Sriram s/o Seevalingam v Public Prosecutor: Cheating by Personation Sentencing Appeal
Sriram s/o Seevalingam appealed to the General Division of the High Court of Singapore against the sentences imposed for four charges of cheating by personation under s 419 of the Penal Code and one charge of theft in dwelling under s 380 of the Penal Code. The High Court, presided over by Vincent Hoong J, allowed the appeal in part, reducing the sentence for one charge from nine months to six months' imprisonment. The global sentence was adjusted to nine months and one week’s imprisonment. The court considered sentencing principles for similar offences and the specific factors of the case.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against sentence for cheating by personation. The High Court reduced one charge from nine to six months' imprisonment, adjusting the global sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal partially dismissed | Partial | Dhiraj G Chainani of Attorney-General’s Chambers |
| Sriram s/o Seevalingam | Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Dhiraj G Chainani | Attorney-General’s Chambers |
| Lulla Ammar Khan | Cairnhill Law LLC |
| Derek Kang | Cairnhill Law LLC |
4. Facts
- The Appellant pleaded guilty to four charges of cheating by personation under s 419 of the Penal Code.
- The Appellant also pleaded guilty to one charge of theft in dwelling under s 380 of the Penal Code.
- The Appellant consented to have ten remaining charges taken into consideration for sentencing.
- The total sum involved in the cheating by personation offences was $6,252.30.
- The Appellant made partial restitution.
- The District Judge ordered the sentences in DAC 931281/2019, DAC 933435/2019 and DAC 933445/2019 to run consecutively.
5. Formal Citations
- Sriram s/o Seevalingam v Public Prosecutor, Magistrate’s Appeal No 9215 of 2021, [2022] SGHC 168
6. Timeline
| Date | Event |
|---|---|
| Magistrate’s Appeal No 9215 of 2021 | |
| Judgment delivered |
7. Legal Issues
- Sentencing for Cheating by Personation
- Outcome: The High Court reduced the sentence for one charge from nine months to six months’ imprisonment.
- Category: Substantive
- Related Cases:
- [2007] 2 SLR(R) 334
- [2014] 1 SLR 756
- [2021] 5 SLR 965
- [2017] 5 SLR 627
- Manifestly Excessive Sentence
- Outcome: The High Court found the original sentence for one charge to be manifestly excessive and reduced it.
- Category: Procedural
8. Remedies Sought
- Appeal against Sentence
9. Cause of Actions
- Cheating by Personation
- Theft in Dwelling
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sim Gek Yong v Public Prosecutor | High Court | Yes | [1995] 1 SLR(R) 185 | Singapore | Endorsed the principle that the Prosecution assesses the seriousness of an accused’s conduct and frames an appropriate charge. |
| Public Prosecutor v Ng Sae Kiat and other appeals | High Court | Yes | [2015] SGHC 191 | Singapore | Endorsed the principle that the Prosecution assesses the seriousness of an accused’s conduct and frames an appropriate charge. |
| Public Prosecutor v Muhammad Shafie bin Ahmad Abdullah and others | High Court | No | [2011] 1 SLR 325 | Singapore | Cited to illustrate that a sentencing court may consider that a more severe charge could have been preferred in considering the gravity of the offence as charged. |
| Public Prosecutor v Fernando Payagala Waduge Malitha Kumar | High Court | No | [2007] 2 SLR(R) 334 | Singapore | Cited for the sentencing benchmarks for non-syndicated credit card offences under s 420 of the Penal Code. |
| Idya Nurhazlyn bte Ahmad Khir v Public Prosecutor and another appeal | High Court | No | [2014] 1 SLR 756 | Singapore | Cited for relevant factors to be taken into account in sentencing for cheating offences under s 417 Penal Code. |
| Angliss Singapore Pte Ltd v Public Prosecutor | Court of Appeal | Yes | [2006] 4 SLR(R) 653 | Singapore | Cited for the principle that when Parliament sets a statutory maximum, it signals the gravity with which the public views the offence. |
| Public Prosecutor v Leong Soon Kheong | Court of Appeal | Yes | [2009] 4 SLR(R) 63 | Singapore | Cited to caution against rigid adherence to sentencing precedents due to the range of possible factual circumstances. |
| Public Prosecutor v Song Hauming Oskar and another appeal | High Court | No | [2021] 5 SLR 965 | Singapore | Cited as a case involving a cheating charge under s 417 of the Penal Code, where the offender used a credit card he had found to purchase items. |
| Keeping Mark John v Public Prosecutor | High Court | No | [2017] 5 SLR 627 | Singapore | Cited as a recent High Court decision involving an offence under s 419 read with s 109 of the Penal Code, in the context of people smuggling. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 419 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 380 | Singapore |
| Constitution of the Republic of Singapore (2020 Rev Ed) Art 35(8) | Singapore |
| Penal Code s 420 | Singapore |
| Penal Code s 417 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 124(4) | Singapore |
| Penal Code s 109 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cheating by Personation
- Sentencing Principles
- Manifestly Excessive
- Consecutive Sentences
- Sentencing Benchmarks
15.2 Keywords
- cheating
- personation
- sentencing
- appeal
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Cheating | 90 |
| Sentencing | 80 |
| Criminal Law | 75 |
| Criminal Procedure | 75 |
| Theft | 60 |
| Criminal Revision | 25 |
| Contract Law | 10 |
16. Subjects
- Criminal Law
- Sentencing