Facing criminal charges demands a legal ally who understands the intricacies of the Singaporean legal system. Our team of seasoned criminal defence lawyers are dedicated to providing personalised legal strategies tailored to your unique situation.

We provide support across a number of areas, including:

  • Theft
  • Drunk Driving
  • Causing Hurt
  • Shoplifting
  • Reckless or Dangerous Driving
  • Forgery
  • Misuse of Drugs
  • Cheating
  • Rash Driving
  • Criminal Breach of Trust
  • Outrage of Modesty
  • Immigration Offences

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Criminal Defense

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We've consistently received positive reviews from our clients on our service and results.

Why do clients choose us?

We have over 30 years of history, and more than 100 employees. We are an established family law firm you can count on.
Our fees are fixed and affordable from the outset so that you can have peace of mind from the get-go.
We have excellent reviews and testimonials from numerous clients across various independent platforms.
Our team are consistently recognized as leading lawyers by the Straits Times, and other leading publications.
We are trusted by leading corporations such as DBS, OCBC, UOB, Maybank, HSBC, Citibank, and CPF Board.
We usually offer a free first consultation so you can make an informed decision on whether to proceed.

Meet some of our criminal defence team

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    string(165) "Mark Cheng specializes in family law, dispute resolution, personal injury claims, international arbitration, corporate and commercial law, and commercial litigation."
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Accolades
  • Recommended Lawyer in the 2025 list of leading family and divorce lawyers in Singapore by Doyles Guide.
  • Recognised as a Family Law Rising Star for 2022, 2023, and 2024 by Doyles Guide.
  • Named one of Singapore’s Rising Stars by Asian Legal Business in 2022, an accolade awarded to lawyers who exhibit exceptional talent and consistently earn client praise.
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Articles on Criminal Defence in Singapore

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    string(8646) "Driving under the influence of drink or drugs is a criminal offence in Singapore under the Road Traffic Act 1961 (RTA). In 2023, there were 180 drink driving accidents in Singapore, with 11 of these having been fatal accidents. The RTA dictates what constitutes drink driving and the sanctions that may be imposed if a person is found guilty of such an offence.

Drink driving is considered a serious offence in Singapore, which is reflected in the strict sentencing imposed for both first-time and repeat offenders. The court will also consider various other factors when deciding on the severity of the offender’s punishment. The knock-on effect of these sanctions can significantly impact the offender’s day-to-day life, even once they have completed their sentence.

The offence of drink driving

Section 67 of the RTA provides that a person shall be guilty of an offence if they drive a motor vehicle on a road or public place, and they are either:
  1. are unfit to drive and incapable of having control of the vehicle due to being under the influence of drink, a drug, or an intoxicating substance; or
  2. have so much alcohol in their system that the proportion of it in their breath or blood exceeds the prescribed limit.
The prescribed limit in Singapore is either 35mg of alcohol per 100ml of breath or 80mg per 100ml of blood If pulled over for drink driving by the Traffic Police, the driver will be obligated to provide a breath test under section 69 of the RTA. If the driver refuses to take the test, they will be guilty of an offence and could face a fine of between S$1,000 to S$5,000 as well as a term of imprisonment of up to 6 months. If it is not their first offence of this nature, the fine can increase to a maximum of S$10,000, with the term of imprisonment increasing to a maximum of 12 months.

Seriousness of the offence

To determine the appropriate sentence for a drink driver, the court first needs to assess the severity of the offence. The court will look at several factors, including:
  • The level of alcohol found in the driver’s breath;
  • The offender’s behaviour, for example, whether they were driving dangerously;
  • The level of harm caused, for example, whether the offence resulted only in minor damage to property or in a serious injury to another person;
  • Whether the driver is a repeat offender; and
  • Whether the driver is pleading guilty, i.e. admitting to the offence.

Punishments for drink driving

Depending upon the seriousness of the offence and whether the driver is a repeat offender, there are various punishments the court has the power to enforce.

Imprisonment and fine

Section 67 states that a person found guilty of the offence will be liable to pay a fine of between S$2,000 and S$10,000 or could face imprisonment for up to 12 months or both. Where it is a repeat offence, the fine shall be between S$5,000 and S$20,000, and the term of imprisonment will be up to 2 years. This is double what was in force before 2019 when the law was amended to clamp down on the number of drink driving offences in Singapore. In the 2013 case of Edwin s/o Suse Nathen v Public Prosecutor, the High Court provided a guide to assist the court with issuing fines and sentencing depending on the levels of alcohol found in the offender’s system. For example:
  • For levels between 35 to 46mg in 100ml of breath, fines should range from S$1,000 to S$2,000, and imprisonment should range from 12 to 18 months, and
  • For levels between 55 to 69mg, the fine should range from S$2,000 to S$3,000 and imprisonment should be between 18 to 24 months.
These ranges will likely need to be updated following the increase in sentencing adopted in 2019 but nevertheless demonstrate that more serious sanctions will be put in place where the driver has consumed higher quantities of alcohol.

Removal of driving licence

The court will also have the power to disqualify the driver from holding or obtaining a driving licence for a minimum of 2 years if they are a first offender, and a minimum of 5 years if they are a repeat offender. This period will start from the date of conviction or, in the case of imprisonment, from the date the offender is released from prison. The law also provides that where the offender has been convicted on two or more occasions of drink driving, they shall be disqualified for life from holding or obtaining a licence. However, the court won’t make such an order in every instance. If specific special reasons apply, the court may not consider it appropriate to remove the offender’s licence, and it has the power to make an alternative order as it sees fit. In a recent case involving Mr Lee Shin Nan in December 2023, Chief Justice Menon clarified what is generally meant by special reasons, stating that it will only apply if the driving was necessary to “avoid other likely and serious harm or danger” and if the driving in question was the only reasonable way to do so.

Suspension of driving licence

Upon being stopped by the Traffic Police for drink driving, a driver’s licence may be suspended by the police until the court has had an opportunity to hear the case. The court may reinstate the driver’s licence later, but in the meantime, this power allows the police to protect other road users from reckless drivers.

Insurance

An accident resulting from drink driving is unlikely to be covered by the driver’s insurance policy. This means the offender will not be able to claim for any damage to vehicles or any injuries. In turn, offenders could find themselves in a difficult financial position where they are expected to front the vehicle repair costs, plus medical and legal fees, etc.

Being in charge of a motor vehicle under the influence of drink or drugs

The RTA goes one step further and makes it an offence for a person to be in charge of a motor vehicle they are not driving, if:
  1. They are unfit to drive due to the influence of drink or drugs; or
  2. The alcohol in their system is over the prescribed limit.
The court must determine whether the driver was “in charge” of the vehicle at the time. If the driver can prove the following, they will be deemed not to have been in charge of the vehicle:
  1. That there was no likelihood they would drive the vehicle whilst they remained unfit to do so or whilst the alcohol levels in their system were above the prescribed limit; and
  2. That between the time they became unfit to drive or the time their alcohol level first exceeded the prescribed limit, and the time of the alleged offence, they did not drive the vehicle on a road or other public place.
The sanctions for this offence are not quite as serious as under Section 67. The offender will be subject to a fine of between S$500 and S$2,000, or imprisonment of a maximum of 3 months. Where the court is dealing with a repeat offender, the fine will be between S$1,000 and S$5,000, with the maximum imprisonment term increasing to 6 months. Additionally, the offender will be disqualified from holding or obtaining a driving licence for 12 months from their release from prison unless the court considers it fit to order otherwise due to special reasons (as referred to above).

Conclusion

With drink driving accidents on the rise in Singapore, the laws under the RTA must be complied with. Due to the consequences an offender can face if charged with drink driving, drivers should avoid driving even where they have only consumed minimal amounts of alcohol. The risks associated with drink driving offences are simply too high, not only for third-party road users but also for the offender. While the court will consider any mitigating factors to lessen the sanctions imposed, a less serious punishment cannot be guaranteed. A ban from driving is also likely to significantly impact various aspects of the driver’s daily life, including their work and family. A person who has been charged with a drink driving offence should seek the assistance of a criminal lawyer as soon as possible, as they will be able to advise on the driver’s options and discuss any mitigating factors that may apply." ["post_title"]=> string(26) "Drink Driving in Singapore" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(23) "drink-driving-singapore" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-04-13 18:29:26" ["post_modified_gmt"]=> string(19) "2024-04-13 10:29:26" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3873" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [1]=> object(WP_Post)#8750 (24) { ["ID"]=> int(3862) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2024-04-11 15:59:59" ["post_date_gmt"]=> string(19) "2024-04-11 07:59:59" ["post_content"]=> string(9227) "The Misuse of Drugs Act 1973 (MDA) is a piece of Singaporean legislation governing the use and possession of illegal drugs. Singapore is known for having some of the strictest drug laws in the world, and the Act sets out the various drug-related offences together with their penalties. For the most serious offences, the MDA provides that an offender may be given the death penalty. It is believed that, by November 2023, at least 16 people in Singapore had been executed that year. Even in less serious cases, for example, where somebody is found carrying a small amount of an illegal substance, the punishment could still result in 10 years imprisonment or a substantial fine. It is, therefore, important for people to understand Singapore’s drug laws and the consequences of being found guilty of an offence. The legislation is far from straightforward but seeks to tackle the harm that arises from drug-related issues both in and outside of the country. This article seeks to break down some of the key parts of the legislation and discusses the 5 main drug-related offences.

Definitions

The legislation adopts many different terms used throughout the MDA. Section 2 provides a list of such terms and their definitions, which is important to refer to when interpreting the law. The MDA distinguishes a “controlled drug”, a “specified drug”, and a “substance”. A controlled drug is defined as any substance or product specified in Parts 1, 2, or 3 of the First Schedule, which provides an extensive list of the drugs deemed to be “controlled drugs”. It includes drugs such as amphetamine, cannabis, and cocaine. A specified drug means any drug specified in the Fourth Schedule, including some of the controlled drugs listed in the First Schedule. The distinction between controlled and specified drugs is important when it comes to sentencing, as the minimum term of imprisonment will be higher for repeat offenders for specified drugs. A substance is defined in the Third Schedule of the MDA and is essentially anything that helps to form a controlled drug.

Classes of drugs

The classification of illegal substances is designed to categorise drugs, usually according to the impact they have on the user’s body and mind. It is a common system adopted by many countries worldwide and provides an understanding of the sanctions imposed when an offence has been committed concerning that drug. In Singapore, there are three categories:
  1. Class A drugs. Examples include cocaine, cannabis, ecstasy, and amphetamine.
  2. Class B drugs. Examples include codeine, nicocodeine, and zipeprol.
  3. Class C drugs. Examples include pipradrol, Xanax, and triazolam.

Offences

There are 5 primary categories of drug-related offences under the MDA.

(1) Trafficking

Trafficking is defined in the MDA as selling, administering, transporting, sending, delivering, or distributing illegal substances in Singapore or offering to do any of those things. Section 5 makes it an offence for a person to:
  1. Traffic in a controlled drug;
  2. Offer to traffic in a controlled drug; or
  3. Do or offer to do any act preparatory to or for the purpose of trafficking in a controlled drug.
If found guilty of this offence, the punishment will depend upon the class of the drug and the amount being trafficked. The sanction ranges from a minimum of 2 years in prison plus 2 strokes of the cane where small amounts of Class C drugs are involved, all the way up to the death penalty for more highly classified or larger quantities of substances.

(2) Manufacture

Section 6 of the MDA provides that it is an offence for any person to manufacture a controlled drug. “Manufacture” is defined in the Act as:
  1. Any process of producing a drug and the refining or transformation of one drug into another; or
  2. Any process of producing a substance and the refining or transformation of one substance into another.
Manufacturing can result in a minimum sentence of 5 years in prison and 5 strokes, up to the maximum sentence of the death penalty, depending upon the type of drug and the quantity.

(3) Possession

Section 8(a) of the MDA states that it is an offence for a person to have in their possession a controlled drug. If found guilty of this offence, a person can be sentenced to up to 10 years in prison or be issued with a S$20,000 fine, or both. If the person being convicted has committed such an offence before, they will be sentenced to at least 2 years in prison. There is a presumption in the MDA that a person is in possession of a controlled drug if:
  1. They have anything that contains the drug;
  2. They possess the keys to anything that contains the drug or where the drug is discovered, whether it is a container itself or an entire premises;
  3. A document of title for the drugs or any document which is intended for their delivery; or
  4. They own the vehicle in which the drugs are discovered.
When a person is charged with possession, it is their responsibility to challenge this presumption and prove to the court that they are innocent.

(4) Consumption

Section 8(b) of the MDA provides that it is an offence to smoke, administer to oneself, or otherwise consume a controlled drug or a specified drug. Section 19 raises a presumption that a person has consumed an illegal drug if they are discovered in, or escaping from, an area that is proven or presumed to be used for such consumption. For example, if a location is found to have bongs, syringes, or pipes on site, it will be presumed to have been used for illegal drug consumption. Section 22 states that a person will be presumed to have consumed a controlled drug if it is found in a sample of their urine. If the accused refuses to provide a sample, they can be sentenced to imprisonment for between 1 to 10 years. Again, the burden is on the accused to convince the court of their innocence. If found guilty of consumption, the maximum sentence is 10 years in prison or a fine of S$20,000, or both. When considering the appropriate sentence to hand down, the court will look at the following factors:
  1. Whether the accused has offended before;
  2. Whether they have any similar convictions; and
  3. Whether they have previously been admitted to a drug rehabilitation centre.
If the accused is a repeat offender for a controlled drug, the term of imprisonment will be 3 years. However, if the accused is a repeat offender for a specified drug, the sentence will be between 5 to 7 years in prison, together with 3 to 6 strokes of the cane. It is important to note that the law covers the consumption of drugs by Singaporean citizens outside of Singapore. They will be charged and sentenced in the same way had they committed the offence in Singapore, even if consumption of the drug is legal in the country they took it.

(5) Import and export

Section 7 of the MDA makes it an offence for a person to import into or export from Singapore a controlled drug. Whilst this may seem similar to trafficking, the offence relates solely to moving drugs in and out of the country. Section 26 provides any officer of the Bureau, police officer, or customs officer with the power to search any person arriving or departing from Singapore. They also have the authority to search any form of transport if they suspect it contains any illicit drugs, as well as any person who is found on that transport. There may be situations when a person needs to travel in and out of Singapore in possession of a controlled drug, primarily if it is their personal medication. Approval may be required from the Health Sciences Authority (HSA) depending on the amount and type of drug. For example, medications containing morphine, fentanyl, or diazepam will need approval regardless of the amount being transported. For codeine or dextromethorphan, approval will only be needed where more than 20 tablets are being transported or where each tablet contains over 30mg of the drug. If found guilty of this offence, the punishment may be severe depending upon the type of drug and the amount that is imported or exported. Sentences range from a minimum of 3 years in prison and 5 strokes of the cane to the death penalty.

Conclusion

Singapore takes drug-related offences very seriously, which is evident from the stringent rules contained in the MDA regarding presumption and punishment. If charged with an offence under the MDA, the accused must prove their innocence to a high standard to avoid the court’s strict sentencing. It is, therefore, crucial that residents and people visiting the country are aware of the risks of consuming, possessing, and transporting drugs. If a person is faced with a charge under the MDA, they should seek the advice and assistance of a criminal lawyer as soon as possible." ["post_title"]=> string(32) "Misuse of Drugs Act in Singapore" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(19) "misuse-of-drugs-act" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-04-13 18:29:38" ["post_modified_gmt"]=> string(19) "2024-04-13 10:29:38" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3862" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [2]=> object(WP_Post)#8769 (24) { ["ID"]=> int(3706) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2024-02-07 09:40:00" ["post_date_gmt"]=> string(19) "2024-02-07 01:40:00" ["post_content"]=> string(9594) "Outrage of modesty is a serious crime in Singapore, and conviction can lead offenders up to three years in prison, a fine, or caning, or any combination of the three options. The penalties can be even higher if the victim is a minor or the accused is a repeat offender. Yet, outrage of modesty remains a crime of concern, and according to the police crime statistics for mid-2023, the number of cases increased compared to the same period the previous year. Most cases occurred in residential premises, public transport areas, and nightspots. This article will discuss the crime of outrage of modesty. We will look at section 354 of the Penal Code, the punishment if convicted, and what the court considers aggravating circumstances when imposing a sentence.

What is outrage of modesty?

In simple terms, outrage of modesty refers to conduct that is considered offensive and violates someone’s dignity in a sexual manner. It is also loosely referred to as “molestation”. Although most reported cases involve male perpetrators, females can also be convicted of an outrage of modesty against a male person. It is a gender-neutral offence regardless of the gender of the perpetrator or victim.

Section 354 of the Penal Code

Section 354 describes outrage of modesty as an assault or use of criminal force to a person with intent to outrage or knowing that it would likely outrage the modesty of that person. The description is not very specific and allows the court to assess each case on its own merits.

What factors will the court consider when deciding if a person’s modesty was outraged?

The Penal Code does not define modesty, and the courts will consider a wide range of factors to assess if the action would outrage the victim’s modesty. The court also considers the circumstances and society’s values at the time. Factors will depend on the circumstances of each case and could include the following:
  • The victim’s religion or cultural beliefs.
  • The victim’s race.
  • The victim’s age.

Elements of the crime of outrage of modesty

Assault or criminal use of force

To be convicted of outrage of modesty, there must be an assault or use of criminal force. Assault is defined as follows: A person is said to commit an assault if “the person makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to understand that he who makes that gesture or preparation is about to use criminal force to that person”. You cannot be guilty of outrage of modesty by merely staring at someone. You can, however, be guilty of attempting to commit outrage of modesty. Section 511 of the Penal Code provides that anyone can be guilty of attempting to commit a criminal offence if the person takes substantial steps to commit the crime but, for some reason, fails to commit the actual offence. Suppose a man follows a woman into the female changing rooms at the gym, hoping to touch her inappropriately. As he approaches her, her friend enters and shouts at him. He could be convicted of attempted outrage of modesty, even though there was no actual assault or use of force yet.

Intention

The Penal Code requires that there must be an intention to outrage modesty or at least knowledge that the action would cause an outrage of modesty. The Penal Code defines acting “intentionally” as acting deliberately, i.e. the person acts with the purpose of causing outrage of modesty or knowing that outrage of modesty would undoubtedly happen if they proceed with their planned action. It should be noted that outrage of modesty will not occur if the victim consents to the behaviour. Suppose a couple sensually touches each other and consents to the behaviour. In that case, it will not constitute an outrage of modesty. Likewise, if a doctor examines a patient or a fitness instructor corrects an athlete with their consent, it cannot be an outrage of modesty. So, to be convicted of outrage of modesty, four elements must be established.
  1. The outrage of modesty.
  2. Assault or use of criminal force.
  3. Lack of consent.

Examples of outrage of modesty

Since the Penal Code definition is unclear and non-specific, it might be easier to explain outrage of modesty through examples.
  • A man repeatedly touches a woman’s thigh whilst she is sleeping next to him on the train.
  • A driving instructor puts his hand on a female student’s leg during a lesson.
  • A man touches a young boy’s buttocks in the queue at a fast-food chain.
  • A tutor rubs her thigh against her student several times.
  • An executive molests a co-worker in the lift.
  • An employer exposes himself to the domestic worker regularly.

Penalties for outrage of modesty

Section 354 prescribes punishment to a maximum term of 3 years imprisonment, or a fine, or caning, or any combination of the three options. There is no minimum, and the penalty will depend on the circumstances of the case. Firstly, the court will apply the general sentencing principles and consider factors such as:

The offence itself

  • How was the offence committed?
  • The severity of the offence - where on the body was the person touched, how was the person touched, how long did it last?
  • Was it planned?
  • The extent of the force used.
  • The degree of sexual exploitation of the victim.
  • The harm to the victim - physically and psychologically.

Are there any aggravating factors?

  • The offender has previous convictions.
  • Not showing remorse.
  • Multiple charges against the offender.
  • Refusing to cooperate with the police.

Are there any mitigating factors?

  • The offender is showing remorse.
  • Admission of guilt and pleading guilty.
  • The offender suffers from mental or intellectual disability.
  • The offender is very young.
After considering the above, the court will consider the framework formulated in Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor [2018] 4 SLR 580. This framework consists of 3 sentencing bands.
  • Band 1 applies to less severe cases, with no more than one aggravating factor.
  • Band 2 applies when there are two or more aggravating factors.
  • Band 3 applies when there are three or more aggravating factors, and the circumstances call for a more severe sentence.

More severe penalties under the Penal Code

Some instances of outrage of modesty carry a more severe penalty under the Penal Code.

Outrage of modesty against a person younger than 14 years old

Section 354(2) provides that if the offence is committed against a person below 14 years old, the penalty is imprisonment for a term which may extend to 5 years, or with a fine, or with caning, or with any combination of such punishments.

Outrage of modesty against a domestic helper

Section 73 of the Penal Code provides that when an employer of a domestic worker, a member of the employer’s household, or an employment agent is convicted of an offence under the Penal Code against that domestic worker, the court may sentence the convicted person to twice the maximum punishment for that offence. This means that for outrage of modesty against a domestic worker, the court can impose a maximum of six years imprisonment, a fine, caning, or any combination of the three.

Causing death, hurt or wrongful restraint or fear of instant death, hurt or wrongful constraint

Section 354A provides that if the victim died, or if a person attempts to cause death, or hurt or wrongfully constraints a person to commit outrage of modesty, the penalty is a minimum term of imprisonment of 2 years and up to 10 years, and caning. The same applies if the person causes the fear of instant death, instant hurt, or instant wrongful restraint.
  • If the victim in sec 354A case is younger than 14 years, the punishment is imprisonment for not less than three years and not more than ten years, and with caning.
  • The same punishment applies if the outrage is committed in a lift in any building.

Outrage of modesty is an arrestable offence

The police can arrest a person suspected of outrage of modesty without a warrant. Depending on the circumstances, it is up to the police or the court to decide if the accused is released on bail. If it is a less severe case of outrage of modesty, the accused can choose between bail and being released on a personal bond.

Seek legal advice

Whatever the circumstances, you should seek legal advice as soon as possible. Being convicted of outrage of modesty is serious. Penalties can be severe, and your criminal record cannot be treated as “spent”. However, there are circumstances where the Commissioner of Police has the discretion not to register a criminal record. An experienced lawyer can help you navigate the best possible outcome for your circumstances." ["post_title"]=> string(32) "Outrage of Modesty - Molestation" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(18) "outrage-of-modesty" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-04-13 18:30:16" ["post_modified_gmt"]=> string(19) "2024-04-13 10:30:16" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3706" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [3]=> object(WP_Post)#8751 (24) { ["ID"]=> int(3695) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2024-02-02 14:23:19" ["post_date_gmt"]=> string(19) "2024-02-02 06:23:19" ["post_content"]=> string(11167) "In October 2023, the Singapore High Court dealt with an appeal against sentence in a matter where a priest of the Sri Mariamman Temple pleaded guilty and was convicted on two charges of criminal breach of trust (CBT) relating to the pawning of gold jewellery belonging to the temple. Between 2016 and 2020, the appellant pawned 66 items of the temple's gold jewellery at various pawnshops on 172 occasions. The temple suffered no loss since all the pieces were returned, but the priest obtained pawn proceeds totalling S$2,328,760. The appellant was sentenced to a total of five years and 12 months imprisonment (consecutively – this means one sentence runs after the other) by the District Judge (there were other charges and factors considered for sentencing). The High Court dismissed the appeal against the sentence. This case was one of many CBT cases the legal system had to deal with last year. In another case, a director at four firms was accused of misappropriating more than S$2.3 million and charged with criminal breach of trust. He was allegedly handed large sums of money to construct a house. However, construction was not completed, and the funds were never returned. In May last year, the police arrested a 26-year-old man for allegedly misappropriating money and stealing luxury watches valued at about S$1.6 million. The man was a luxury watch salesman who received large sums of money from victims to purchase watches but then misappropriated the money. If convicted, the offence of criminal breach of trust by an employee carries a penalty of up to 15 years in prison and a fine. Even though we have many arrests for criminal breach of trust, it remains a complex and vague concept for ordinary citizens. What exactly is a criminal breach of trust? This article will discuss how the Penal Code defines criminal breach of trust. We look at what the prosecution must prove to obtain a conviction and the penalties if convicted. We will also touch on factors the court will consider when sentencing after a CBT conviction.

What is criminal breach of trust?

In simple terms, CBT happens when an individual entrusted with property or funds uses that property or funds for personal advantage. So, we are talking about "entrustment" and "misappropriation" - by misappropriating the entrusted goods, the person breaches the trust. The Penal Code makes such a breach of trust a criminal offence. Section 405 of the Penal Code explains when CBT is committed as follows: A person who has been entrusted with property or who has dominion (control) over property and;
  • who then dishonestly misappropriates the property; or
  • converts the property for their own use; or
  • dishonestly uses or disposes of such property in violation of any express or implied contract or law prescribing the mode in which such trust should be discharged; or
  • intentionally allows any other person to do so.
The Penal Code gives us a few examples to illustrate and simplify criminal breach of trust. Example 1: The executor of a deceased person's will dishonestly disobeys the law and his fiduciary duty, which says he must distribute the assets according to the will. Instead, he appropriates the assets for his own use. Example 2: Z entrusts his furniture to A, a warehouse owner or operator, for safekeeping whilst Z goes on a long journey. The contract states that Z will pay A the stipulated sum for safe storage fees on his return. A dishonestly sells the furniture whilst Z is away. A committed criminal breach of trust. As with the priest in the temple, both examples illustrate:
  • entrustment of goods; and
  • dishonest misappropriation or conversion of goods for own use; or
  • disposal of goods in violation of a contract or the law.

What must the prosecution prove for a conviction on criminal breach of trust?

Entrustment

The first element that needs to be established is a relationship of trust or entrustment. This trust could arise from a legal contract or a fiduciary relationship, meaning the person did not receive the property or funds for their use. They were given control over the goods for a specific reason expressed or implied in a contract or the law. In our temple case mentioned above, the temple's management entrusted the priest with the keys and combination codes to the safe that contained the jewellery pieces. The jewellery was meant to adorn the Hindu deities during special events or prayers - not for the priest's own use.

Intention to act dishonestly

The Penal Code requires dishonesty as an element of criminal breach of trust, meaning the prosecution must establish that the person acted with the intent to be dishonest. Acting with intent means a person acts deliberately. So, the person is deliberately dishonest. Section 24 of the Penal Code defines "dishonesty" as follows: A person (A) is said to do an act dishonestly if -
  1. A does that act with the intention of causing wrongful gain to Aor another person, or wrongful loss to another person, regardless of whether such gain or loss is temporary or permanent; or
  2. That act done by is dishonest by the ordinary standard of reasonable and honest persons, andknows that that act is dishonest by such standards.
This definition implies that a person will not be guilty of CBT if the person acted negligently or made an honest mistake. Including "the ordinary standard of reasonable and honest persons and A knows that that act is dishonest by such standards" in the definition means that dishonesty can also be inferred from the circumstances - it need not be directly proven.

Misappropriation or conversion

Most CBT cases involve misappropriation, but one act can be either. What needs to be proved is the accused misused someone else's property, or the power given over the property in a way that violated the terms of the trust. Misappropriation often involves money entrusted for a specific purpose, which is then used for someone’s own benefit. For example, is a government clerk and receives public funds to pay into a particular treasury that holds all the public money. A takes the money for personal use instead. Conversion involves using the entrusted property as if it were your own. For example, B is a rental agent. A client entrusted B with his apartment to rent out. Instead, B runs a business from the property and pockets the money for himself.

Intentionally allow someone else to use or dispose of entrusted property

Even if you didn't misuse the property or funds yourself, you can be guilty of CBT if you intentionally allow a friend to misappropriate or use the entrusted goods in violation of the trust.

Penalties for criminal breach of trust

Section 406 of the Penal Code stipulates that a person convicted of CBT shall be sentenced to imprisonment up to seven years, or a fine, or both. The Penal Code stipulates higher penalties for specific categories of CBT, called aggravated CBT. These include the following:
  • Sec 407 - Criminal breach of trust of property entrusted for transportation or storage purposes
If you are entrusted with property for transportation for hire or storage for rent or charge and you commit a criminal breach of trust regarding such property, the penalty can be imprisonment of up to 15 years and a fine.
  • Sec 408 - Criminal breach of trust by employees
If you are entrusted in your capacity as an employee with property or with control over property, and you commit CBT concerning that property, the punishment can be imprisonment of up to 15 years and a fine. Note that the Penal Code stipulates a person may be an employee or engaged in such capacity even though the person does not receive a salary or other remuneration.
  • Sec 409 - Criminal breach of trust by public servants, bankers, merchants, agents, directors, officers, partners, key executives, or fiduciary
This section includes all persons entrusted with property in their professional capacity as a fiduciary. Anyone entrusted with property in their particular capacity or position who commits a criminal breach of trust can be punished with imprisonment of up to 20 years and a fine. The more severe penalties in sections 407 to 409 are meant to deter people in positions of trust from misappropriating entrusted goods or funds.

Factors when imposing a sentence for CBT

The court will take several factors into account, including the following: (1) The amount misappropriated as an indicator of the harm suffered. (2) The offender's gain, if any. (3) Are there any aggravating factors? E.g.
  • What was the degree of trust bestowed on the accused, and what was the offender's position? In the temple case, for example, the priest was held in a high degree of trust as the chief priest.
  • How did the breach of trust impact the victim or the general public? For example, the priest's conduct led to a loss of trust and confidence in the temple's management.
  • The duration of the offence, e.g., the priest committed various acts of CBT between 2016 and 2020.
(4) Are there any mitigating factors? E.g.
  • Did the offender offer any restitution to the victim? For example, in the temple case, the offender made full restitution.
  • Remorse and other personal circumstances.
  • The accused's motivation.
  • Cooperation with the police.

What to do if you are suspected of criminal breach of trust

In Singapore, the police can arrest you without a warrant if they reasonably suspect you committed a criminal breach of trust. If you face a CBT charge, you should contact a criminal lawyer as soon as possible. Once arrested, the police or the court will decide if you will be released on bail. A criminal lawyer can assist in getting you out on bail and prepare your case. CBT is a serious offence. If you are convicted, you will have a criminal record. However, depending on your sentence and whether you have other criminal convictions or previously spent records, you may be able to have your record wiped clean. An experienced criminal lawyer will assist with your case and help you prepare a good strategy to achieve the best outcome for your circumstances." ["post_title"]=> string(35) "A Guide to Criminal Breach of Trust" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(24) "criminal-breach-of-trust" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-04-13 18:30:30" ["post_modified_gmt"]=> string(19) "2024-04-13 10:30:30" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3695" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } }

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