Massage Establishments Act Offences
Secured a reduced sentence in landmark High Court appeal case under the Massage Establishment Act
In the seminal case of Huang Xiaoyue v Public Prosecutor [2023] SGHC 187, Mr. Low Chun Yee provided the High Court with invaluable assistance in establishing a new benchmark sentence for Section 5(1) of the Massage Establishments Act 2017. Ms Huang operated a massage establishment without license and it failed inspection twice. After a trial, Ms Huang was convicted of both charges and sentenced to 12 weeks’ imprisonment per charge. Both sentences were ordered to run consecutively, bringing the global sentence to 24 weeks’ imprisonment. Ms Huang then engaged Mr. Low Chun Yee for her appeal. On appeal, the High Court was persuaded that 24 weeks’ imprisonment was manifestly excessive. Mr. Low’s successful handling of her appeal resulted in Ms Huang’s sentence being reduced to 18 weeks’ imprisonment.
Sexual Offences
Effective mitigation reduced client’s imprisonment term in outrage of modesty case
A 40-year-old male CYY had been convicted of a charge of outrage of modesty under Section 354(1) of the Penal Code after trial. CYY kissed the victim on her lips, and grabbed her breast and groin area. CYY engaged Mr. Low Chun Yee for mitigation and sentencing. Given the facts of the case, the offence fell within Band 2 of the sentencing framework laid out in Kunasekaran s/o Kalimuthu Somasundara v PP [2018] 4 SLR 580. This carried a range of 7.5 months to 22.5 months’ imprisonment, and the Prosecution was submitting for a sentence of up to 21 months’ imprisonment. With Mr. Low Chun Yee’s compelling mitigation plea, CYY was eventually sentenced to 18 months’ imprisonment.
Achieved dismissal of serious charge: client avoids prosecution for sexual penetration and receives conditional warning
20-year-old male GJK was investigated for an offence of sexual penetration under Section 375(1A) of the Penal Code 1871. In the letter of representations, Mr. Low weaved together various details to skilfully convince the police that the episode was consensual and GJK’s version of events should be believed over the female’s. After months of investigations, the police decided not to take any further action against GJK for this offence. GJK was eventually issued a conditional warning for a far less serious offence of production and possession of obscene films under Section 29 of the Films Act.
Obtained warning for youth with Asperger’s: avoided charges in sexual penetration of a minor case
ALZS was only 17 years old when he was investigated for sexual penetration of a minor under Section 376A(1)(a) of the Penal Code 1871. In his letter of representations, Mr. Low Chun Yee emphasized his client’s age and the fact that he suffered from high-functioning Asperger’s Disorder with attention deficit hyperactivity disorder and developmental coordination disorder. Instead of being charged, ALZS was given a warning for the commission of the offence.
When should you contact a lawyer?
After your arrest, you can get a criminal defence lawyer in Singapore as soon as possible, and the police must inform you of this right.
Gambling Offences
Divorced father of two faces multiple gambling charges and receives lower global sentence after persuasive submissions
As a divorced father of two young children, LLJP had committed 6 charges under the Gambling Control Act 2022. 2 charges were for the more serious offences of acting as an agent under Section 18(1), while 4 charges were for betting under Section 20(1). At the plead guilty mention, Mr. Low Chun Yee relied on the sentencing framework in Khoo Moy Seen v PP [2022] SGHC 98 which dealt with the repealed Remote Gambling Act. No sentencing framework had been decided then for the relatively new Gambling Control Act. Under the framework, LLJP could have faced up to 9 months’ imprisonment per charg e for acting as an agent. Mr. Low Chun Yee’s mitigation plea secured LLJP a global sentence of 5 months’ imprisonment.
Hurt Offences
No further action for professional facing rash act charge: the most optimal outcome amidst challenging circumstances
QEH, a successful working professional, was staying at a prominent hotel chain in Singapore for his work trip. Due to various malfunctions in his room, QEH and his wife and 18-month-old baby had an arduous time that night. Losing his cool, QEH threw a fire extinguisher onto the ground while a hotel staff was present. He was arrested for an offence of rash act under Section 336 of the Penal Code. In the letter of representations, Mr. Low Chun Yee emphatically explained the trying circumstances which led to this unfortunate incident and pointed out that the hotel staff was not injured. Mr. Low secured a result of no further action against QEH.
61-year-old victim lost consciousness after collision with e-scooter in hawker centre: final sentence was half of what the Prosecution sought
Liu Jiaming rode a e-scooter through a crowded hawker centre and collided into the 61-year-old victim, causing her to lose consciousness. Liu was charged for committing a rash act under Section 337(a) of the Penal Code. At the plead guilty mention, the prosecution sought a sentence of 2 weeks’ imprisonment. Despite the numerous aggravating factors, Mr. Low swayed the court to his side and obtained a final sentence of 1 week’s imprisonment.
(link: https://www.straitstimes.com/singapore/courts-crime/jail-for-stall-assistant-who-rode-e-scooter-in-a-rash-manner-and-knocked-into)
Property-related Offences
Hospital staff lied to police about misappropriating wallet: strategic representation achieved a warning
Working as a hospital staff, 52-year-old LAN took a wallet that did not belong to her and was investigated for an offence of dishonest misappropriation under Section 403 of the Penal Code. To make matters worse, LAN lied to the police in her statement that she did not take the wallet. Mr. Low turned around the entire situation around by laying out the reasons for her actions, including her denial, and obtained a warning instead.
Secured 15-month supervised probation for young client facing multiple cheating offences
18-year-old KRLK naively believed a friend and unwittingly aided him in a cheating scheme. The scheme involved getting existing telco customers to report their phones as lost to their telco provider, pay a small fee for a replacement phone, and then hand over the new phone to be sold. KRLK recruited some of her friends for this arrangement. She pleaded guilty 6 charges for cheating under Section 420 of the Penal Code. Mr. Low Chun Yee persuaded the prosecution not to object to the calling of a probation report based on her young age and full restitution being made. KRLK was found suitable for probation and was sentenced to 15 months supervised probation.
Voyeurism Offences
Young cadet caught red-handed for entering female toilet and attempted recording: skilful advocacy secured 24-month conditional warning against all odds
While training in Specialist Cadet School, 19-year-old OJYK committed an offence of criminal trespass under Section 447 and an offence of voyeurism under Section 377BB(2) of the Penal Code. OJYK had mistakenly entered the female toilet. Upon realizing that, instead of exiting, he hid in a cubicle and tried to record a lady in the next cubicle. OJYK was caught red-handed. Mr. Low Chun Yee laid out each relevant factor in a systematic fashion in the letter of representations, including his young age, his genuine remorse, his clean record. OJYK was given a priceless second chance when he was issued with only a 24-month conditional warning.
