Lim Kok Hwee v Public Prosecutor

• Court: District Court (Singapore)
• Judge: Suriakumari d/o Sidambaram
• Judgment Date: 16 February 2001
• Neutral Citation: [2001] SGDC 52
• Citation: [2001] SGDC 52
• Published date: 19 April 2005

Lim Kok Hwee ...appellant

v

Public Prosecutor ...respondent

Citation:	DAC No 445555-6 of 2000
Jurisdiction:	Singapore
Date:	2001:02:16
	2000:02:13, 2000:02:12, 2000:02:09
Court:	Subordinate Courts
Coram:	Suriakumari Sidambaram, District Judge
Counsel:	Inspector Wong Keng (Prosecuting Officer)
	Mr R Palakrishnan SC and Ms Mary Leong (Defence Counsel)

JUDGMENT:

Grounds of Decision

A. The charge

1. The Prosecution initially had charged the Accused on 2 counts under Section 408 of the Penal Code, Cap 224, but subsequently reduced the charges and proceeded against the Accused on the following amended charges:

(a) DAC 44555/2001 ("P1A")

YOU,

Lim Kok Hwee, m/31 yrs

NRIC NO. S 6915869B

are charged that you on the 28th day of December 1999, at Fraser Transport Pte Ltd, located at No.115 Airport Cargo Road #06-07, Singapore, being entrusted with dominion over a certain property, to wit, a sum of S$4,992.87 (US$3,180.17), did commit criminal breach of trust in respect of the said properties, by dishonestly coverting the said sum of money to your own use and you have thereby committed an offence punishable under Section 406 of the Penal Code, Chapter 224.

(b) DAC 44556/2001 (P2A)

YOU,

Lim Kok Hwee, m/31 yrs

NRIC NO. S 6915869B

are charged that you on the 17th day of January 2000, at Fraser Transport Pte Ltd, located at No.115 Airport Cargo Road #06-07, Singapore, being entrusted with dominion over a certain property, to wit, a sum of S$3,240.84 (US$1,940.62), did commit criminal breach of trust in respect of the said properties, by dishonestly coverting the said sum of money to your own use and you have thereby committed an offence punishable under Section 406 of the Penal Code, Chapter 224.

2. The Accused pleaded guilty to the amended charge in DAC 44555/2001 (P1A) and admitted and consented to the amended charge in DAC 44556/2001 (P2A) to be taken into consideration. After having considered the nature and gravity of the charges, the circumstances of the case, the Accused's antecedent records and his mitigation, I sentenced the Accused to 8 month's imprisonment. The Accused being dissatisfied with the sentence is appealing against it.

B. The Facts

3. On the date of the trial of the case, the Accused pleaded guilty to the amended charge ("P1A") in DAC 44555/2001 against him and confirmed that he understood the nature and consequences of his plea. The punishment prescribed by law in respect of the charge was also explained to the Accused.

4. The Prosecution tendered the Statement of Facts (Exhibit "A") the contents of which the Accused admitted unreservedly. The Accused was accordingly found guilty and convicted on the charge against him.

5. The Accused also confirmed that he understood the nature of the amended charge ("P2A") in DAC 44556/2001 that was read and explained to him. He admitted the offence in the amended charge P2A and consented to it being taken into consideration for the purpose of sentencing.

C. Antecedents

6. The Prosecution tendered the antecedent report ("B") on the Accused and informed the court that the Accused has previous convictions, that is,

1. on 21 April 1993, in Court 21, the Accused was convicted on the following 3 charges:

(a) 1 count of house breaking and theft by night under Section 457 read with Section 34 of the Penal Code Cap 224 and sentenced to 27 months imprisonment

(b) 1 count of theft under Section 379 read with Section 34 of the Penal Code Cap 224 and sentenced to 6 months imprisonment; and

(c) 1 count of theft in dwelling under Section 380 read with Section 34 of the Penal Code Cap 224 and sentenced to 15 months imprisonment.

2. on 21 April 1993, the following 3 charges were also taken into consideration by the court for purposes of sentencing the Accused:

(a) 1 count of theft in dwelling under Section 380 read with Section 34 of the Penal Code Cap 224; and

(b) 1 count of theft under Section 379 read with Section 34 of the Penal Code Cap 224.

7. The court had on that occasion ordered that the imprisonment terms in all the 3 charges proceeded with were to run consecutively. The Accused therefore was ordered to serve a total of 48 months', that...