Public Prosecutor v Ashlyn Keara Ho Foong Mun

• Jurisdiction: Singapore
• Judge: Mathew Joseph
• Judgment Date: 02 October 2019
• Neutral Citation: [2019] SGDC 204
• Court: District Court (Singapore)
• Docket Number: DAC-919711-2017 & 52 ors
• Year: 2019
• Published date: 10 October 2019
• Hearing Date: 18 July 2019,30 August 2019,12 June 2019,03 April 2019
• Plaintiff Counsel: DPP Edwin Soh
• Defendant Counsel: Ms Ngiam Hian Theng Diana
• Citation: [2019] SGDC 204

District Judge Mathew Joseph: INTRODUCTION

The accused is a 32-year-old female Singaporean. The accused had committed numerous theft and cheating related offences against a total of 5 victims. Two of the victims were the accused’s romantic partners at different points in time.

BACKGROUND

The accused had pleaded guilty to 18 charges. These charges included 2 charges under s. 468 of the Penal Code, 3 charges under s. 420 of the Penal Code, 3 charges under s. 379 of the Penal Code, and 10 charges under s. 3(1) of the Computer Misuse Act (“CMA”).

The accused pleaded guilty and was convicted and sentenced to a total of 13 months imprisonment. She has appealed against her sentence.

The accused is presently on bail pending her appeal against sentence.

THE PROCEEDED CHARGES

The 18 proceeded charges are set out below -

DAC-919711-2017

You,

are charged that on or about 11 March 2015, in Singapore, did forge a certain document, to wit, a BOC credit card application form, by fraudulently signing the said document as one Tan Xue Ling Denise, intending that the forged document be used for the purpose of cheating, to wit, by deceiving Bank of China (the “Bank”) into believing that the said document was signed by Tan Xue Ling Denise and dishonestly inducing the Bank to deliver to you a BOC SHOP! Credit Card number XXX, and you have thereby committed an offence punishable under Section 468 of the Penal Code (Cap 224, 2008 Rev Ed).

DAC-919712-2017

You,

are charged that on or about 12 March 2015, in Singapore, did forge a certain document, to wit, a Malayan Banking Berhad (“Maybank”) credit card application form, by fraudulently signing the said document as one Tan Xue Ling Denise, intending that the forged document be used for the purpose of cheating, to wit, by deceiving Maybank into believing that the said document was signed by Tan Xue Ling Denise and dishonestly inducing Maybank to deliver to you a Maybank Platinum Visa credit card number XXX, and you have thereby committed an offence punishable under Section 468 of the Penal Code (Cap 224, 2008 Rev Ed).

DAC-919739-2017

You,

are charged that on or about 16 January 2014, in Singapore, did cheat one Shen Liwen, Jamie by deceiving the said Shen Liwen, Jamie into believing that you were one Wang Meizhen and that you needed money for a legal matter, and by such manner by deception, you dishonestly induced the said Shen Liwen, Jamie to deliver property, to wit, the sum of S$3,000 to you by electronic transfer to your POSB Savings Account (Account No.: XXX), and you have thereby committed an offence punishable under Section 420 of the Penal Code (Chapter 224, 2008 Rev Ed).

DAC-919742-2017

You,

are charged that on or about 13 February 2014, in Singapore, did cheat one Khoo Fang Xuan by deceiving the said Khoo Fang Xuan into believing that you were one Wang Meizhen and that you needed money for a legal matter, and by such manner by deception, you dishonestly induced the said Khoo Fang Xuan to deliver property, to wit, the sum of S$4,500 to your mother by electronic transfer to your mother’s POSB Savings Account (Account No.: XXX), and you have thereby committed an offence punishable under Section 420 of the Penal Code (Chapter 224, 2008 Rev Ed).

DAC-919743-2017

You,

are charged that on or about 13 February 2014, in Singapore, did cheat one Denise Lai Xiuyi by deceiving the said Denise Lai Xiuyi into believing that you were one Wang Meizhen and that you needed money for a legal matter, and by such manner by deception, you dishonestly induced the said Denise Lai Xiuyi to deliver property, to wit the sum of S$3,000 to you by electronic transfer to your POSB Savings Account (Account No.: XXX), and you have thereby committed an offence punishable under Section 420 of the Penal Code (Chapter 224, 2008 Rev Ed).

MAC-905086-2017

You,

are charged that on or about 5 September 2015, at Blk 30 Seng Poh Road, Tiong Bahru Market & Food Centre, Singapore 168898, did knowingly cause a computer, to wit, an Automated Teller Machine (“ATM”), to perform a function for the purpose of securing access without authority to data held in DBS Bank’s computer server, to wit, by using the ATM card of one Tan Xue Ling Denise to transfer $5000/- to POSB Savings account number XXX, and you have thereby committed an offence punishable under Section 3(1) of the Computer Misuse Act (Cap 50A, 2007 Rev Ed).

MAC-905087-2017

You,

are charged that on or about 6 September 2015 , at Blk 502 Jurong West Avenue 1, Singapore 640502, did knowingly cause a computer, to wit, an Automated Teller Machine (“ATM”), to perform a function for the purpose of securing access without authority to data held in DBS Bank’s computer server, to wit, by using the ATM card of one Tan Xue Ling Denise to transfer $5000/- to POSB Savings account number XXX, and you have thereby committed an offence punishable under Section 3(1) of the Computer Misuse Act (Cap 50A, 2007 Rev Ed).

MAC-905088-2017

You,

are charged that on or about 7 September 2015, at Blk 30 Seng Poh Road, Tiong Bahru Market & Food Centre, Singapore 168898, did knowingly cause a computer, to wit, an Automated Teller Machine (“ATM”), to perform a function for the purpose of securing access without authority to data held in DBS Bank’s computer server, to wit, by using the ATM card of one Tan Xue Ling Denise to transfer $5000/- to POSB Savings account number XXX, and you have thereby committed an offence punishable under Section 3(1) of the Computer Misuse Act (Cap 50A, 2007 Rev Ed).

MAC-905093-2017

You,

are charged that on or about 8 September 2015, at No 35 Selegie Road, Parklane Mall, Singapore, did knowingly cause a computer, to wit, an Automated Teller Machine (“ATM”), to perform a function for the purpose of securing access without authority to data held in DBS Bank’s computer server, to wit, by using the ATM card of one Tan Xue Ling Denise to transfer $5000/- to POSB Savings account number XXX, and you have thereby committed an offence punishable under Section 3(1) of the Computer Misuse Act (Cap 50A, 2007 Rev Ed).

MAC-905097-2017

You,

are charged that on or about 14 September 2015 , at Blk 638 Jurong West Street 61, Pioneer Mall, Singapore, did knowingly cause a computer, to wit, an Automated Teller Machine (“ATM”), to perform a function for the purpose of securing access without authority to data held in DBS Bank’s computer server, to wit, by using the ATM card of one Tan Xue Ling Denise to transfer $5000/- to POSB Savings account number XXX, and you have thereby committed an offence punishable under Section 3(1) of the Computer Misuse Act (Cap 50A, 2007 Rev Ed).

MAC-905099-2017

You,

are charged that on or about 18 September 2015 , at No 26 Sentosa Gateway, Resort World Sentosa, Basement 1 Forum 4, Singapore, did knowingly cause a computer, to wit, an Automated Teller Machine (“ATM”), to perform a function for the purpose of securing access without authority to data held in DBS Bank’s computer server, to wit, by using the ATM card of one Tan Xue Ling Denise to transfer $3000/- to POSB Savings account number XXX, and you have thereby committed an offence punishable under Section 3(1) of the Computer Misuse Act (Cap 50A, 2007 Rev Ed).

MAC-905104-2017

You,

are charged that on or about 13 October 2015, at No 396 Telok Blangah Road, Singapore 098837, did knowingly cause a computer, to wit, an Automated Teller Machine (“ATM”), to perform a function for the purpose of securing access without authority to data held in DBS Bank’s computer server, to wit, by using the ATM card of one Tan Xue Ling Denise to transfer $5000/- to POSB Savings account number XXX, and you have thereby committed an offence punishable under Section 3(1) of the Computer Misuse Act (Cap 50A, 2007 Rev Ed).

MAC-905108-2017

You,

are charged that on or about 14 October 2015, at No 26 Sentosa Gateway, Resort World Sentosa, Basement 1 Forum 6, Singapore, did knowingly cause a computer, to wit, an Automated Teller Machine (“ATM”), to perform a function for the purpose of securing access without authority to data held in DBS Bank’s computer server, to wit, by using the ATM card of one Tan Xue Ling Denise to transfer $5000/- to POSB Savings account number XXX, and you have thereby committed an offence punishable under Section 3(1) of the Computer Misuse Act (Cap 50A, 2007 Rev Ed).

MAC-905110-2017

You,

are charged that you, on or about 16 October 2015, at No 26 Sentosa Gateway, Resort World Sentosa, Basement 1 Forum 6 (Casino Entrance), Singapore 098138, did commit theft of cash amounting to $2000/-, in the possession of DBS Bank, from the account of one Tan Xue Ling Denise (POSB Savings Account No. XXX), to wit, by dishonestly using a DBS ATM card to withdraw the aforesaid amount from the said account without DBS Bank’s consent, and you have thereby committed an offence punishable under Section 379 of the Penal Code (Cap 224, 2008 Rev Ed).

MAC-905111-2017

You,

are charged that you, on or about 16 November 2015, at No 26 Sentosa Gateway, Resort World Sentosa, Basement 1 Forum 6 (Casino Entrance), Singapore 098138, did commit theft of cash amounting to $2000/-, in the possession of DBS Bank, from the account of one Tan Xue Ling Denise (POSB Savings Account No. XXX), to wit, by dishonestly using a DBS ATM card to withdraw the aforesaid amount from the said account without DBS Bank’s consent, and you have thereby committed an offence punishable under Section 379 of the Penal Code (Cap 224, 2008 Rev Ed).

MAC-905114-2017

You,

are charged that on or about 17 November 2015 , at No 26 Sentosa Gateway, Resort World Sentosa, Casino Mezzanine, Singapore 098138, did knowingly cause a computer, to wit, an Automated Teller Machine (“ATM”), to perform a function for the purpose of securing access without authority to data held in DBS Bank’s computer server, to wit, by using the...