VDZ v VEA: Contempt of Court, Sentencing Principles, and Parental Responsibility in Family Law
In VDZ v VEA, the Court of Appeal of Singapore heard an appeal by VDZ against the High Court's decision to sentence her to one week's imprisonment for contempt of court. The contempt proceedings arose from a divorce case where VDZ was found to have breached court orders by involving her children in the litigation with her former husband, VEA. The Court of Appeal allowed the appeal in part, setting aside the imprisonment sentence and imposing a fine of $5,000, considering VDZ's medical condition and the principles of therapeutic justice.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal allowed in part; fine of $5,000 imposed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against sentencing for contempt of court. The court considered parental responsibility and the impact on children in family law.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Chao Hick Tin | Senior Judge | No |
| Woo Bih Li | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Joo Toon | Joo Toon LLC |
| Ushan Premaratne | Withers KhattarWong LLP |
| Luna Yap Whye Tzu | Luna Yap LLC |
4. Facts
- The appellant was found to have breached court orders by involving her children in the litigation with her former husband.
- The daughter made social media posts alleging that the husband was a pervert and sexual predator.
- The appellant allowed the daughter to give a newspaper interview where she made allegations against the husband.
- The children submitted a police report titled “Statement of Confession” to exculpate the appellant from responsibility.
- The appellant was diagnosed with metastatic advanced Stage 4 breast cancer.
- A Prisons Medical Officer informed the court that the appellant was unfit for incarceration due to her medical condition.
5. Formal Citations
- VDZ v VEA, Civil Appeal No 212 of 2019, [2020] SGCA 75
6. Timeline
| Date | Event |
|---|---|
| Divorce proceedings commenced | |
| 2017 Order issued | |
| 2018 Order issued | |
| Appellant diagnosed with metastatic advanced Stage 4 breast cancer | |
| Daughter made social media posts | |
| Newspaper interview granted by daughter | |
| Husband filed Summons No 169 of 2019 | |
| Daughter made another social media post on Instagram | |
| Daughter made another social media post on Facebook | |
| Husband filed Summons No 190 of 2019 | |
| Children submitted a police report titled “Statement of Confession” | |
| Appellant sentenced to one week’s imprisonment for contempt of court | |
| Letter by appellant’s oncologist, Dr TW, produced | |
| Appellant’s counsel wrote in to the court | |
| Summons No 50 of 2020 filed | |
| Family Justice Courts Workplan Speech 2020 delivered | |
| Decision on liability delivered | |
| Prisons Medical Officer informed the court that the appellant was unfit for incarceration | |
| Court ordered that the appellant pay a fine of $5,000 | |
| Detailed grounds for decision issued |
7. Legal Issues
- Contempt of Court
- Outcome: The court found that the appellant was in contempt of court for breaching the 2018 Order by showing legal or court documents to the children.
- Category: Substantive
- Sub-Issues:
- Breach of court orders
- Intentional disobedience
- Standard of proof
- Sentencing
- Outcome: The court initially imposed a one-week imprisonment sentence but later replaced it with a fine of $5,000 due to the appellant's medical condition, exercising judicial mercy.
- Category: Procedural
- Sub-Issues:
- Appropriateness of custodial sentence
- Consideration of medical condition
- Judicial mercy
- Parental Responsibility
- Outcome: The court emphasized the importance of parents acting in the best interests of the child and avoiding actions that alienate the children from the other parent.
- Category: Substantive
- Sub-Issues:
- Welfare of the child
- Alienation of children from parent
- Impact of divorce on children
8. Remedies Sought
- Committal to prison
9. Cause of Actions
- Contempt of Court
10. Practice Areas
- Family Litigation
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| VDZ v VEA | High Court | Yes | [2020] SGHCF 2 | Singapore | The High Court decision being appealed against, concerning the sentencing of the appellant for contempt of court. |
| Mok Kah Hong v Zheng Zhuan Yao | Court of Appeal | Yes | [2016] 3 SLR 1 | Singapore | Cited for the applicable standard of proof for contempt of court and the factors to consider in sentencing for contempt by disobedience. |
| Public Prosecutor v Chee Cheong Hin Constance | High Court | Yes | [2006] 2 SLR(R) 24 | Singapore | Cited for the principle that circumstantial evidence can be sufficient to meet the standard of proof beyond a reasonable doubt. |
| Lee Chez Kee v Public Prosecutor | Court of Appeal | Yes | [2008] 3 SLR(R) 447 | Singapore | Cited for affirming the principle that circumstantial evidence can be sufficient to meet the standard of proof beyond a reasonable doubt. |
| Technigroup Far East Pte Ltd and another v Jaswinderpal Singh s/o Bachint Singh and others | High Court | Yes | [2018] 3 SLR 1391 | Singapore | Cited as an example of a case where imprisonment was imposed for contempt of court due to repeated refusal to comply with court directions. |
| Tay Kar Oon v Tahir | Court of Appeal | Yes | [2017] 2 SLR 342 | Singapore | Cited as an example of a case where a fine was imposed for contempt of court because the contemnor had purged his or her contempt. |
| Chew Soo Chun v Public Prosecutor and another appeal | High Court | Yes | [2016] 2 SLR 78 | Singapore | Cited for the conceptual basis for judicial mercy and the circumstances in which it may be exercised. |
| Chng Yew Chin v Public Prosecutor | High Court | Yes | [2006] 4 SLR(R) 124 | Singapore | Cited for the principle that not every offender with a terminal illness will invariably be treated with kid gloves. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Contempt of court
- Parental responsibility
- Therapeutic justice
- Judicial mercy
- Statement of confession
- Alienation of children
- Court orders
- Divorce proceedings
15.2 Keywords
- contempt
- family law
- sentencing
- parental responsibility
- therapeutic justice
- judicial mercy
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 90 |
| Contempt of Court | 90 |
| Sentencing | 80 |
| Parental Responsibility | 70 |
| Divorce | 50 |
| Domestic Violence | 30 |
| Civil Procedure | 20 |
16. Subjects
- Family Law
- Contempt of Court
- Sentencing
- Civil Procedure