Tan Choon Lai v Public Prosecutor

• Court: District Court (Singapore)
• Judge: Adrian Soon Kim Kwee
• Judgment Date: 09 February 2001
• Neutral Citation: [2001] SGDC 43
• Citation: [2001] SGDC 43
• Published date: 19 April 2005

Tan Choon Lai ...appellant

v

Public Prosecutor ...respondent

Citation:	DAC No 34632-34635 of 2000
Jurisdiction:	Singapore
Date:	2001:02:09
	2001:01:30, 2001:01:11, 2001:01:05, 2000:12:20
Court:	Subordinate Courts
Coram:	Adrian Soon, District Judge
Counsel:	APP Ms Vala
	Mr Edmond Pereira (Defence Counsel)

JUDGMENT:

Grounds of Decision

CHARGE

1. The accused faced 4 charges under Section 406 of the Penal Code (Cap 224). The Prosecution proceeded with all the charges. The accused pleaded guilty to the charges. The charges are as follows:

DAC 34632/2000 (Amended 1^st charge)(Exhibit P1A)

You, Tan Choon Lai, Male/40 yrs
NRIC NO.: S 1450678J
Nationality: Singapore Citizen

are charged that you, between 31 March 1995 and 8 March 1996, at 391 Orchard Road #01-12, Singapore, being entrusted with dominion over property, to wit, cash of $131,328/- belonging to M/s Sincere Watch Limited, dishonestly misappropriated the said property by converting it to your own use and you have thereby committed an offence punishable under Section 406 of the Penal Code, Chapter 224.

DAC 34633/2000 (Amended 2nd charge)(Exhibit P2A)

You, Tan Choon Lai, Male/40 yrs
NRIC NO.: S 1450678J
Nationality: Singapore Citizen

are charged that you, between 27 April 1996 and 21 April 1997, at 391 Orchard Road #01-12, Singapore, being entrusted with dominion over property, to wit, cash of $102,892/- belonging to M/s Sincere Watch Limited, dishonestly misappropriated the said property by converting it to your own use and you have thereby committed an offence punishable under Section 406 of the Penal Code, Chapter 224.

DAC 34634/2000 (Amended 3rd charge)(Exhibit P3A)

You, Tan Choon Lai, Male/40 yrs
NRIC NO.: S 1450678J
Nationality: Singapore Citizen

are charged that you, between 12 May 1997 and 16 April 1998, at 391 Orchard Road #01-12, Singapore, being entrusted with dominion over property, to wit, cash of $112,202/- belonging to M/s Sincere Watch Limited, dishonestly misappropriated the said property by converting it to your own use and you have thereby committed an offence punishable under Section 406 of the Penal Code, Chapter 224.

DAC 34635/2000 (Amended 4th charge)(Exhibit P4A)

You, Tan Choon Lai, Male/40 yrs
NRIC NO.: S 1450678J
Nationality: Singapore Citizen

are charged that you, between 4 August 1998 and 29 September 1998, at 391 Orchard Road #01-12, Singapore, being entrusted with dominion over property, to wit, cash of $582,358.50, belonging to M/s Sincere Watch Limited, dishonestly misappropriated the said property by converting it to your own use and you have thereby committed an offence punishable under Section 406 of the Penal Code, Chapter 224.

FACTS

2. The facts pertaining to the 4 charges are found in the Statement of Facts (Exhibit ‘A’). The facts revealed that the accused was the Sales Director of Sincere Watch Limited ("the Company"). He joined the Company in 1985. He was given charge of all the retail outlets operated by the Company. The accused also took charge of sales and purchase of fine watches.

3. On 29 Sep 98, the accused left for Mexico City bringing with him a Patek Phillippe watch which belonged to the Company. On his return, he informed the Company that he had sold the watch worth $429,667.50 and that the customer would make the payment a week later. On 16 Oct 1998, when the Company contacted the said customer regarding the payment for the said watch, they were informed that payment had already been made. The company...