PUBLIC PROSECUTOR v LIN HAIFENG

[2024] SGHC 168 High Court (General Division) 1 July 2024 • HC/MA 9061/2023/01 • 54 min read

10 cases cited

Catchwords

Criminal Law — Appeal Criminal Law — Criminal conspiracy

Practice Areas

Criminal Law

Judges (1)

Vincent Hoong Delivered

Counsel (10)

Attorney-General's Chambers Firm LVM Law Chambers Firm Chan Lay Koon Jean Counsel Respondent Joseph Gwee Counsel Appellant Lee Sien Liang Joseph Counsel Respondent Ling Ying Hong Samuel Counsel Respondent Lok Vi Ming Counsel Respondent Senthilkumaran Sabapathy Counsel Appellant Yeo Hui Min Michelle Counsel Respondent Zhuang Wenxiong Counsel Respondent

Parties (2)

Public Prosecutor Appellant Lin Haifeng Respondent

Case Significance

Public Prosecutor v Lin Haifeng [2024] SGHC 168 was a grounds of decision of the General Division of the High Court of Singapore (Magistrate's Appeal No 9061 of 2023), delivered by Vincent Hoong J on 1 July 2024 after hearings on 21 September 2023 and 21 February 2024. The case was an appeal by the Prosecution against the acquittal of Mr Lin Haifeng ("the Accused"), who had claimed trial to nine charges under s 6(b) read with ss 7 and 29(a) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) (the "corruption charges") and nine charges under s 477A read with s 109 of the Penal Code (Cap 224, 2008 Rev Ed) (the "falsification charges"). The District Judge had acquitted the Accused of all charges.

On 21 September 2023, Vincent Hoong J set aside the acquittal and convicted the Accused of all nine charges under the Prevention of Corruption Act and all nine charges under the Penal Code. Following submissions on sentence, on 21 February 2024 the court imposed an aggregate sentence of 21 weeks' imprisonment and a fine of $9,000, with an in-default sentence of nine weeks' imprisonment. As reflected in the catchwords, the appeal engaged criminal conspiracy. The Prosecution was represented by the Attorney-General's Chambers (Joseph Gwee and Senthilkumaran Sabapathy), and the respondent by LVM Law Chambers, including Lok Vi Ming.

Summary

This was the Prosecution's appeal against the acquittal of Lin Haifeng, a Senior Project Manager at Newcon Builders Pte Ltd on the Customs Operations Command Complex project, who had claimed trial to nine corruption charges under the Prevention of Corruption Act and nine falsification charges under the Penal Code and was acquitted of all charges by the District Judge. Vincent Hoong J set aside the acquittals and convicted the accused on all 18 charges, finding the District Judge had erred. The court imposed an aggregate sentence of 21 weeks' imprisonment and a fine of $9,000, with a nine-week in-default term.

What was the outcome of Public Prosecutor v Lin Haifeng [2024] SGHC 168?

In [2024] SGHC 168, Vincent Hoong J allowed the Prosecution's appeal, set aside Lin Haifeng's acquittal, and convicted him of nine corruption charges and nine falsification charges, imposing an aggregate sentence of 21 weeks' imprisonment and a $9,000 fine.

What charges did Lin Haifeng face in [2024] SGHC 168?

The Accused in [2024] SGHC 168 faced nine charges under s 6(b) read with ss 7 and 29(a) of the Prevention of Corruption Act, and nine charges under s 477A read with s 109 of the Penal Code for falsification, having initially been acquitted by the District Judge.