Public Prosecutor v Apinyowichian Yongyut and others

JurisdictionSingapore
JudgeSoh Tze Bian
Judgment Date29 July 2016
Neutral Citation[2016] SGDC 200
CourtDistrict Court (Singapore)
Docket NumberDAC 17334 of 2013 & others
Year2016
Published date17 August 2016
Hearing Date20 July 2015,30 July 2014,27 January 2015,15 October 2015,29 June 2015,30 January 2015,02 July 2015,12 June 2014,29 July 2016,23 April 2014,02 June 2015,11 July 2016,10 June 2014,12 January 2015,18 November 2015,03 August 2015,31 July 2014,05 July 2016,27 January 2016,22 July 2014,23 May 2016,11 June 2014,04 June 2014,21 January 2015,02 February 2015,16 May 2016,05 June 2014,02 June 2014,12 October 2015,05 May 2014,10 November 2014,13 May 2015,04 August 2014,01 December 2014,09 May 2014,23 July 2015,07 May 2014,01 August 2014,03 June 2014,29 July 2014,24 November 2014,30 June 2015,26 May 2016,29 May 2015,25 July 2014,05 October 2015,08 October 2015,28 November 2014,12 June 2015,27 June 2016,04 June 2015,21 July 2014,05 December 2014,14 November 2014,19 January 2015,31 July 2015,21 April 2014,16 January 2015,25 May 2015,03 February 2015,16 November 2015,07 November 2014,06 May 2014,19 May 2016,06 August 2015,03 July 2015,06 July 2015,09 July 2015,03 November 2014,22 April 2014,18 May 2015,05 June 2015,27 July 2015,08 June 2015
Plaintiff CounselTerence Chua, Marshall Lim and Zhou Yihong
Defendant CounselShashi Nathan (DC1), Tania Chin and Jeremy Pereira (KhattarWong LLP),Manoj Nandwani (DC2) and Krystel Primalani (Gabriel Law Coporation),L. Devadason (DC3) (Legal Standard LLP),Satwant Singh (DC4) (Satwant & Associates),Ramesh Tiwary (DC5) (Messrs Ramesh Tiwary),Adrian Wee (DC6) and Jenna Law (Characterist LLC)
Citation[2016] SGDC 200
District Judge Soh Tze Bian: Introduction & charges

Each of the above 14 accused persons (APs), B1 to B14, claimed trial to and was respectively convicted on 5 July 2016 of the following proceeded charges (with the cheating charge under s 172A(1)(b) read with s 172A(3) of the Casino Control Act amended on 23 May 2016 to change the amount in the charge from “$1,409,800” to “$1,372,300” as indicated in bold italics below): B1 (Male/44 years old/Thai National) In DAC 17334/2013, B1 was charged that he, between 6 and 7 May 2013, at the Marina Bay Sands Casino (“the Casino”) located at No.10 Bayfront Avenue, Singapore, did collude with B2 to B14 and other unidentified individuals in a fraudulent scheme, in relation to the playing of the game of ‘Baccarat’ at the Casino at Table No. MD 30222, to wit, by gaining knowledge of a sequence of cards in order to place winning bets based on that knowledge, through which scheme he obtained for himself and the abovementioned individuals cash chips amounting to $1,372,300, and he has thereby committed an offence under s 172A(1)(b) read with s 172A(3), and punishable under s 172A(2) of the Casino Control Act (Cap 33A, 2007 Rev Ed) (CCA) with a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both. In DAC 18225/2013, B1 was charged that he, on 6 May 2013, at or about 11.32 a.m., at the Marina Bay Sands Casino (“the Casino”) located at No.10 Bayfront Avenue, Singapore, a place used for the custody of property, together with B1 to B14 and other unidentified individuals, in furtherance of the common intention of all of them, did commit theft of the following items stored in a locked cabinet in Paiza Salon 302 located in the Casino and in the possession of one Chan Kak Lian, namely, one card carrier valued at S$5.08/-; and 416 pieces of MBS English playing card (equivalent to 8 decks of cards) valued at S$7.05/-, with a total value of S$12.13/- (Twelve dollars and thirteen cents), and he has thereby committed an offence punishable under s 380 read with s 34 of the Penal Code (Cap 224, 2008 Rev Ed) with imprisonment for a term which may extend to 7 years, and he shall also be liable to fine. On 11 July 2016, B1 consented to this Court taking into consideration in sentencing him the stood down charge in DAC 45727/2013 which stated that B1, on 25 April 2013, at or about 6.00 p.m., at the Arrival Hall of Singapore Changi Airport Terminal 1, did move into Singapore, physical currency amounting to at least Singapore Dollars one hundred and one thousand (SGD$101,000.00), the value of which exceeds the prescribed amount of Singapore Dollars Thirty Thousand (SGD$30,000), without giving a full and accurate report to an authorised officer in accordance with s 48C of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) (“the Act”), and he has thereby committed an offence under s 48C(1) and punishable under s 48C(2) of the Act with a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. B2 (Male/ 43 years old/ Thai National) In DAC 17288/2013, B2 was charged that he, between 6 and 7 May 2013, at the Marina Bay Sands Casino (“the Casino”) located at No.10 Bayfront Avenue, Singapore, did collude with B1, B3 to B14 and other unidentified individuals in a fraudulent scheme, in relation to the playing of the game of ‘Baccarat’ at the Casino at Table No. MD30222, to wit, by gaining knowledge of a sequence of cards in order to place winning bets based on that knowledge, through which scheme he obtained for himself and the abovementioned individuals cash chips amounting to $1,372,300, and he has thereby committed an offence under s 172A(1)(b) read with s 172A(3), and punishable under s 172A(2) of the CCA with a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both. In DAC 18007/2013, B2 was charged that he, on 6 May 2013, at or about 11.32 a.m., at the Marina Bay Sands Casino (“the Casino”) located at No.10 Bayfront Avenue, Singapore, a place used for the custody of property, together with B1, B3 to B14 and other unidentified individuals, in furtherance of the common intention of all of them, did commit theft of the following items stored in a locked cabinet in Paiza Salon 302 located in the Casino and in the possession of one Chan Kak Lian, namely, one card carrier valued at S$5.08/-; and 416 pieces of MBS English playing card (equivalent to 8 decks of cards) valued at S$7.05/-, with a total value of S$12.13/- (Twelve dollars and thirteen cents), and he has thereby committed an offence punishable under s 380 read with s 34 of the Penal Code (Cap 224, 2008 Rev Ed) with imprisonment for a term which may extend to 7 years, and he shall also be liable to fine. B3 (Male/ 33 years old/ Thai National) In DAC 17337/2013, B3 was charged that he, between 6 and 7 May 2013, at the Marina Bay Sands Casino (“the Casino”) located at No.10 Bayfront Avenue, Singapore, did collude with B1, B2, B4 to B14 and other unidentified individuals in a fraudulent scheme, in relation to the playing of the game of ‘Baccarat’ at the Casino at Table No. MD30222, to wit, by gaining knowledge of a sequence of cards in order to place winning bets based on that knowledge, through which scheme he obtained for himself and the abovementioned individuals cash chips amounting to $1,372,300, and he has thereby committed an offence under s 172A(1)(b) read with s 172A(3), and punishable under s 172A(2) of the CCA with a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both. B4 (Male/ 39 years old/ Thai National) In DAC 17338/2013, B4 was charged that he, between 6 and 7 May 2013, at the Marina Bay Sands Casino (“the Casino”) located at No.10 Bayfront Avenue, Singapore, did collude with B1 to B3, B5 to B14 and other unidentified individuals in a fraudulent scheme, in relation to the playing of the game of ‘Baccarat’ at the Casino at Table No. MD30222, to wit, by gaining knowledge of a sequence of cards in order to place winning bets based on that knowledge, through which scheme he obtained for himself and the abovementioned individuals cash chips amounting to $1,372,300, and he has thereby committed an offence under s 172A(1)(b) read with s 172A(3), and punishable under s 172A(2) of the CCA with a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both. On 11 July 2016, B4 consented to this Court taking into consideration in sentencing him the stood down charge in DAC 45730/2013 which stated that B4, on 25 April 2013, at or about 6.00 p.m., at the Arrival Hall of Singapore Changi Airport Terminal 1, did move into Singapore, physical currency amounting to at least Singapore Dollars two hundred and ten thousand (SGD$210,000.00), the value of which exceeds the prescribed amount of Singapore Dollars Thirty Thousand (SGD$30,000), without giving a full and accurate report to an authorised officer in accordance with s 48C of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) (“the Act”), and he has thereby committed an offence under s 48C(1) and punishable under s 48C(2) of the Act with a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. B5 (Male/ 29 years old/ Thai National) In DAC 17336/2013, B5 was charged that he, between 6 and 7 May 2013, at the Marina Bay Sands Casino (“the Casino”) located at No.10 Bayfront Avenue, Singapore, did collude with B1 to B4, B6 to B14 and other unidentified individuals in a fraudulent scheme, in relation to the playing of the game of ‘Baccarat’ at the Casino at Table No. MD30222, to wit, by gaining knowledge of a sequence of cards in order to place winning bets based on that knowledge, through which scheme he obtained for himself and the abovementioned individuals cash chips amounting to $1,372,300, and he has thereby committed an offence under s 172A(1)(b) read with s 172A(3), and punishable under s 172A(2) of the CCA with a fine not exceeding $150,000 or to imprisonment for a term not exceeding 7 years or to both. In DAC 18234/2013, B5 was charged that he, on 6 May 2013, at or about 11.32 a.m., at the Marina Bay Sands Casino (“the Casino”) located at No.10 Bayfront Avenue, Singapore, a place used for the custody of property, together with B1 to B4, B6 to B14 and other unidentified individuals, in furtherance of the common intention of all of them, did commit theft of the following items stored in a locked cabinet in Paiza Salon 302 located in the Casino and in the possession of one Chan Kak Lian, namely, one card carrier valued at S$5.08/-; and 416 pieces of MBS English playing card (equivalent to 8 decks of cards) valued at S$7.05/-, with a total value of S$12.13/- (Twelve dollars and thirteen cents), and he has thereby committed an offence punishable under s 380 read with s 34 of the Penal Code (Cap 224, 2008 Rev Ed) with imprisonment for a term which may extend to 7 years, and he shall also be liable to fine. On 11 July 2016, B5 consented to this Court taking into consideration in sentencing him the stood down charge in DAC 45726/2013 which stated that B5, on 25 April 2013, at or about 6.00 p.m., at the Arrival Hall of Singapore Changi Airport Terminal 1, did move into Singapore, physical currency amounting to at least Singapore Dollars eighty thousand (SGD$80,000.00), the value of which exceeds the prescribed amount of Singapore Dollars Thirty Thousand (SGD$30,000), without giving a full and accurate report to an authorised officer in accordance with s 48C of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) (“the Act”), and he has thereby committed an offence under s 48C(1) and punishable under s 48C(2) of the Act with a fine not exceeding $50,000...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT