PUBLIC PROSECUTOR v Mark Kalaivanan s/o Tamilarasan

[2025] SGCA 48 Court of Appeal 13 October 2025 • CA/CCA 21/2024 • 21 min read

15 cases cited Cited by 1 case

Catchwords

Criminal Procedure and Sentencing — Sentencing — Principles — Discretion to impose imprisonment in lieu of caning

Practice Areas

Criminal Procedure and Sentencing

Judges (3)

Debbie Ong Siew Ling Coram Steven Chong Coram Tay Yong Kwang Delivered

Counsel (5)

Ashvin Law Corporation Firm Attorney-General's Chambers Firm Ashvin Hariharan Counsel Respondent Eugene Lee Counsel Appellant Sheldon Lim Counsel Appellant

Parties (2)

Public Prosecutor Appellant Mark Kalaivanan s/o Tamilarasan Respondent

Case Significance

[2025] SGCA 48 is a Court of Appeal decision dated 13 October 2025 concerning Criminal Procedure and Sentencing, specifically addressing sentencing. The judgment was delivered by Tay Yong Kwang, with Debbie Ong Siew Ling and Steven Chong on the coram. The case was brought by Public Prosecutor (appellant) against Mark Kalaivanan s/o Tamilarasan (respondent). Legal representation was provided by Attorney-General's Chambers and Ashvin Law Corporation. The judgment cites 15 cases and references 4 statutory provisions, including the Criminal Justice Reform Act, the Criminal Procedure Code, and the Penal Code. This decision has been cited by 1 subsequent judgment in the dataset.

Summary

The Prosecution appealed against the High Court's decision to remit in full the sentence of 12 strokes of the cane for a respondent convicted of aggravated sexual assault by penetration who had been sentenced to the maximum 20 years' preventive detention and was certified medically unfit for caning. The key issue was whether an additional term of imprisonment could be imposed in lieu of caning under s 332 of the Criminal Procedure Code when the offender was already serving preventive detention. The Court of Appeal dismissed the appeal, holding the law does not allow additional imprisonment in lieu of caning where the offender is serving preventive detention.

What was decided in [2025] SGCA 48?

[2025] SGCA 48 (PUBLIC PROSECUTOR v Mark Kalaivanan s/o Tamilarasan) is a Court of Appeal decision from 13 October 2025 addressing Criminal Procedure and Sentencing, specifically sentencing. The judgment was delivered by Tay Yong Kwang.

Who were the parties in PUBLIC PROSECUTOR v Mark Kalaivanan s/o Tamilarasan?

The appellant in [2025] SGCA 48 was Public Prosecutor, and the respondent was Mark Kalaivanan s/o Tamilarasan. Legal representation included Ashvin Law Corporation and Attorney-General's Chambers. The case was decided on 13 October 2025 in the Court of Appeal.

Which judge decided [2025] SGCA 48?

[2025] SGCA 48 was delivered by Tay Yong Kwang in the Court of Appeal on 13 October 2025. Debbie Ong Siew Ling and Steven Chong also sat on the coram. The case concerned Criminal Procedure and Sentencing.

What cases and statutes does [2025] SGCA 48 cite?

[2025] SGCA 48 cites 15 prior decisions. It references Criminal Justice Reform Act, Criminal Procedure Code, Penal Code. The decision has itself been cited by 1 subsequent judgment.

Statutes Cited

Criminal Justice Reform Act

s 90

Criminal Procedure Code (Cap 68)

s 332

Penal Code (Cap 224)

s 170 s 354(1) s 376(4) s 451

The respondent was convicted by the Judge after trial on the following four charges under the Penal Code (Cap 224)

Cases Cited (15)

SG (4)

[2004] SGHC 120 [2021] SGCA 22 [2024] SGHC 73 [2025] SGHC 89

SLR (11)

[1992] 2 SLR(R) 160 [1995] 2 SLR(R) 1 [1999] 3 SLR(R) 304 [2000] 2 SLR(R) 145 [2001] 3 SLR 161 [2003] 1 SLR(R) 80 [2007] 2 SLR(R) 814 [2010] 3 SLR 278 [2013] 2 SLR 831 [2017] 5 SLR 904 [2024] 3 SLR 1713

Cited By (1)

[2025] SGHC 265

PUBLIC PROSECUTOR v Albao Shiela Marie Ibales

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGCA 48)