Law Society of Singapore v Loh Wai Mun Daniel

• Jurisdiction: Singapore
• Judgment Date: 23 February 2004
• Date: 23 February 2004
• Docket Number: Originating Summons No 1512 of
• Court: High Court (Singapore)

Law Society of Singapore

Plaintiff

and

Loh Wai Mun Daniel

Defendant

[2004] SGHC 36

Yong Pung How CJ

,

Chao Hick Tin JA

and

Tan Lee Meng J

Originating Summons No 1512 of 2003

High Court

Legal Profession–Show cause action–Advocate and solicitor convicted of criminal breach of trust–Weight to be given to mitigating factors–Appropriate order to be made–Section 83 (1) Legal Profession Act (Cap 161, 2001 Rev Ed), s 409 Penal Code (Cap 224, 1985 Rev Ed)

The respondent was an advocate and solicitor, and the sole proprietor of Daniel Loh & Partners. The respondent acted for his clients in property transactions and had dominion over a percentage of the purchase price of these properties, to be held as stakeholder moneys. He was also trustee over moneys released by banks as loans to his clients, to be used to make progress payments to vendors or developers. The respondent misappropriated these funds for his own use. He was subsequently convicted of four charges of criminal breach of trust under s 409 of the Penal Code (Cap 224). The Law Society then applied to make absolute an order to show cause and for disciplinary action to be taken against the respondent.

Held, granting the application and striking the respondent off the roll:

(1) The fact that the respondent was convicted of an offence involving dishonesty committed in his capacity as advocate and solicitor was, in itself, sufficient for the court to determine that due cause had been shown under s 83 (2) (a) of the Legal Profession Act (Cap 161): at [6].

(2) Where the case involved an offender of proven dishonesty, the weight to be attached to a plea in mitigation was negligible and a striking off would be the consequence as a matter of course: at [10].

Law Society of Singapore v Ravindra Samuel [1999] 1 SLR (R) 266; [1999] 1 SLR 696 (folld)

Law Society of Singapore v Tham Yu Xian Rick [1999] 3 SLR (R) 68; [1999] 4 SLR 168 (folld)

Law Society of Singapore v Wong Sin Yee [2003] 3 SLR (R) 209; [2003] 3 SLR 209 (folld)

Legal Profession Act (Cap 161, 2001 Rev Ed) s 83 (1) (consd);ss 83 (2) (a), 94A, 98 (5)

Legal Profession (Solicitors' Accounts) Rules (Cap 161, R 8, 1999 Rev Ed)

Penal Code (Cap 224, 1985 Rev Ed) s 409 (consd)

Zaheer K Merchant (Madhavan Partnership) for the applicant

Respondent absent.

Yong Pung How CJ

(delivering the judgment of the court):

1 This was an application by the Law Society of Singapore (“the Law Society”) under s 98 (5) of the...