Public Prosecutor v Peh Hai Yam

JurisdictionSingapore
JudgeMathew Joseph
Judgment Date30 June 2016
Neutral Citation[2016] SGMC 30
Published date27 April 2017
Hearing Date13 May 2013,08 October 2012,22 October 2012,30 July 2014,31 July 2014,08 May 2014,18 June 2015,10 October 2012,01 October 2012,28 May 2014,14 May 2014,12 May 2014,12 March 2013,10 March 2015,16 May 2013,04 May 2014,04 March 2015,15 May 2014,10 March 2013,05 October 2012,27 May 2014,07 May 2015,18 September 2015,13 October 2012,28 March 2015,11 March 2015,25 June 2015,14 March 2013,13 May 2014,02 October 2012,04 October 2012,09 October 2012,13 March 2013,14 May 2013,16 October 2012,07 March 2013,09 March 2013,06 May 2014,03 October 2012,05 May 2014,29 July 2014,29 May 2014,11 October 2012,15 May 2013,04 June 2015,02 October 2015,26 May 2014,23 October 2012,07 May 2014,05 June 2015,23 June 2015,11 March 2013,08 May 2015,21 October 2012,05 March 2015,03 June 2015,19 June 2015,08 March 2013
Docket NumberMAC 00636 of 2012 & Ors
Plaintiff CounselDeputy Prosecutor Lim How Khang
CourtDistrict Court (Singapore)
District Judge Mathew Joseph: Introduction

The accused Peh Hai Yam, together with three other accused persons had been jointly tried on charges of engaging together in a conspiracy together with one Teo Chua Kuang (“also known as Meng Tee”) (PW3) and others unknown to act as a bookmaker, and in pursuance of that conspiracy and in order to act as a bookmaker, one of the co-accused Yong Tian Choy did receive bets based on the outcome of the game of Baccarat from casino patrons who were playing Baccarat (“Baccarat players”) at Resorts World Sentosa Casino (“RWS Casino”).

All four accused persons had been found guilty after a trial and were convicted and sentenced. Three of the co-accused – Peh’s wife, Madam Tan Saw Eng, (“Tan”) Yong Tian Choy (“Yong”) and Soh Kwang Beng (“Soh”) did not appeal against their conviction and sentence. Tan was convicted of the 8 charges and received a total sentence of 8 months imprisonment and a total fine of $160,000 ( in default 8 months imprisonment). Soh was convicted of the mirror 8 charges and received a total sentence of 6 months imprisonment and a total fine of $40,000 ( in default 2 months imprisonment).

Both Peh and Yong were also jointly tried on an additional charge each for engaging together with Meng Tee (without Tan and Soh) in a conspiracy to act as a bookmaker, and in pursuance of that conspiracy and in order to act as a bookmaker, Yong did receive bets based on the outcome of the game of Baccarat between October 2010 and June 2011. Yong, who faced an additional charge together with Peh, was convicted of the 9 charges and received a total sentence of 6 months imprisonment and a total fine of $80,000 ( in default 4 months imprisonment). Peh was convicted of the 9 charges and received a total sentence of 10 months imprisonment and a total fine of $200,000 ( in default 8 months imprisonment)

A discharge amounting to an acquittal in respect of 10 charges and a withdrawal under s147(1) of the CPC to another 27 charges was ordered by the court in respect of Peh.

Charges

On 13 August 2012, the accused Peh claimed trial to the following nine charges - MAC- 000636-2012

“You, are charged that you, between sometime around early 2010 and 2 November 2011, did engage with one Tan Saw Eng, one Teo Chua Kuang, one Yong Tian Choy, one Soh Kwang Beng and others unknown in a conspiracy to do a certain thing, namely to act as a bookmaker, and in pursuance of that conspiracy and in order to the doing of that thing, between 5.18pm and 7.14pm on 2 November 2011, at Resorts World Sentosa Casino located at No 8 Sentosa Gateway, Singapore, the said Yong Tian Choy received bets which are based on the outcome of the game of Baccarat for money from one James Low Kain Por on a cash and/or credit basis, and you have thereby abetted the offence of acting as a bookmaker by the said Yong Tian Choy, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under Section 5(3)(a) of the Betting Act (Cap 21) read with Section 109 of the Penal Code (Cap 224).”

MAC- 000637-2012

“You, are charged that you, between sometime around early 2010 and 1 November 2011, did engage with one Tan Saw Eng, one Teo Chua Kuang, one Yong Tian Choy, one Soh Kwang Beng and others unknown in a conspiracy to do a certain thing, namely to act as a bookmaker, and in pursuance of that conspiracy and in order to the doing of that thing, between 6.45pm and 8.52pm on 1 November 2011, at Resorts World Sentosa Casino located at No 8 Sentosa Gateway, Singapore, the said Yong Tian Choy received bets which are based on the outcome of the game of Baccarat for money from one Lai Yeow Wun on a cash and/or credit basis, and you have thereby abetted the offence of acting as a bookmaker by the said Yong Tian Choy, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under Section 5(3)(a) of the Betting Act (Cap 21) read with Section 109 of the Penal Code (Cap 224).”

MAC- 000638-2012

“You, are charged that you, between sometime around early 2010 and 1 November 2011, did engage with one Tan Saw Eng, one Teo Chua Kuang, one Yong Tian Choy, one Soh Kwang Beng and others unknown in a conspiracy to do a certain thing, namely to act as a bookmaker, and in pursuance of that conspiracy and in order to the doing of that thing, between 5.38pm on 31 October 2011 and 12.15am on 1 November 2011, at Resorts World Sentosa Casino located at No 8 Sentosa Gateway, Singapore, the said Yong Tian Choy received bets which are based on the outcome of the game of Baccarat for money from one James Low Kain Por on a cash and/or credit basis, and you have thereby abetted the offence of acting as a bookmaker by the said Yong Tian Choy, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under Section 5(3)(a) of the Betting Act (Cap 21) read with Section 109 of the Penal Code (Cap 224).”

MAC- 000639-2012

“You, are charged that you, between sometime around early 2010 and 25 October 2011, did engage with one Tan Saw Eng, one Teo Chua Kuang, one Yong Tian Choy, one Soh Kwang Beng and others unknown in a conspiracy to do a certain thing, namely to act as a bookmaker, and in pursuance of that conspiracy and in order to the doing of that thing, between 3.37pm and 5.51pm on 25 October 2011, at Resorts World Sentosa Casino located at No 8 Sentosa Gateway, Singapore, the said Yong Tian Choy received bets which are based on the outcome of the game of Baccarat for money from one Lai Yeow Wun on a cash and/or credit basis, and you have thereby abetted the offence of acting as a bookmaker by the said Yong Tian Choy, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under Section 5(3)(a) of the Betting Act (Cap 21) read with Section 109 of the Penal Code (Cap 224).”

MAC- 000640-2012

“You, are charged that you, between sometime around early 2010 and 24 October 2011, did engage with one Tan Saw Eng, one Teo Chua Kuang, one Yong Tian Choy, one Soh Kwang Beng and others unknown in a conspiracy to do a certain thing, namely to act as a bookmaker, and in pursuance of that conspiracy and in order to the doing of that thing, between 4.06pm and 8.41pm on 24 October 2011, at Resorts World Sentosa Casino located at No 8 Sentosa Gateway, Singapore, the said Yong Tian Choy received bets which are based on the outcome of the game of Baccarat for money from one Lai Yeow Wun on a cash and/or credit basis, and you have thereby abetted the offence of acting as a bookmaker by the said Yong Tian Choy, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under Section 5(3)(a) of the Betting Act (Cap 21) read with Section 109 of the Penal Code (Cap 224).”

MAC- 000642-2012

“You, are charged that you, between sometime around early 2010 and 21 October 2011, did engage with one Tan Saw Eng, one Teo Chua Kuang, one Yong Tian Choy, one Soh Kwang Beng and others unknown in a conspiracy to do a certain thing, namely to act as a bookmaker, and in pursuance of that conspiracy and in order to the doing of that thing, between 12.58pm and 10.50pm on 21 October 2011, at Resorts World Sentosa Casino located at No 8 Sentosa Gateway, Singapore, the said Yong Tian Choy received bets which are based on the outcome of the game of Baccarat for money from one Toh Soo Chern on a cash and/or credit basis, and you have thereby abetted the offence of acting as a bookmaker by the said Yong Tian Choy, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under Section 5(3)(a) of the Betting Act (Cap 21) read with Section 109 of the Penal Code (Cap 224).”

MAC- 000643-2012

“You, are charged that you, between sometime around early 2010 and 20 October 2011, did engage with one Tan Saw Eng, one Teo Chua Kuang, one Yong Tian Choy, one Soh Kwang Beng and others unknown in a conspiracy to do a certain thing, namely to act as a bookmaker, and in pursuance of that conspiracy and in order to the doing of that thing, between 1.19pm and 7.47pm on 20 October 2011, at Resorts World Sentosa Casino located at No 8 Sentosa Gateway, Singapore, the said Yong Tian Choy received bets which are based on the outcome of the game of Baccarat for money from one Toh Soo Chern and one Lai Yeow Wun on a cash and/or credit basis, and you have thereby abetted the offence of acting as a bookmaker by the said Yong Tian Choy, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under Section 5(3)(a) of the Betting Act (Cap 21) read with Section 109 of the Penal Code (Cap 224).”

MAC- 000645-2012

“You, are charged that you, between sometime around early 2010 and 18 October 2011, did engage with one Tan Saw Eng, one Teo Chua Kuang, one Yong Tian Choy, one Soh Kwang Beng and others unknown in a conspiracy to do a certain thing, namely to act as a bookmaker, and in pursuance of that conspiracy and in order to the doing of that thing, between 5.12pm and 8.01pm on 18 October 2011, at Resorts World Sentosa Casino located at No 8 Sentosa Gateway, Singapore, the said Yong Tian Choy received bets which are based on the outcome of the game of Baccarat for money from one Toh Soo Chern on a cash and/or credit basis, and you have thereby abetted the offence of acting as a bookmaker by the said Yong Tian Choy, which offence was committed in consequence of your abetment, and you have thereby committed an offence punishable under Section 5(3)(a) of the Betting Act (Cap 21) read with Section 109 of the Penal Code (Cap 224).”

MAC- 000670-2012

“You, are charged that you, between sometime around early 2010 and June 2011,...

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