SYED FATHUDDIN PUTRA BIN SYED A RAHMAN v PUBLIC PROSECUTOR

[2023] SGHC 338 High Court (General Division) 29 November 2023 HC/MA 9067/2023/01 · HC/MA 9103/2023/01

9 cases cited

Key facts

Court	High Court (General Division)
Decided	29 November 2023
Judges	Sundaresh Menon, Tay Yong Kwang, Vincent Hoong
Charges / claim	Criminal Procedure and Sentencing, Criminal Law
Counsel	Allen & Gledhill LLP, Attorney-General's Chambers, M/s S Skandarajah & Co, Agnes Chan, Isaac Tan, Jonathan Trachsel, Lim Shin Hui, Skandarajah s/o Selvarajah

Source: [2023] SGHC 338, High Court (General Division), decided 29 November 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Criminal Procedure and Sentencing — Appeal Criminal Law — Statutory offences — Customs Act Criminal Procedure and Sentencing — Sentencing — Sentencing framework

Practice Areas

Criminal Procedure and Sentencing Criminal Law

Judges (3)

Sundaresh Menon Coram Tay Yong Kwang Delivered Vincent Hoong Coram

Counsel (8)

Allen & Gledhill LLP Firm Attorney-General's Chambers Firm

M/s S Skandarajah & Co Firm

Agnes Chan Counsel for the respondent

Isaac Tan Counsel for the respondent

Jonathan Trachsel Counsel for the third party

Lim Shin Hui Counsel for the respondent

Skandarajah s/o Selvarajah Counsel for the appellant

Parties (3)

Public Prosecutor Respondent

Bhawal Sourov Appellant

Syed Fathuddin Putra bin Syed A Rahman Appellant

Case Significance

SYED FATHUDDIN PUTRA BIN SYED A RAHMAN v PUBLIC PROSECUTOR [2023] SGHC 338 is a decision of the General Division of the High Court delivered by Tay Yong Kwang JCA on 29 November 2023, sitting with Sundaresh Menon CJ and Vincent Hoong J. It comprises Magistrate's Appeals Nos 9067 and 9103 of 2023, brought by Syed Fathuddin Putra bin Syed A Rahman and Bhawal Sourov against sentences for offences under section 128L(4) of the Customs Act. The appeals were heard together as they raised the common issue of whether the sentencing framework in Public Prosecutor v Pang Shuo [2016] 3 SLR 903 remains appropriate, following the High Court's comment in Ripon v Public Prosecutor [2023] 3 SLR 896 that the Pang Shuo graph was overly complex and technical.

What was Syed Fathuddin Putra v Public Prosecutor [2023] SGHC 338 about?

It concerned two sentencing appeals under section 128L(4) of the Customs Act, heard together by a three-judge High Court to reconsider whether the Pang Shuo [2016] sentencing framework remained appropriate. Tay Yong Kwang JCA delivered the grounds on 29 November 2023.

Which sentencing framework was reconsidered in [2023] SGHC 338?

The court examined the framework from Public Prosecutor v Pang Shuo [2016] 3 SLR 903 for Customs Act offences, prompted by Ripon v Public Prosecutor [2023] 3 SLR 896, which criticised the Pang Shuo graph as overly complex and technical.