Lau Jian Bang v Public Prosecutor: Remote Gambling Act Sentencing Appeal
Lau Jian Bang appealed to the High Court of Singapore against a two-week imprisonment sentence imposed by the District Judge for two charges under Section 8(1) of the Remote Gambling Act for unlawful remote gambling. The High Court, presided over by Aedit Abdullah J, allowed the appeal, substituting the imprisonment sentence with a fine of $5,000 for each charge. The court held that a custodial sentence was manifestly excessive for a first-time offender and that a substantial fine would be adequate as a deterrent.
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
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against a jail sentence for online gambling under the Remote Gambling Act. The High Court substituted the jail term with a fine.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lau Jian Bang | Appellant | Individual | Appeal Allowed | Won | Sunil Sudheesan, Ngiam Hian Theng Diana, Sujesh Anandan |
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Lost | Viveganandam Jesudevan, Thiagesh Sukumaran |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sunil Sudheesan | Quahe Woo and Palmer LLC |
| Ngiam Hian Theng Diana | Quahe Woo and Palmer LLC |
| Sujesh Anandan | Quahe Woo and Palmer LLC |
| Viveganandam Jesudevan | Attorney-General’s Chambers |
| Thiagesh Sukumaran | Attorney-General’s Chambers |
4. Facts
- The appellant pleaded guilty to two charges under s 8(1) of the Remote Gambling Act.
- The appellant placed bets totalling $21,000 and $18,000 on football matches through an illegal website.
- The District Judge sentenced the appellant to two weeks' imprisonment for each charge.
- The appellant had been involved in illegal online soccer betting since 2015.
- The total amount wagered on the proceeded charges was $39,000.
- The total amount wagered including the charges taken into consideration was $50,000.
5. Formal Citations
- Lau Jian Bang v Public Prosecutor, Magistrate’s Appeal No 9332 of 2018, [2019] SGHC 254
6. Timeline
| Date | Event |
|---|---|
| Appellant placed bets totalling $21,000 on football matches. | |
| Appellant placed bets totalling $18,000 on football matches. | |
| Appellant was charged. | |
| Hearing held. | |
| Judgment reserved. |
7. Legal Issues
- Appropriate sentence for offences under Remote Gambling Act
- Outcome: The High Court held that a custodial sentence was manifestly excessive for a first-time offender and substituted it with a fine.
- Category: Substantive
- Sub-Issues:
- General deterrence
- Rehabilitation
- Harm caused by remote gambling
8. Remedies Sought
- Substitution of imprisonment with a fine or community service order
9. Cause of Actions
- Unlawful remote gambling
10. Practice Areas
- Criminal Law
- Gambling Law
11. Industries
- Gambling
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Lau Jian Bang | District Court | Yes | [2019] SGMC 6 | Singapore | Sets out the facts of the case and the District Judge's decision. |
| Yang Suan Piau Steven v Public Prosecutor | High Court | Yes | [2013] 1 SLR 809 | Singapore | Cited for the principle that a substantial fine may be adequate as a deterrent. |
| Logachev Vladislav v Public Prosecutor | High Court | Yes | [2018] 4 SLR 609 | Singapore | Cited for the principle of assessing harm caused in property offences based on the monetary value of loss to the victim. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Identified several possible approaches in developing sentencing guidelines. |
| Vasentha d/o Joseph v Public Prosecutor | High Court | Yes | [2015] 5 SLR 122 | Singapore | Cited for the multiple starting points approach to sentencing. |
| Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the principle that steps taken to conceal illegal bets may constitute an aggravating factor. |
| Ngian Chin Boon v Public Prosecutor | High Court | Yes | [1998] 3 SLR(R) 655 | Singapore | Cited for the principle that a custodial sentence should not be imposed simply because the maximum fine is thought to be inadequate. |
| Edwin s/o Suse Nathen v Public Prosecutor | High Court | Yes | [2013] 4 SLR 1139 | Singapore | Each offence should be carefully scrutinised, with all relevant sentencing considerations taken into account in determining the appropriate sentencing framework. |
| Zhou Tong and others v Public Prosecutor | High Court | Yes | [2010] 4 SLR 534 | Singapore | Sentencing precedents for illegal terrestrial gambling under the Common Gaming Houses Act. |
| Public Prosecutor v Yap Ah Yoon and others | High Court | Yes | [1993] 1 SLR(R) 506 | Singapore | Sentencing precedents for illegal terrestrial gambling under the Common Gaming Houses Act. |
| Leong Saw Yeng v Public Prosecutor | State Court | Yes | [2001] SGMC 31 | Singapore | Sentencing precedents for illegal terrestrial gambling under the Common Gaming Houses Act. |
| Chong Yee Ka v Public Prosecutor | High Court | Yes | [2017] 4 SLR 309 | Singapore | The sentencing court should not take into account offences which the accused person might have committed on prior occasions. |
| Chen Weixiong Jerriek v Public Prosecutor | High Court | Yes | [2003] 2 SLR 334 | Singapore | Each case must turn on its own facts when determining if an accused person should be considered a first-time offender if he commits multiple offences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Remote Gambling Act (No 34 of 2014) s 8 | Singapore |
| Common Gaming Houses Act (Cap 49, 1985 Rev Ed) | Singapore |
| Betting Act (Cap 21, 2011 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 337(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Remote Gambling Act
- Unlawful remote gambling
- General deterrence
- Sentencing
- Custodial sentence
- Fine
- First-time offender
15.2 Keywords
- Remote Gambling Act
- Sentencing
- Singapore
- Criminal Law
- Gambling
- Appeal
16. Subjects
- Criminal Law
- Sentencing
- Gambling Law
17. Areas of Law
- Criminal Procedure
- Sentencing
- Remote Gambling Act