Lim Woon Cheng Anthony v Public Prosecutor

• Jurisdiction: Singapore
• Judgment Date: 10 October 1997
• Date: 10 October 1997
• Docket Number: Magistrate's Appeal No 73 of 1997
• Court: High Court (Singapore)

Lim Woon Cheng Anthony

Plaintiff

and

Public Prosecutor

Defendant

[1997] SGHC 253

Yong Pung How CJ

Magistrate's Appeal No 73 of 1997

High Court

Criminal Law–Abetment–Abetting the making of false statutory declaration–Abetting offence of cheating–Whether appellant had requisite mens rea to aid and abet commission of offences–Sections 109, 199 and 420 Penal Code (Cap 224, 1985 Rev Ed)

The appellant (“Lim”) was convicted by the District Court for four offences, two for abetment of making a false statutory declaration to the Land Transport Authority (“LTA”), and the other two for abetment of cheating the LTA into transferring ownership of two vehicles. Lim was the general manager and director of Kenso Leasing Pte Ltd (“Kenso”), a firm involved mainly in the vehicle financing and leasing business. The issue at appeal was whether, on the facts, there was sufficient evidence from which the district judge could draw an inference that the appellant had the necessary mens reas of intention to aid and abet one Ho, a despatch rider who worked for Kenso on a freelance basis, in the commission of the offences.

Held, dismissing the appeal:

(1) Lim knew that making a false statutory declaration to a government department was illegal. He was aware of the contents of the letters of authorisation and that they were used to swear false statutory declarations. He had been in the car leasing business for over a decade and could not have been unaware of the practice of making such false declarations. Even if he did not read the declarations, that did not defeat the finding that he knew of the three elements of falsity in them: at [39].

(2) Lim had knowledge of the contents of the statutory declaration when he signed it. He had the necessary mens rea of an intention to aid and abet Ho in committing the offence of swearing a false statutory declaration. It followed that he had the intention to aid and abet Ho in cheating the LTA by causing the latter to transfer the ownership of the cars: at [41].

Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 122 (6)

Penal Code (Cap 224, 1985 Rev Ed) ss 109, 199, 420 (consd);ss 71, 193

Wong Kah Chiew (Harpal Wong & M Seow) for the appellant

Danielle Yeow Ping Lin (Deputy Public Prosecutor) for the respondent.

Yong Pung How CJ

1 This appeal arose out of a conviction for four offences, two for abetment of making a false statutory declaration under s 109 read with s 199 and punishable under s 193 Penal Code (Cap 224), the other two for abetment of cheating punishable under s 109 read with s 420 Penal Code. The district judge sentenced the appellant to two weeks' imprisonment for each count of abetting of making a false statutory declaration (District Arrest Case No 12076 of 1996 and District Arrest Case No 6003 of 1997). He sentenced the appellant to 12 months' imprisonment for one count of abetment of cheating and ten months' imprisonment for the other count of abetment of cheating (District Arrest Case No 12074 of 1996 and District Arrest Case No 6002 of 1997). The sentences in District Arrest Case No 12074 of 1996 and District Arrest Case No 6003 of 1997 were to run consecutively and the sentences in District Arrest Case No 12076 of 1996 and District Arrest Case No 6002 of 1997 were to run concurrently with District Arrest Case No 12074 of 1996 and District Arrest Case No 6003 of 1997. The appellant was thus faced with imprisonment for a total of 12 months and two weeks.

2 The appellant denied committing the four offences and appealed to this court on the grounds that the district judge had erred in fact and in law in his finding of guilt. The appellant submitted, in the alternative, that the sentence imposed by the district judge was manifestly excessive.

3 The appeal came up for hearing before me on 2 September 1997. At the close of the submissions by counsel for the appellant, I adjourned the hearing. The appellant's counsel had contended that there was no evidence from which the district judge could draw the inference that the appellant had the necessary mens rea.I thought that it would be fairer if the DPP was given some time to review the evidence before replying. The adjourned hearing took place on 18 September 1997. I dismissed the appeal against conviction and affirmed the sentence. I will now set out my grounds of decision.

The charge

4 The appellant in this case faced the following four amended charges:

DAC 12074/96

You, Lim Woon Cheng Anthony, male/44 yrs

NRIC No S0016386-D

are charged that you, between 15 and 16 March 1994 in Singapore, did abet one Ho Fook Meng in the commission of the offence of cheating by intentionally aided the said Ho Fook Meng in providing him with a letter of authorization dated 15 March 1994 for him to submit a false statutory declaration made by him to the Registry of Vehicles, in which he had falsely stated that motor vehicle SBV 8353 P had been sold to your company, Kenso Leasing Private Ltd by Goh Hock Lye on 7 March 1994 and that he could not obtain his identity card as a family member of Goh Hock Lye told him that Goh Hock Lye had gone on an overseas posting to Sydney, Australia, which statutory declaration was intended by the said Ho Fook Meng to and which thereby dishonestly induced one Yew Foon Lian Martha of the Registry of Vehicles to effect the transfer of the ownership of the vehicle from the said Goh Hock Lye to Kenso Leasing Private Ltd, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under s 109 read with s 420 of the Penal Code (Cap 224).

DAC 6002/97

You, Lim Woon Cheng Anthony, male/44 yrs

NRIC No S0016386-D

are charged that you, between 15 and 16 March 1994 in Singapore, did abet one Ho Fook Meng in the commission of the offence of cheating by intentionally aided the said Ho Fook Meng in providing him with a letter of authorization dated 15 March 1994 for him to submit a false statutory declaration made by him to the Registry of Vehicles, in which he had falsely stated that motor vehicle SBM 1684 C had been sold to your company, Kenso Leasing Private Ltd by Tiew Lue Wah on 7 March 1994 and that he could not get the identity card of Tiew Lue Wah as a family member of the said Tiew Lue Wah had told him that he had gone on an overseas posting to Batam, Indonesia, which statutory declaration was intended by the said Ho Fook Meng to and which thereby dishonestly induced one Yew Foon Lian Martha of the Registry of Vehicles to effect the transfer of the ownership of the vehicle from the said Tiew Lue Wah to Kenso Leasing Private Ltd, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under s 109 read with s 420 of the Penal Code (Cap 224).

DAC 12076/96

You, Lim Woon Cheng, Male/44 yrs

NRIC No S0016386-D

are charged that you, on or about 16 March 1994, in Singapore, abetted one Ho Fook Meng in the commission of an offence of making false statements to one Yew Foon Lian Martha, a Commissioner for Oaths, by intentionally aiding the said Ho Fook Meng in providing him with a letter of authorization letter dated 15 March 1994 for him to submit a false statutory declaration before the said Commissioner for Oaths in which he stated that 'motor vehicle SBV 8353 P have been sold to my company, Kenso Leasing Private Limited by Goh Hock Lye on 7 March 1994 and that the family member of Goh Hock Lye had told him that Goh Hock Lye is on an overseas posting in Sydney, Australia, and that he can't get his identity card, and that the vehicle be transferred and registered in the name of Kenso Leasing Private Ltd', which statements he knew to be false touching a point material to the object for which the declaration was made, namely to support an application for Transfer of Ownership of the said vehicle, which declaration the Registrar of Vehicles was authorised by law to receive as evidence of a fact, which offence was committed in consequence of your abetment, and you have thereby committed an offence under s 109 read with s 199 and punishable under s 193 of the Penal Code (Cap 224).

DAC 6003/96

You, Lim Woon Cheng Anthony, Male 44/yrs

NRIC No S0016386-D

are charged that you, on or about 16 March 1994, in Singapore, abetted one Ho Fook Meng in the commission of an offence of making false statements to one Lim Hua Bee, a Commissioner for Oaths, by intentionally aiding the said Ho Fook Meng in providing him with a letter of authorization dated 15 March 1994, for him to submit a false statutory declaration before the said Commissioner for Oaths in which he stated that...