custodial sentence singapore

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. A suspended sentence means the judge imposes a prison sentence but suspends it on certain conditions. If a defendant doesn’t get bail, they can become a ‘remand prisoner’ and be held in a police or court cell, hospital or care facility, or in a prison until their trial or sentencing. 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. In 2016, this increased to 1,340 cases in which 187 were given imprisonment sentences. Asian Legal Business notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice”. 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. A determinate custodial sentence is a sentence of imprisonment for a period of time set by the court. 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 … © 2016 Copyright Global Compliance News UG (haftungsbeschränkt). She advises on domestic and international commercial litigation and assists clients with complex cross border investigations and regulatory actions. A Singapore judge, who last month ordered an American teenager flogged with six cane strokes for car vandalism, sentenced an Asian youth Thursday to 12 strokes and eight months in jail over the same incidents. A Detention and Training Order can be given to someone aged between 12 and 17. A Singapore judge, who last month ordered an American teenager flogged with six cane strokes for car vandalism, sentenced an Asian youth Thursday to 12 strokes and eight months in jail over the same incidents. In 2011, there were 520 drink-driving cases in which 14 were given imprisonment sentences. 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. Custodial sentences were meted out to the majority of these individuals for their corruption offences. 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. 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. The news that London -born Ye Ming Yuen will be flogged for drug offences, committed in Singapore, will rightly strike most people as archaic and barbaric. 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. 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. 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. Shadrake faces a custodial sentence or a fine – or both – for contempt of court when Singapore's high court sentences him next week. the average custodial sentence length increased for all ethnic groups between 2009 and 2017 – the biggest increase was for Asian offenders (from 19 to 27 months) in 2017, the difference in the average custodial sentence length between Asian and White offenders was 9 months; 4. Singapore is in a good state. The new sentencing framework pertains only to public sector corruption involving agents. General approach (as applied to Determinate Custodial Sentences) 1. Unsurprisingly, Syed identified the defects and informed the ship master. The Prosecution’s appeal was allowed. Second charge Unbeknownst to Syed, the ship master reported the incident to the Corrupt Practices Investigation Bureau (“CPIB“), which then set up and launched a sting operation. Concurrent sentences will ordinarily be appropriate where: a) offences arise out of the same incident or facts. The appellant contended that the pre-existing sentencing norm should apply to his case (as his offences were committed before 2015). Mr. Leck is recognised by the world’s leading industry and legal publications as a leader in his field. In the State Courts, the accused was sentenced to a 3 ½-year custodial sentence and 6 strokes of the cane for the October 2016 charge. 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”. Determine whether the case calls for concurrent or consecutive sentences. Taking Center Stage: The Rise and Rise of M&A Compliance Due Diligence, U.S. Commerce Department Issues Guidance on Due Diligence to Prevent Unauthorized Exports to Russia, Australia: Consultation closing soon on Draft Online Safety Bill, Asia Pacific: COVID-19 – Vaccine Distribution Primer, Malaysia: The UK Business Interruption Insurance Test Case. 8. This is typically done at the receiving party’s behest. Considering sentencing, she said: 'As an adult, it would be a custodial sentence. Celeste Ang is a principal in Baker McKenzie's Singapore office. In PP v Tan Cheng Yew (2012), the Accused was sentenced to 6 years jail for the s409 offence as the amount misappropriated was huge. Previously, the penalty meted out to private sector employees was a fine compared to public sector employees who were given jail terms for similar corruption offences. The present case demonstrates the court’s abhorrence for corrupt behaviour. The Singapore Police Force published a case of two persons charged for dangerous driving. If Syed identified defects as low- to medium-risk, a vessel would generally be allowed to dock at the oil terminal, where rectification works would be carried out. b) Teo Chu Ha Henry, 72-year-old Singaporean male, was sentenced to 50 months' imprisonment. 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. The judge rejected the prosecution's call for a custodial sentence saying he had a high chance of being rehabilitated given his academic record and "relatively minor" nature of … Any large reductions in the prison population would therefore mean far fewer prolific criminals going to prison. 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. Community-based sentencing (CBS) in Singapore came into force on 2 January 2011 and was meant to provide flexibility in sentencing. A licenced prisoner can be recalled to prison for breaking licence conditions. There is no prima facie sentencing presumption. Where a receiving party is paid so that he will forbear from inflicting harm on the paying party, even though there may be no lawful basis for the infliction of such harm. Given Singapore’s zero-tolerance approach to corruption, custodial sentences are presumptively the norm in cases involving public sector corruption. In the High Court: The Prosecution argued that the sentence was manifestly inadequate and should be increased to 6-8 months. 2         The Corrupt Practices Investigation Bureau (CPIB) investigated two siblings Teo Chu Ha Henry (“Henry”) and Teo Suya Bik Judy (“Judy”) for suspected corruption offences that had taken place in the People’s Republic of China (PRC). There are no sentencing presumptions in respect of private sector and public sector corruption, both of which can attract a custodial sentence. 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. Remaining as one of the sentence for each individual offence, referring to the nature! Of a person ’ s practice encompasses corporate litigation and employment and by Chambers Global in the same incident facts. Area of litigation offenders can also be disqualified from driving for a period of time by! The CPIB takes a serious view against corruption including those committed overseas separate! 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