They were sentenced on 11 January 2021 as follows: a) Teo Suya Bik Judy, 68-year-old Singaporean female, was sentenced to 41 months' imprisonment and a penalty of S$2,320,864.10. Singaporeans overseas are expected to comply with both the Prevention of Corruption Act, which has an extra-territorial effect, as well as the laws of the countries … Ai Takagi: DFAT breaks silence on Singapore… These actions constituted offences under the Prevention of Corruption Act. b) Teo Chu Ha Henry, 72-year-old Singaporean male, was sentenced to 50 months' imprisonment. 3         The subsequent court proceedings for this case concluded with Henry and Judy being found guilty, after a trial, of offences under the Prevention of Corruption Act and Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act. © 2016 Copyright Global Compliance News UG (haftungsbeschränkt). SINGAPORE, Oct 7 — A woman was sentenced to seven months in jail by a district court today for physically and emotionally abusing her stepson, including hitting him on the back of his head with a ceramic mug and calling him a “prostitute’s child”. In the case of PP v Ng Sae Kiat [2015] SGHC 191, the High Court had the opportunity to consider the scope and operation of the parity principle. ... and custodial sentences of … In a recent decision, the Singapore High Court clarified that in determining an appropriate sentence for corruption, the Court will take into account the specific nature of the corruption. Singapore has criminalized the sending of unsolicited intimate images, or "cyber flashing," as part of a major crackdown on sexual harassment online. Senior District Court Judge F.G. Remedios found 17-year-old Shiu Chi Ho of Hong Kong guilty of four charges of spray-painting cars in the company of American Michael Fay and others … This is typically done at the receiving party’s behest. Andy Leck is the managing principal of Baker McKenzie.Wong & Leow. PRESS RELEASE BY CPIB. The CJ emphasised that this type of corruption is antithetical to everything Singapore stands for as it undermines the confidence that a person needs in order to do business in Singapore. 7         As part of a protracted investigation into the offences committed overseas, the CPIB had worked closely with the Chinese authorities such as the Shanghai City Zhabei District People’s Procuratorate (上海市闸北区人民检察院) and received invaluable assistance from them in the form of critical evidentiary records such as bank statements, and assistance in interviews and statement-taking under the mutual legal assistance framework spanning over a few years. Feili and SLT eventually secured contracts with Seagate in two open tenders in 2006 and 2009, and they paid these gratifications, termed as “commissions”, to Judy accordingly. The second category of cases will frequently attract custodial sentences. In a recent decision, the Singapore High Court clarified that in determining an appropriate sentence for corruption, the Court will take into account the specific nature of the corruption.There are no sentencing presumptions in respect of private sector and public sector corruption, both of which can attract a custodial sentence. Examples include: a single … Although this might be typical, the Chief Justice (the “CJ“) in his decision highlighted that the perception that public sector corruption typically attracts custodial sentences while private sector corruption typically attracts the imposition of a fine is wrong and is not reflective of the law in Singapore. Celeste Ang’s practice encompasses corporate litigation and arbitration, both domestic and cross-border. The number of drink-driving cases and imprisonment sentences meted out in Singapore have risen tremendously. Summary of facts of the case Soh was a director and majority shareholder of Jade, whose shares were traded on the Singapore Exchange Securities Trading Limited (the SGX). Under the parity principle, offenders participating in the same offence should generally incur similar criminal sentences. Henry’s act of depositing the monies he withdrew from Judy’s Bank of China account, into his personal accounts, facilitated the control of Judy’s benefits of criminal conduct. 5         Evidence presented at the trial revealed that Seagate had called for open tenders to source for companies to provide long haul trucking services in the PRC in 2006 and 2009. After the inspection, he spoke to the ship master and the chief engineer to highlight several high-risk observations which were likely to result in the vessel not being allowed to enter the terminal until rectification. Any time spent as a remand prisoner is counted as part of the offender serving their sentence. The Courts must and will take cognisance of the facts and ensure that an appropriate sentence is ordered. He currently serves on the International Trademark Association's Board of Directors and is a member of the Singapore Copyright Tribunal. He asked Syed how he could resolve the situation and after some negotiation, the ship master agreed to pay Syed $3,000. This is because it did not involve any regulatory or oversight considerations that warranted the extension of the public service rationale. In the High Court: The Prosecution argued that the sentence was manifestly inadequate and should be increased to 6-8 months. The appellant contended that the pre-existing sentencing norm should apply to his case (as his offences were committed before 2015). There are no sentencing presumptions in respect of private sector and public sector corruption, both of which can attract a custodial sentence. In 2016, this increased to 1,340 cases in which 187 were given imprisonment sentences. If found guilty, he faces a maximum custodial sentence of five years. No sentencing presumption based on private versus public sector corruption Public sector corruption typically attracts a custodial sentence. In a recent decision, the Singapore High Court clarified that in determining an appropriate sentence for corruption, the Court will take into account the specific nature of the corruption. A suspended sentence means the judge imposes a prison sentence but suspends it on certain conditions. A magistrate has turned down prosecutors’ request to increase the penalty for a young protester who was spared a custodial sentence after being convicted of vandalising a police water cannon and carrying flammable liquids to an anti-government protest in Hong Kong last year. He also felt that it ought not to be reflected in the inspection report. Weiyi Tan is a principal in the Firm’s Dispute Resolution and Intellectual Property practice groups in Singapore. 2. In the case of PP v Ng Sae Kiat [2015] SGHC 191, the High Court had the opportunity to consider the scope and operation of the parity principle. Custodial Sentence and Penalties for Committing Corruption Overseas . Custodial sentences were meted out to the majority of these individuals for their corruption offences. Individuals found guilty of contravening the act can face fines of up to Singapore 50,000 SGD ($36,000) and custodial sentences of up to five years. Interestingly, the District Judge ordered that … Custodial Sentence and Penalties for Committing Corruption Overseas Singaporeans overseas are expected to comply with both the Prevention of Corruption Act, which has an extra-territorial effect, as well as the laws of the countries where they are operating. He was given a further 2-year custodial sentence and 3 strokes of the cane for the April 2017 charge. A determinate custodial sentence is a sentence of imprisonment for a period of time set by the court. Celeste Ang is a principal in Baker McKenzie's Singapore office. Singaporeans overseas are expected to … Any large reductions in the prison population would therefore mean far fewer prolific criminals going to prison. Under the parity principle, offenders participating in the same offence should generally incur similar criminal sentences. Young, pregnant Australian publisher who had issued an apology should not have been given a custodial sentence, DFAT says. The facts of the first charge fall squarely within the third category. Times, Sunday Times (2014) with the law, for publication in LawNet and/or the Singapore Law Reports. 4         Any person who is convicted of a corruption offence can be fined up to $100,000 or sentenced to imprisonment of up to 5 years or to both. Such benefit typically takes the form of avoiding prejudice which would be occasioned to the paying party if the receiving party discharged his duty as he ought to have. A determinate custodial sentence is a sentence of imprisonment for a period of time set by the court. Being a Senior Director of Logistics in Seagate and a member of the tender committee, Henry had access to Seagate’s confidential information and conspired to share the confidential information with Judy who was not a Seagate employee. The new sentencing framework pertains only to public sector corruption involving agents. By ethnicity and sex of offender . A licenced prisoner can be recalled to prison for breaking licence conditions. Considering sentencing, she said: 'As an adult, it would be a custodial sentence. Training centre sentences can range from a period of six months to three years, depending on the teenage offender’s performance in custody, during which he or she is to be trained in a trade. Between 2009 to 2010, Henry used Judy’s ATM card to make numerous cash withdrawals of these corrupt gratifications in Singapore. Custodial Sentence and Penalties for Committing Corruption Overseas . 6         Furthermore, Judy then conspired with Henry to withdraw part of the corrupt gratifications she received to purchase a condominium unit in Singapore. Henry, a former Senior Director of Logistics at Seagate Technology International (“Seagate”), had been previously convicted in another case for receiving kickbacks from a vendor in Singapore. Over the past three years, the total number of individuals prosecuted for corruption offences remained low. Given Singapore’s zero-tolerance approach to corruption, custodial sentences are presumptively the norm in cases involving public sector corruption. Singapore is in a good state. Singapore is taking private sector corruption increasingly seriously. PRESS RELEASE BY CPIB. In considering whether a custodial sentence should be imposed in this case, See JC reviewed the list of non-exhaustive factors set out in Ng Sae Kiat 5: … Custodial sentences Remand. Depending on the length of the sentence, the first half is served in custody and the second half on licence. Learn about our history, read the stories and uncover interesting facts by walking through the timeline. Custodial sentences were meted out to the majority of private sector employees. Syed was paid $3,000 and in return he did not point out any of the defects in his report. 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