XU YUANCHEN v PUBLIC PROSECUTOR

[2023] SGHC 123 High Court (General Division) 4 May 2023 HC/MA 9073/2022/01 · HC/MA 9078/2022/01
17 cases cited (15 SG, 2 foreign) Cited by 2 cases

Key facts

Court High Court (General Division)
Decided
Judge Aedit Abdullah
Charges / claim Criminal Law, Constitutional Law
Counsel Attorney-General's Chambers, Chung Ting Fai & Co, Remy Choo Chambers LLC, Andre Chong Wei Min, Choo Zheng Xi, Chung Ting Fai, Mohamed Faizal, Niranjan Ranjakunalan, Yuen Ai Zhen Carol

Source: [2023] SGHC 123, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (9)

Parties (3)

Case Significance

Xu Yuanchen v Public Prosecutor and another appeal [2023] SGHC 123 is a reserved judgment of Aedit Abdullah J in the General Division of the High Court, delivered on 4 May 2023 following a hearing on 28 October 2022 in Magistrate's Appeals Nos 9073 of 2022 and 9078 of 2022. The appellants, Xu Yuanchen and Daniel De Costa Augustin, were convicted of criminal defamation under ss 499 and 500 of the Penal Code for defaming members of the Cabinet of Singapore, and Daniel De Costa Augustin was additionally convicted under s 3(1) of the Computer Misuse Act for accessing an email account without authority. Both appealed against their convictions and sentences, arguing the impugned publication did not defame the Cabinet and that they lacked knowledge it would harm reputations, raising constitutional questions of freedom of speech.

Summary

Xu Yuanchen and Daniel De Costa Augustin appealed against their convictions and sentences for criminal defamation of Cabinet members under sections 499 and 500 of the Penal Code, with De Costa also convicted under section 3(1) of the Computer Misuse Act for accessing an email account without authority. The appeals challenged the defamation findings, the constitutionality of the provisions, and the Computer Misuse Act conviction. The High Court dismissed the appeals against conviction and the Computer Misuse Act sentence, but allowed the appeals against the defamation sentences, replacing the imprisonment terms with fines.

What did Xu Yuanchen v Public Prosecutor [2023] SGHC 123 concern?

Aedit Abdullah J heard appeals by Xu Yuanchen and Daniel De Costa Augustin against their convictions and sentences for criminal defamation of members of the Cabinet under ss 499 and 500 of the Penal Code. The judgment was delivered on 4 May 2023.

What additional charge did Daniel De Costa Augustin face in [2023] SGHC 123?

Beyond criminal defamation, Daniel De Costa Augustin was convicted under s 3(1) of the Computer Misuse Act for accessing an email account without authority to send an email. The appeals also raised the constitutional freedom of speech.

Statutes Cited

Cases Cited (17)

SG (1)
[2022] SGMC 22
SLR (14)
[1999] 3 SLR(R) 465 [2001] 1 SLR(R) 631 [2004] 1 SLR(R) 214 [2006] 1 SLR(R) 582 [2010] 1 SLR 52 [2010] 3 SLR 489 [2015] 1 SLR 26 [2016] 1 SLR 779 [2017] 1 SLR 373 [2019] 3 SLR 874 [2020] 1 SLR 486 [2020] 5 SLR 629 [2021] 1 SLR 476 [2021] 2 SLR 1358
UK (2)
[1981] 1 AC 648 [1993] 2 WLR 449

Cited By (2)

Related cases

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Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 123)