Tan Koon Swan v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Chua F A J
• Judgment Date: 16 October 1986
• Neutral Citation: [1986] SGCA 12
• Citation: [1986] SGCA 12
• Date: 16 October 1986
• Published date: 19 September 2003
• Plaintiff Counsel: M Karthigesu (Cooma, Lau & Loh & M Karthigesu)
• Docket Number: Criminal Appeal No 16
• Defendant Counsel: Glenn Knight (Deputy Public Prosecutor)
• Court: Court of Appeal (Singapore)
• Year: 1986

This is an appeal against the sentence imposed by Lai Kew Chai J on a plea of guilty by the appellant to a charge of abetting a director of a public listed company, Pan Electric Industries (Pan-El), who was also a director of other companies which are subsidiaries of Pan El in the commission of the offence of criminal breach of trust. The charge related to breach of trust in respect of $144,852.88 which was the interest due to a stockbroking company in connection with the acquisition of three million Grand United Holdings Ltd (GUH) shares for $4,778,895 by a Pan El subsidiary Orchard Hotel (S).

The sentence imposed on the appellant was one of two years` imprisonment and a fine of $500,000; the maximum sentence permissible under the law was one of three years` imprisonment and, so far as the fine is concerned, unlimited.

First, it is appropriate to state the principles upon which this court, as an appellate court, should act when considering an appeal as to the sentence imposed by a trial court. It is axiomatic that each case depends on its own facts. It is also an elementary principle that an appellate court can and will interfere if the sentence imposed was not justified by law. Mr Knight has referred us to a passage in...