Tan Choon Lai v Public Prosecutor

JurisdictionSingapore
JudgeAdrian Soon Kim Kwee
Judgment Date09 February 2001
Neutral Citation[2001] SGDC 43
Year2001
Published date19 April 2005
Citation[2001] SGDC 43
CourtDistrict Court (Singapore)

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 1st 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 then attempted to locate the accused but was unsuccessful.

4. The Company proceeded to review the outstanding sales transactions that were handled by the accused. In respect of the first charge, investigation showed that between 31 March 1995 and 8 March 1996, the accused had sold an assortment of watches, jewellery and pens belonging to the Company for $131,328. The accused collected payments from the sales and used the money to settle his personal debts.

5. As for the 2nd charge, the accused had sold a variety of watches, pens and a bag belonging to the Company between 12 May 1997 and 16 April 1998. From these sales, he had collected $102,892 being the proceeds of the sales. The accused used the said sum to pay his personal debts.

6. In relation to the 3rd charge, the accused had misappropriated a total sum of $112,202 between 12 May 1997 and 16 April 1998 to settle his debt. The said sum represented the proceeds of the sale of watches to various customers of the Company transacted by the accused.

7. The 4th charge involved a sum of $582,358.50 that the accused had misappropriated to pay off his debts. This sum represented the proceeds from the sale of watches that he transacted between 4 August 1998 and 29th September 1998 on behalf of the Company.

SENTENCING FACTORS

8. In assessing the sentence to be imposed, the Court had regard to the facts of the case, the written mitigation plea made by the Defence as well as the Prosecution's oral submission for a deterrent sentence. Having done so, the Court took various sentencing factors into account, both of a mitigating as well as an aggravating nature.

Mitigating Circumstances

9. On the mitigating side, the Court took into account the fact that the accused had pleaded guilty to the charge. However, it was clear from the case authorities that the weight to be attached to this factor must depend on the surrounding circumstances of the case. Another mitigating factor in this case was that the accused has no previous conviction. Furthermore, the Court attached weight to the fact that full...

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