PUBLIC PROSECUTOR v MARLENE WISE

[2024] SGHC 320 High Court (General Division) 12 December 2024 HC/CR 4/2024 39 min read
12 cases cited

Key facts

Court High Court (General Division)
Decided
Judges Steven Chong, Sundaresh Menon, Tay Yong Kwang
Charges / claim Criminal Procedure and Sentencing
Counsel Allen & Gledhill LLP, Attorney-General's Chambers, De Souza Lim & Goh LLP, Chia Su Min Rebecca, Christoper Ong, Goh Kok Yeow, Ryan Lim

Source: [2024] SGHC 320, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (7)

Parties (2)

Case Significance

Public Prosecutor v Marlene Wise [2024] SGHC 320 is a decision of the General Division of the High Court (Criminal Revision No 4 of 2024), delivered on 12 December 2024 by Tay Yong Kwang JCA on behalf of a coram that also included Sundaresh Menon CJ and Steven Chong JCA. The Prosecution brought a petition for revision raising two issues under the Criminal Procedure Code (2020 Rev Ed): first, whether the court becomes functus officio after ordering disposal of seized property under s 370 and directing the police to retain it pending potential claims under s 372; and second, whether the court has power under s 372 to adjudicate claims made on the seized property. The proceedings arose from DJ Lau Qiuyu's decision in a disposal inquiry (Public Prosecutor v Marlene Wise [2024] SGDC 22).

[2024] SGHC 320 explained

PUBLIC PROSECUTOR v MARLENE WISE ([2024] SGHC 320) is a Singapore judgment decided by the High Court (General Division) on 12 December 2024. It is categorised under Criminal Procedure and Sentencing. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2024] SGHC 320 about?

PUBLIC PROSECUTOR v MARLENE WISE ([2024] SGHC 320) is a High Court (General Division) decision from 2024. Its published catchwords are “Criminal Procedure and Sentencing — Disposal of property” and “Criminal Procedure and Sentencing — Revision of proceedings”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2024] SGHC 320 consider?

The judgment refers to Animal and Birds Act, Criminal Procedure Code (Cap 68), Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A), and Wholesome Meat and Fish Act, among other provisions. The statutes cited are listed in full on this page, each linking to its primary text.

What issues did the High Court consider in Public Prosecutor v Marlene Wise [2024] SGHC 320?

In [2024] SGHC 320, the coram of Sundaresh Menon CJ, Tay Yong Kwang JCA and Steven Chong JCA considered whether a court becomes functus officio after ordering disposal of seized property under s 370 of the Criminal Procedure Code, and whether it has power under s 372 to adjudicate claims on that property.

What property was at issue in Public Prosecutor v Marlene Wise ([2024] SGHC 320)?

The seized property in [2024] SGHC 320 was a sum of USD42,511.55 held in a bank account frozen during investigations by the Commercial Affairs Department. The Prosecution argued the respondent, Marlene Wise, was never in lawful possession of the sum and sought its disposal to the Government.

Statutes Cited

Animal and Birds Act
s 64(7)
Wholesome Meat and Fish Act
s 32(7)
Wildlife Act
s 12D(3)

Cases Cited (12)

SG (2)
[2023] SGDC 289 [2024] SGDC 22
SLR (10)
[1991] 2 SLR(R) 231 [1992] 2 SLR(R) 667 [1994] 2 SLR(R) 113 [2009] 3 SLR(R) 307 [2017] 4 SLR 333 [2017] 5 SLR 1064 [2017] 5 SLR 796 [2019] 4 SLR 867 [2024] 1 SLR 579 [2024] 3 SLR 457

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 320)