LOW HAN SIANG v PUBLIC PROSECUTOR

[2024] SGHC 217 High Court (General Division) 23 August 2024 • HC/MA 9015/2024/01 • 13 min read
12 cases cited

Outcome

Appeal dismissed

I dismiss the appeal against sentence.

Source: [2024] SGHC 217, High Court (General Division), decided 23 August 2024. Read directly from the judgment.

Key facts

Court High Court (General Division)
Decided
Judge Vincent Hoong
Charges / claim Criminal Procedure and Sentencing, Criminal Law
Outcome Appeal dismissed
Counsel Attorney-General's Chambers, Drew & Napier LLC, Lim Shin Hui, Victor David Lau Dek Kai

Source: [2024] SGHC 217, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (4)

Parties (2)

Case Significance

Low Han Siang v Public Prosecutor [2024] SGHC 217 was an ex tempore judgment delivered by Vincent Hoong J in the General Division of the High Court in Magistrate's Appeal No 9015 of 2024/01 on 23 August 2024. The appellant, Mr Low Han Siang, had pleaded guilty to five proceeded charges in the District Court. The catchwords identify the issues as a criminal appeal and statutory offences under the Customs Act and the Road Traffic Act, with the matter also engaging the Criminal Procedure Code 2010.

As set out in the judgment, the proceeded charges included the First Excise Duty Charge (DAC-917659-2022), an amalgamated charge concerning the fraudulent evasion of excise duties amounting to $1,050,018.54 on 611 cars in 2020 under s 128D of the Customs Act, punishable under s 128L(2) read with s 124(4) of the CPC; the Second Excise Duty Charge (DAC-917661-2022), concerning fraudulent evasion of excise duties amounting to $769,846.51 on 530 cars in 2021; and the First ARF Charge (MSC-900973-2023), an amalgamated charge concerning the giving of incorrect information as to the value of 34 motor vehicles in 2017, causing a shortfall to the Additional Registration Fee amounting to $123,726, an offence under s 11(1)(a) of the Road Traffic Act punishable under s 11(9) read with s 124(4) of the CPC. The appellant was represented by Victor David Lau Dek Kai of Drew & Napier LLC, while the Attorney-General's Chambers acted for the respondent.

Summary

Low Han Siang appealed against the sentence imposed after he pleaded guilty in the District Court to five charges, including amalgamated charges for fraudulent evasion of excise duties on cars under the Customs Act and for giving incorrect information on motor vehicle values causing shortfalls in the Additional Registration Fee under the Road Traffic Act, with 19 further charges taken into consideration, having received a global sentence of nine months' imprisonment and a fine of $6,000,500. The appellant argued that the District Judge failed to apply the totality principle and imposed a crushing global sentence. Vincent Hoong J upheld the sentences for the ARF charges, found the global sentence commensurate with the gravity of the offences and not crushing, and dismissed the appeal against sentence.

What charges were involved in Low Han Siang v Public Prosecutor [2024] SGHC 217?

Mr Low Han Siang pleaded guilty to five proceeded charges, including fraudulent evasion of excise duties of $1,050,018.54 on 611 cars in 2020 and $769,846.51 on 530 cars in 2021 under s 128D of the Customs Act, plus an Additional Registration Fee shortfall of $123,726 under the Road Traffic Act.

Who decided Low Han Siang v Public Prosecutor and what type of judgment was it ([2024] SGHC 217)?

Vincent Hoong J of the General Division of the High Court decided it as an ex tempore judgment on 23 August 2024 in Magistrate's Appeal No 9015 of 2024/01. The charges engaged the Customs Act, the Road Traffic Act and the Criminal Procedure Code 2010.

Statutes Cited

Cases Cited (12)

SG (4)
[2021] SGHC 204 [2023] SGDC 44 [2024] SGDC 124 [2024] SGDC 53
SLR (8)
[1993] 2 SLR(R) 406 [1999] 2 SLR(R) 1163 [2003] 2 SLR(R) 334 [2014] 3 SLR 180 [2019] 2 SLR 764 [2023] 1 SLR 477 [2023] 5 SLR 1666 [2024] 4 SLR 364

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2024] SGHC 217)