S Iswaran v Public Prosecutor: Joinder of Charges under Criminal Procedure Code
Mr. S Iswaran applied to the General Division of the High Court of Singapore for a joinder of 35 charges against him under ss 133 and 134 of the Criminal Procedure Code. The charges include offences under s 165 and s 204A of the Penal Code, and s 6(a) of the Prevention of Corruption Act. The court, presided over by Vincent Hoong J, allowed the application, ordering a joinder of all charges, finding that the charges were similar in nature and that a single trial would not prejudice the applicant.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Application Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for joinder of charges by S Iswaran against Public Prosecutor. The court allowed the application, ordering a joinder of all charges.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| S Iswaran | Applicant | Individual | Application Allowed | Won | Davinder Singh s/o Amar Singh SC, Navin Shanmugaraj Thevar, Rajvinder Singh Chahal, Sheiffa Safi Shirbeeni |
| Public Prosecutor | Respondent | Government Agency | Application Dismissed | Lost | Tai Wei Shyong SC, Tan Kiat Pheng, Jiang Ke Yue, Kelvin Chong, Goh Qi Shuen |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Davinder Singh s/o Amar Singh SC | Davinder Singh Chambers LLC |
| Navin Shanmugaraj Thevar | Davinder Singh Chambers LLC |
| Rajvinder Singh Chahal | Davinder Singh Chambers LLC |
| Sheiffa Safi Shirbeeni | Davinder Singh Chambers LLC |
| Tai Wei Shyong SC | Attorney-General’s Chambers |
| Tan Kiat Pheng | Attorney-General’s Chambers |
| Jiang Ke Yue | Attorney-General’s Chambers |
| Kelvin Chong | Attorney-General’s Chambers |
| Goh Qi Shuen | Attorney-General’s Chambers |
4. Facts
- Mr. S Iswaran faces 35 charges, including 24 under s 165 of the Penal Code related to Mr. Ong Beng Seng.
- Two charges under s 6(a) of the Prevention of Corruption Act relate to advancing Mr. Ong Beng Seng's business interests.
- One charge under s 204A(a) of the Penal Code relates to repaying the cost of a business class flight.
- Eight charges under s 165 of the Penal Code relate to Mr. Lum Kok Seng.
- The applicant applied for a joinder of all 35 charges.
- The prosecution contested the application, arguing that the charges related to Mr. Lum Kok Seng should be tried separately.
- The applicant confirmed that a joinder of all 35 charges causes no prejudice or embarrassment to the Defence.
5. Formal Citations
- S Iswaran v Public Prosecutor, Criminal Motion No 16 of 2024, [2024] SGHC 123
- PP v Tan Hor Peow Victor and others, , [2006] SGDC 55
- PP v Lim Beng Tai, , [2009] SGDC 448
6. Timeline
| Date | Event |
|---|---|
| Criminal Procedure Code 2010 (2020 Rev Ed) enacted | |
| Alleged offences under s 165 of the Penal Code began | |
| Alleged offences under s 165 of the Penal Code continued | |
| Alleged offences under s 165 of the Penal Code relating to LKS began | |
| Alleged offences under s 165 of the Penal Code relating to LKS continued | |
| Alleged offences under s 6(a) of the Prevention of Corruption Act 1960 began | |
| Alleged offences under s 6(a) of the Prevention of Corruption Act 1960 continued | |
| Applicant's business class flight from Doha to Singapore | |
| Alleged offence under s 204A(a) of the Penal Code occurred | |
| Criminal Case Disclosure Conference | |
| Applicant’s Affidavit | |
| Prosecution’s Written Submissions | |
| Applicant’s Reply Submissions | |
| Prosecution’s Reply Submissions | |
| Judgment delivered |
7. Legal Issues
- Joinder of Charges
- Outcome: The court allowed the joinder of all 35 charges.
- Category: Procedural
- Sub-Issues:
- Similarity of offences
- Prejudice to the accused
- Related Cases:
- [1971] 1 AC 29
- [1970] 1 QB 125
- [2017] 4 WLR 93
- [2023] WASCA 187
- [2019] SGHC 105
- [2022] SGHC 91
- Prerogative of the Public Prosecutor
- Outcome: The court held that an application for joinder of charges is not within the sole prerogative of the Prosecution and therefore may be made by the Defence.
- Category: Procedural
- Related Cases:
- [2020] 1 SLR 64
8. Remedies Sought
- Joinder of all charges for a single trial
9. Cause of Actions
- Violation of s 165 of the Penal Code
- Violation of s 6(a) of the Prevention of Corruption Act
- Violation of s 204A(a) of the Penal Code
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Cheng Bock v Attorney-General | Singapore High Court | Yes | [2017] 2 SLR 850 | Singapore | Cited for the principle of statutory interpretation, emphasizing the importance of the text and context of a provision. |
| Lim Chit Foo v PP | Court of Appeal | Yes | [2020] 1 SLR 64 | Singapore | Cited to clarify the court's overall control and supervision over proceedings, including the standing down of charges. |
| Ludlow v Metropolitan Police Commissioner | House of Lords | Yes | [1971] 1 AC 29 | England and Wales | Cited for the legal test to determine whether offences form a series of similar character, requiring both factual and legal similarity. |
| R v Kray | English Court of Appeal | Yes | [1970] 1 QB 125 | England and Wales | Cited for the principle that a joinder of charges is appropriate if the offences exhibit similar features, allowing them to be conveniently tried together. |
| R v Williams (Malachi) | English Court of Appeal | Yes | [2017] 4 WLR 93 | England and Wales | Cited for the view that the court takes into account the wider characteristics of the offences to establish whether there was a sufficient nexus between them. |
| CGF v State of Western Australia | Western Australian Court of Appeal | Yes | [2023] WASCA 187 | Australia | Cited for the principle that a sufficient similarity and connection is necessary for offences to form part of a series of offences of the same or a similar character. |
| PP v Ridhaudin bin Bakri | High Court | Yes | [2019] SGHC 105 | Singapore | The Prosecution relied on this case, but the court found that the reliance was misplaced. |
| PP v BZT | High Court | Yes | [2022] SGHC 91 | Singapore | Cited for allowing a joinder of sexual charges to be tried at a single trial. |
| Mohamed Shouffee bin Adam v PP | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited for considerations such as proximity of time and place as well as unity of design and purpose when considering whether offences were committed in one transaction. |
| Tse Po Chung Nathan and another v PP | Singapore High Court | Yes | [1993] 1 SLR(R) 308 | Singapore | Cited for the principle that offences with a clear continuity of action form part of the same transaction and may be joined. |
| Rajendran s/o Nagarethinam v PP | Singapore High Court | Yes | [2022] 3 SLR 689 | Singapore | Cited as an example where charges under s 204A of the Penal Code were tried with the offences to which the alleged obstruction of the course of justice relates. |
| PP v Soh Chee Wen and another | Singapore High Court | Yes | [2023] SGHC 299 | Singapore | Cited as an example where charges under s 204A of the Penal Code were tried with the offences to which the alleged obstruction of the course of justice relates. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code 2010 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Prevention of Corruption Act 1960 | Singapore |
| Penal Code 1871 | Singapore |
| Constitution of the Republic of Singapore | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Joinder of charges
- Series of offences
- Same transaction
- Prejudice to the accused
- Public Prosecutor's prerogative
- Factual similarity
- Legal similarity
- Mens rea
- Actus reus
15.2 Keywords
- Criminal Procedure Code
- Penal Code
- Prevention of Corruption Act
- Joinder of Charges
- Singapore
- Criminal Law
16. Subjects
- Criminal Procedure
- Criminal Law
- Statutory Interpretation
17. Areas of Law
- Criminal Procedure
- Criminal Law