of Singapore, comprising Sundaresh Menon CJ, Tay Yong Kwang JA, and See Kee Oon J, addressed the appropriate commencement dates for sentences previously imposed on Tay Wee Kiat and Chia Yun Ling, and the Public Prosecutor's request for further directions regarding a compensation order. The court ordered the sentences to commence after the expiry of the sentences the accused persons were currently serving and declined to exercise its powers to make further directions in relation to compensation.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Sentences to commence after expiry of current sentences; declined further directions on compensation.

1.3 Case Type

Criminal

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court determined the commencement dates for sentences and addressed varying a compensation order, declining further directions for enforcement.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondent, AppellantGovernment AgencyRequest for further directions in relation to compensation declinedLost
Angela Ang of Attorney-General’s Chambers
Tan Wen Hsien of Attorney-General’s Chambers
Tay Wee KiatAppellant, RespondentIndividualSentences to commence after expiry of current sentencesNeutral
Chia Yun LingAppellant, RespondentIndividualSentences to commence after expiry of current sentencesNeutral

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeNo
Tay Yong KwangJudge of AppealNo
See Kee OonJudgeYes

4. Counsels

Counsel NameOrganization
Angela AngAttorney-General’s Chambers
Tan Wen HsienAttorney-General’s Chambers

4. Facts

  1. The court previously imposed sentences upon the conclusion of appeals on 2 March 2018.
  2. The Prosecution requested further directions for garnishment or attachment of the accused persons’ property to satisfy unpaid compensation sums.
  3. The accused persons have yet to pay the amounts ordered for compensation.
  4. Both accused persons confirmed they intend to serve the default sentences for the unpaid compensation.
  5. There are two victims involved in two separate sets of proceedings.

5. Formal Citations

    6. Timeline

    DateEvent
    Sentences imposed upon conclusion of appeals
    Judgment issued

    7. Legal Issues

    1. Commencement of Sentence
      • Outcome: The court ordered the sentences to commence at the expiry of the sentences that the accused persons are currently serving.
      • Category: Procedural
    2. Varying Compensation Order
      • Outcome: The court declined to exercise its powers to make further directions in relation to compensation or to consider if any other orders should be made under s 360(1) of the CPC.
      • Category: Procedural
      • Related Cases:
        • [2018] 5 SLR 438

    8. Remedies Sought

    1. Garnishment of accused persons' property
    2. Attachment of accused persons' property

    9. Cause of Actions

    • No cause of actions

    10. Practice Areas

    • Criminal Law

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    Tay Wee Kiat and another v PP and another appealHigh CourtYes[2018] 5 SLR 438SingaporeCited regarding the compensation regime under the Criminal Procedure Code and avoiding undue protraction of proceedings.

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Criminal Procedure Code (Cap 68, 2012 Rev Ed)Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Commencement of sentence
    • Compensation order
    • Garnishment
    • Attachment
    • Default imprisonment terms
    • Victim Assistance Scheme

    15.2 Keywords

    • Criminal Law
    • Sentencing
    • Compensation
    • Singapore
    • High Court

    17. Areas of Law

    Area NameRelevance Score
    Sentencing80
    Criminal Procedure75

    16. Subjects

    • Criminal Law
    • Sentencing
    • Criminal Procedure