Lim Choon Beng v Public Prosecutor: Review of Sentence for Sexual Offences
Lim Choon Beng applied to the Court of Appeal of Singapore on 22, 29 May 2023 and 5 June 2023, seeking permission to review his sentence for sexual offences. He argued that a subsequent decision, Chang Kar Meng v Public Prosecutor, constituted a change in law warranting a reduction in his sentence. Justice Tay Yong Kwang dismissed the application, finding no miscarriage of justice and that the cited case did not impact the original sentencing.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed summarily.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for review of sentence for sexual offences. Court of Appeal dismissed the application, finding no miscarriage of justice in the original sentencing.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Won | Selene Yap of Attorney-General’s Chambers Ashley Poh of Attorney-General’s Chambers |
| Lim Choon Beng | Applicant | Individual | Application dismissed summarily | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Selene Yap | Attorney-General’s Chambers |
| Ashley Poh | Attorney-General’s Chambers |
4. Facts
- The applicant pleaded guilty to four charges involving sexual offences in 2016.
- The High Court imposed a global sentence of 16 years, ten months and two weeks’ imprisonment and 22 strokes of the cane.
- The applicant appealed against his sentence, but the Court of Appeal dismissed his appeal.
- The applicant sought a review of his sentence based on a subsequent Court of Appeal decision in Chang Kar Meng (CA).
- The Court of Appeal in Chang Kar Meng (CA) reduced the sentence for a rape charge from 12 years to ten years.
- The applicant argued that the Judge had relied on Chang Kar Meng (HC) in arriving at the sentence imposed for the Rape Charges in his case.
- The Court of Appeal found no miscarriage of justice in the original sentencing.
5. Formal Citations
- Lim Choon Beng v Public Prosecutor, Criminal Motion No 18 of 2023, [2023] SGCA 18
6. Timeline
| Date | Event |
|---|---|
| Sexual offences committed | |
| Applicant pleaded guilty to four charges | |
| Court of Appeal dismissed applicant's appeal | |
| Chang Kar Meng (CA) heard | |
| Chang Kar Meng (CA) judgment delivered | |
| Court of Appeal hearing | |
| Court of Appeal hearing | |
| Judgment issued |
7. Legal Issues
- Miscarriage of Justice
- Outcome: The court found no miscarriage of justice.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 68
- [2016] SGHC 169
- [2015] SGHC 165
- [2006] 4 SLR(R) 849
- [2020] 2 SLR 1175
- [2022] 1 SLR 1451
- [2014] 2 SLR 1142
- [2015] SGHC 224
- [2021] SGCA 30
- Change in Law
- Outcome: The court held that the cited case did not constitute a change in law applicable to the applicant's case.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 68
8. Remedies Sought
- Reduction of sentence
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Lim Choon Beng | High Court | Yes | [2016] SGHC 169 | Singapore | Cited as the High Court decision where the applicant was originally convicted and sentenced. |
| Public Prosecutor v Chang Kar Meng | High Court | Yes | [2015] SGHC 165 | Singapore | Cited as a sentencing precedent considered by the Judge in the High Court. |
| Chang Kar Meng v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 68 | Singapore | Cited as the Court of Appeal decision that reduced the sentence in Chang Kar Meng (HC), which the applicant argued constituted a change in law. |
| Public Prosecutor v NF | N/A | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited for the sentencing framework used to classify the rape charges. |
| Kreetharan s/o Kathireson v Public Prosecutor and other matters | N/A | Yes | [2020] 2 SLR 1175 | Singapore | Cited for the principle that an application for permission must disclose a legitimate basis for the exercise of the appellate court’s power of review. |
| Roslan bin Bakar and others v Public Prosecutor | N/A | Yes | [2022] 1 SLR 1451 | Singapore | Cited for the principle that the applicant must show that the cumulative requirements for the appellate court’s exercise of its power of review are satisfied. |
| Sivakumar s/o Selvarajah v Public Prosecutor | N/A | Yes | [2014] 2 SLR 1142 | Singapore | Cited as a sentencing precedent considered by the Judge in the High Court. |
| Public Prosecutor v Haliffie bin Mamat | High Court | Yes | [2015] SGHC 224 | Singapore | Cited as a sentencing precedent considered by the Judge in the High Court. |
| Datchinamurthy a/l Kataiah v PP | Court of Appeal | Yes | [2021] SGCA 30 | Singapore | Cited for the principle that the decision susceptible to review in a review application is that of the appellate court, not that of the trial court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code 2010 | Singapore |
| s 394H(1) of the Criminal Procedure Code 2010 | Singapore |
| s 394J(4) of the CPC | Singapore |
| s 394J(2) of the CPC | Singapore |
| s 394J(3)(a) of the CPC | Singapore |
| s 394J(3)(b) of the CPC | Singapore |
| s 394J(3)(c) of the CPC | Singapore |
| s 394J(5)(a) of the CPC | Singapore |
| s 394J(7) of the CPC | Singapore |
| s 394J(5)(b) of the CPC | Singapore |
| s 394F(1) of the CPC | Singapore |
| s 394H(7) of the CPC | Singapore |
| Section 354A(1) of the Penal Code, Chapter 224 (2008 Rev. Ed.) | Singapore |
| Section 375(1)(a) and punishable under Section 375(2) of the Penal Code, Chapter 224 (2008 Rev. Ed.) | Singapore |
| Section 376(1)(a) and punishable under Section 376(3) of the Penal Code, Chapter 224 (2008 Rev. Ed.) | Singapore |
| Art 11 of the Constitution of the Republic of Singapore (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal Procedure Code
- Miscarriage of justice
- Sentencing precedent
- Review application
- Sexual offences
- Change in law
- Aggravating factors
- Totality principle
15.2 Keywords
- Criminal law
- Sentencing
- Appeal
- Singapore
- Sexual offences
- Criminal procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Criminal Law | 80 |
| Offences | 75 |
| Criminal Revision | 70 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Sentencing
- Appeals