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

Ewe Pang Kooi appealed to the Court of Appeal of Singapore against his conviction on 50 charges under section 409 of the Penal Code for criminal breach of trust and against the aggregate sentence of imprisonment of 25 years and 10 months. The Court of Appeal, comprising Sundaresh Menon CJ, Steven Chong JA, and Woo Bih Li J, dismissed both the appeal against conviction and the appeal against sentence, finding that the appellant was properly convicted as a professional agent entrusted with property and that the sentence was within the judge's discretion given the scale and duration of the offenses.

1. Case Overview

1.1 Court

Court of Appeal of the republic of singapore

1.2 Outcome

Appeal against conviction and sentence dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Ex-tempore judgment

1.5 Jurisdiction

Singapore

1.6 Description

Ewe Pang Kooi appeals against his conviction and sentence for criminal breach of trust. The Court of Appeal dismisses the appeal, upholding the conviction and sentence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWon
Hon Yi of Attorney-General’s Chambers
Nicholas Khoo of Attorney-General’s Chambers
Gerald Tan of Attorney-General’s Chambers
G Kannan of Attorney-General’s Chambers
Ewe Pang KooiAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes
Steven ChongJudge of AppealNo
Woo Bih LiJudgeNo

4. Counsels

Counsel NameOrganization
Hon YiAttorney-General’s Chambers
Nicholas KhooAttorney-General’s Chambers
Gerald TanAttorney-General’s Chambers
G KannanAttorney-General’s Chambers
Elan KrishnaCavenagh Law LLP
Tan Zhengxian JordanAudent Chambers LLC
Harpreet Singh Nehal SCAudent Chambers LLC

4. Facts

  1. The Appellant was convicted on 50 charges under s 409 of the Penal Code.
  2. The Appellant misappropriated over $40 million over ten years.
  3. The net amount misappropriated was in the region of $24 million.
  4. The Appellant was a certified public accountant and approved liquidator.
  5. The Appellant was managing partner of a firm of certified public accountants.
  6. The Appellant was a director of a related company of management consultants.
  7. The offences relate to acts he did when he was appointed as a liquidator of a number of companies.

5. Formal Citations

  1. Ewe Pang Kooi v Public Prosecutor, Criminal Appeal No 27 of 2019, [2020] SGCA 13

6. Timeline

DateEvent
Criminal Appeal No 27 of 2019 filed
Judgment delivered

7. Legal Issues

  1. Criminal Breach of Trust
    • Outcome: The court held that the appellant, as a liquidator and receiver, fell within the definition of a professional agent under s 409 of the Penal Code.
    • Category: Substantive
    • Sub-Issues:
      • Definition of 'agent' under s 409 of the Penal Code
      • Application of s 409 to liquidators and receivers
    • Related Cases:
      • [2018] 1 SLR 659
  2. Sentencing
    • Outcome: The court upheld the aggregate sentence, finding it within the judge's discretion considering the scale and duration of the offenses, and the judge had already considered the appellant's age.
    • Category: Procedural
    • Sub-Issues:
      • Consecutive sentencing
      • Consideration of offender's age
    • Related Cases:
      • [2008] 4 SLR(R) 500

8. Remedies Sought

  1. Appeal against conviction
  2. Appeal against sentence

9. Cause of Actions

  • Criminal Breach of Trust

10. Practice Areas

  • Criminal Appeals
  • Sentencing

11. Industries

  • Accounting
  • Insolvency

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Lam Leng HungCourt of AppealYes[2018] 1 SLR 659SingaporeCited to determine the definition of 'agent' under s 409 of the Penal Code, clarifying that it applies to professional agents offering services to the public.
Public Prosecutor v UICourt of AppealYes[2008] 4 SLR(R) 500SingaporeCited regarding the principle of considering the offender's advanced age in sentencing.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed)Singapore
Penal Code (Cap 224, 1985 Rev Ed)Singapore
Interpretation Act (Cap 1, 1999 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Criminal breach of trust
  • Professional agent
  • Liquidator
  • Receiver
  • Sentencing discretion
  • Consecutive sentences

15.2 Keywords

  • Criminal breach of trust
  • Singapore
  • Appeal
  • Penal Code
  • Liquidator
  • Receiver
  • Agent

17. Areas of Law

Area NameRelevance Score
Criminal Law90
Criminal Procedure90
Sentencing Appeals60
Criminal Revision50
Theft40
Company Law30
Insolvency Law30
Liquidation30
Chancery and Equity30
Winding Up30
Succession Law10
Wills and Probate10
Estate Administration10
Commercial Disputes10
Evidence10
Contract Law10
Summary Judgement10

16. Subjects

  • Criminal Law
  • Criminal Procedure
  • Sentencing
  • Trust Law