Public Prosecutor v S Iswaran: Sentencing for Corruption Offences under the Penal Code
In Public Prosecutor v S Iswaran, the General Division of the High Court of Singapore sentenced Mr. S Iswaran, a former Minister, on October 3, 2024, for offences under s 165 and s 204A(a) of the Penal Code. Iswaran pleaded guilty to charges including obtaining valuable things without consideration from Mr. Ong Beng Seng and Mr. Lum Kok Seng, and for obstructing the course of justice. The court sentenced Iswaran to an aggregate of 12 months' imprisonment, emphasizing the importance of public trust and integrity in governance.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Aggregate sentence: 12 months’ imprisonment
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
S Iswaran, a former Singaporean Minister, was sentenced for corruption offences, highlighting the importance of public trust and integrity.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial | Partial | Tai Wei Shyong SC, Tan Kiat Pheng, Christopher Ong, Kelvin Chong, Sarah Siaw, Eugene Phua |
| S Iswaran | Defense | Individual | Lost | Lost | Davinder Singh s/o Amar Singh SC, Navin Shanmugaraj Thevar, Sumedha Madhusudhanan, Sheiffa Safi Shirbeeni, Harriz Bin Jaya Ansor |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tai Wei Shyong SC | Attorney-General’s Chambers |
| Tan Kiat Pheng | Attorney-General’s Chambers |
| Christopher Ong | Attorney-General’s Chambers |
| Kelvin Chong | Attorney-General’s Chambers |
| Sarah Siaw | Attorney-General’s Chambers |
| Eugene Phua | Attorney-General’s Chambers |
| Davinder Singh s/o Amar Singh SC | Davinder Singh Chambers LLC |
| Navin Shanmugaraj Thevar | Davinder Singh Chambers LLC |
| Sumedha Madhusudhanan | Davinder Singh Chambers LLC |
| Sheiffa Safi Shirbeeni | Davinder Singh Chambers LLC |
| Harriz Bin Jaya Ansor | Davinder Singh Chambers LLC |
4. Facts
- Accused, Mr S Iswaran, was formerly a Minister of the Government of Singapore.
- From 2015 to 2022, the accused obtained valuable things without consideration from Mr Ong Beng Seng (OBS) and Mr Lum Kok Seng (LKS).
- Accused knew that OBS and LKS were concerned in business transacted which had a connection with his official functions.
- Accused pleaded guilty to charges under s 165 of the Penal Code and s 204A(a) of the Penal Code.
- The approximate total value of the valuable things obtained from OBS was S$384,340.98.
- The approximate total value of the valuable things obtained from LKS was S$18,956.94.
- Accused made payment for a business class flight ticket from Doha to Singapore previously obtained from OBS.
5. Formal Citations
- Public Prosecutor v S Iswaran, Criminal Case No 50 of 2024, [2024] SGHC 251
6. Timeline
| Date | Event |
|---|---|
| Accused was a Member of Parliament from 1997 to 2024 | |
| Government established the F1 Steering Committee | |
| Singapore F1 race was organised and promoted from 2008 to 2023 | |
| 2012 Restatement of the Facilitation Agreement entered into | |
| Accused obtained two tickets to the show “Thriller” | |
| Accused obtained ten Green Room tickets to the 2016 Singapore Formula 1 Grand Prix | |
| Accused obtained ten Green Room tickets to the 2017 Singapore Formula 1 Grand Prix | |
| Facilitation Agreement for the Singapore Grand Prix 2018 to 2021 entered into | |
| Accused obtained four tickets to the show “Book of Mormon” | |
| Accused obtained six Twenty3 tickets to the 2018 Singapore Formula 1 Grand Prix | |
| Accused obtained four tickets to the show “Hamilton” | |
| Accused obtained six Green Room tickets to the 2019 Singapore Formula 1 Grand Prix | |
| Accused obtained four bottles of Gordon & MacPhail Caol Ila whisky | |
| Accused obtained 14 bottles of whisky and wine | |
| Facilitation Agreement for the Singapore Grand Prix 2022 to 2028 entered into | |
| Accused obtained a Brompton T Line bicycle | |
| Accused obtained an outbound flight on a private plane from Singapore to Doha | |
| Accused made payment of S$5,700 to Singapore GP Pte Ltd | |
| Commencement of CPIB’s investigations | |
| Accused resigned from office | |
| Accused disgorged to the Accountant-General his financial gain from his offences | |
| Court directed parties to address the relevance of Mohd Khir bin Toyo v Public Prosecutor | |
| Judgment reserved |
7. Legal Issues
- Sentencing for offences under s 165 of the Penal Code
- Outcome: The court held that general deterrence is the predominant consideration and a custodial sentence would generally be the starting point.
- Category: Substantive
- Reduction in sentence for guilty pleas
- Outcome: The court held that the SAP PG Guidelines provide for a downward gradation in the applicable sentencing reduction as the proceedings progress.
- Category: Procedural
- Obstructing the Course of Justice
- Outcome: The court found the accused guilty of obstructing the course of justice.
- Category: Substantive
8. Remedies Sought
- Imprisonment
- Fine
9. Cause of Actions
- Breach of trust
- Corruption
10. Practice Areas
- Criminal Law
- Corruption
11. Industries
- Government
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| S Iswaran v Public Prosecutor | High Court | Yes | [2024] 4 SLR 965 | Singapore | Cited for the application for a joinder of all 35 charges under ss 133 and 134 of the Criminal Procedure Code 2010 (2020 Rev Ed) (the “CPC”) |
| S Iswaran v Public Prosecutor | High Court | Yes | [2024] 4 SLR 1624 | Singapore | Cited for the application under s 404 of the CPC in HC/CR 12/2024 for revision of the AR’s decision. |
| S Iswaran v Public Prosecutor | Court of Appeal | Yes | [2024] SGCA 35 | Singapore | Cited for the application under s 397(1) of the CPC in CA/CM 32/2024 for permission to refer two questions of law to the Court of Appeal. |
| Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the principles of general deterrence in sentencing. |
| Public Prosecutor v Hue An Li | High Court | Yes | [2014] 4 SLR 661 | Singapore | Cited for the sentencing approach of determining the default punitive position by reference to the punishment at the two ends of the spectrum of possible sentences. |
| Public Prosecutor v BDB | High Court | Yes | [2018] 1 SLR 127 | Singapore | Cited for the sentencing approach of determining the default punitive position by reference to the punishment at the two ends of the spectrum of possible sentences. |
| Chiew Kok Chai v Public Prosecutor | High Court | Yes | [2019] 5 SLR 713 | Singapore | Cited for the principle that a custodial sentence should be the norm for offences of making a false declaration in connection with a work pass application. |
| Koh Yong Chiah v Public Prosecutor | High Court | Yes | [2017] 3 SLR 447 | Singapore | Cited for the principle that the courts should, as a starting point, impose a custodial term if “appreciable harm” may be caused by the offence of providing false information to a public servant under s 182 of the Penal Code. |
| Mohd Khir bin Toyo v Public Prosecutor | Federal Court | Yes | [2015] 5 MLJ 429 | Malaysia | Cited as a foreign precedent indicating that the nature of the offender’s office may be a relevant sentencing consideration for offences under s 165 of the Penal Code. |
| Chan Chun Hong v Public Prosecutor | High Court | Yes | [2016] 3 SLR 465 | Singapore | Cited for the principle that it is permissible for a sentencing court to have regard to relevant decisions of foreign courts in order to discern sentencing principles and considerations. |
| Parthiban a/l Kanapathy v Public Prosecutor | Court of Appeal | Yes | [2021] 2 SLR 847 | Singapore | Cited for the principle that general deterrence ought to be the primary sentencing consideration for offences under s 204A. |
| Muhammad Khalis bin Ramlee v Public Prosecutor | High Court | Yes | [2018] 5 SLR 449 | Singapore | Cited for the principle that an accused person should only be punished when he has a guilty mind. |
| Seah Hock Thiam v Public Prosecutor | High Court | Yes | [2013] SGHC 136 | Singapore | Cited for the principle that the court should assess each case on its own facts, taking into account all the relevant factors in assessing the culpability of an offender. |
| Public Prosecutor v Joshua Tan Jun Liang | District Court | Yes | [2023] SGDC 2 | Singapore | Cited for the sentencing of offenders who destroy evidence. |
| Public Prosecutor v Chng Min Sheng | District Court | Yes | [2024] SGDC 102 | Singapore | Cited for the sentencing of offenders who destroy evidence. |
| Public Prosecutor v Ivan Goh Feng Jun (Wu Fengjun) | District Court | Yes | [2024] SGDC 46 | Singapore | Cited for the sentencing of offenders who destroy evidence. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the principle that the existence of similar charges taken into consideration for sentencing is an offender-specific aggravating factor. |
| Public Prosecutor v UI | Unknown | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited for the principle that a court will normally increase a sentence where there are offences taken into consideration for sentencing. |
| Stansilas Fabian Kester v Public Prosecutor | High Court | Yes | [2017] 5 SLR 755 | Singapore | Cited for the principle that it is necessary to justify the mitigating value of public service and contributions by reference to the four established principles of sentencing. |
| Gan Chai Bee Anne v Public Prosecutor | Court of Appeal | Yes | [2019] 4 SLR 838 | Singapore | Cited for the principle that an offender’s making of timely and voluntary restitution for loss caused by his offending conduct has generally been regarded as evidence of his remorse, and therefore as a mitigating factor. |
| Angliss Singapore Pte Ltd v Public Prosecutor | Unknown | Yes | [2006] 4 SLR(R) 653 | Singapore | Cited for the principle that an offender’s making of timely and voluntary restitution for loss caused by his offending conduct has generally been regarded as evidence of his remorse, and therefore as a mitigating factor. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited for the principles in sentencing an offender for multiple offences. |
| Public Prosecutor v Raveen Balakrishnan | Court of Appeal | Yes | [2018] 5 SLR 799 | Singapore | Cited for the principle that a multiple offender who has committed unrelated offences should be separately punished for each offence. |
| ADF v Public Prosecutor and another appeal | Court of Appeal | Yes | [2010] 1 SLR 874 | Singapore | Cited for the principle that there may be circumstances where it is appropriate to order more than two sentences to run consecutively. |
| Janardana Jayasankarr v Public Prosecutor | High Court | Yes | [2016] 4 SLR 1288 | Singapore | Cited for the principle that sentencing is ultimately a matter for the court. |
| CRH v Public Prosecutor | Court of Appeal | Yes | [2024] 1 SLR 998 | Singapore | Cited for the principle that sentencing is within the court’s purview, and the Prosecution’s position is not determinative of the sentence which the court may impose. |
| Rajendran s/o Nagarethinam v Public Prosecutor and another appeal | High Court | Yes | [2022] 3 SLR 689 | Singapore | Cited for the principle that s 204A of the Penal Code did not require an accused to know about the particular predicate charge(s) that might be brought against him or anyone else before he could be guilty. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Penal Code 1871 (2020 Rev Ed) | Singapore |
| s 165 of the Penal Code | Singapore |
| s 204A(a) of the Penal Code 1871 | Singapore |
| s 161 of the Penal Code | Singapore |
| s 21 of the Penal Code | Singapore |
| Prevention of Corruption Act 1960 | Singapore |
| Criminal Procedure Code 2010 | Singapore |
| Employment of Foreign Manpower Act | Singapore |
| Road Traffic Act 1961 | Singapore |
| Payment Services Act 2019 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Public servant
- Valuable thing
- Consideration
- Official functions
- F1 Steering Committee
- Singapore GP Pte Ltd
- Singapore Tourism Board
- Land Transport Authority
- Lum Chang Building Contractors Pte Ltd
- Obstructing the course of justice
- Sentencing Advisory Panel’s Guidelines on Reduction in Sentences for Guilty Pleas
15.2 Keywords
- Corruption
- Penal Code
- Public Servant
- Singapore
- S Iswaran
- Sentencing
- Criminal Law
16. Subjects
- Criminal Law
- Corruption
- Sentencing
17. Areas of Law
- Criminal Law
- Statutory Offences
- Penal Code
- Criminal Procedure
- Sentencing