Hon Chi Wan Colman v PP: Criminal Breach of Trust & Entrustment of Dominion
Hon Chi Wan Colman appealed to the High Court of Singapore against his conviction by a district judge for two counts of abetment by conspiracy to commit criminal breach of trust, an offence punishable under s 408 read with s 109 of the Penal Code (Cap 224). The charges related to the misappropriation of Philips Electronics Singapore Pte Ltd property. Yong Pung How CJ dismissed the appeal, finding that the prosecution had proven entrustment of dominion and that the conviction was safe despite challenges to the credibility of prosecution witnesses.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Hon Chi Wan Colman appeals conviction for abetment by conspiracy to commit criminal breach of trust. Appeal dismissed; entrustment of dominion proven.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Conviction Upheld | Won | Ravneet Kaur of Deputy Public Prosecutor |
| Hon Chi Wan Colman | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ravneet Kaur | Deputy Public Prosecutor |
| PE Ashokan | Khattar Wong & Partners |
| Abdul Rashid Gani | Khattar Wong & Partners |
4. Facts
- Hon Chi Wan Colman was the Service Logistics Manager of Philips Electronics Singapore Pte Ltd.
- Colman was also appointed as Accessories Sales and Marketing Manager.
- Donald Puah Boon Leng was the Service Delivery Manager of PCC.
- Colman approached Donald to find buyers for transceivers and handphone accessories.
- Colman and Donald agreed to split the proceeds of the sale equally.
- Agnes requisitioned large quantities of transceivers and accessories from JSI on the instructions of Colman.
- Alvin Lim Eng Boon retrieved an envelope from Colman’s office.
5. Formal Citations
- Hon Chi Wan Colman v Public Prosecutor, MA 7/2002, [2002] SGHC 190
6. Timeline
| Date | Event |
|---|---|
| Hon Chi Wan Colman employed by Philips Electronics Singapore Pte Ltd | |
| Hon Chi Wan Colman additionally appointed as Accessories Sales and Marketing Manager, PCC | |
| Hon Chi Wan Colman approached Donald Puah Boon Leng to find buyers for transceivers and handphone accessories | |
| Donald agreed with Anthony Chia Kin Boon to sell items | |
| Donald agreed with Johan to sell items | |
| Agnes Yup Mei Li sent email to JSI requesting transceivers | |
| Agnes Yup Mei Li sent another email to JSI requesting transceivers | |
| Agnes requested accessories via emails | |
| Agnes requested accessories via emails | |
| Agnes requested accessories via emails | |
| Agnes requested accessories via emails | |
| Donald contacted Anthony to collect items | |
| Anthony's assistant took the goods out of the Company | |
| Donald collected payment from Johan | |
| Donald collected payment from Anthony | |
| Donald passed the envelope to the appellant | |
| Hon Chi Wan Colman and Donald Puah Boon Leng were called up for internal investigations | |
| Alvin Lim Eng Boon received a call from the appellant | |
| Alvin Lim Eng Boon received a call from Donald Puah Boon Leng | |
| Alvin retrieved the envelope from the appellant’s office | |
| Alvin passed the envelope to Donald | |
| Hon Chi Wan Colman called Alvin Lim Eng Boon and asked him not to tell the Commercial Affairs Department that he saw cash in the envelope | |
| Decision Date |
7. Legal Issues
- Criminal Breach of Trust
- Outcome: The court held that sole dominion is not necessary for an offence of criminal breach of trust to be made out. The essence of the offence lies in the entrustment of property to an employee and his subsequent betrayal of that trust.
- Category: Substantive
- Sub-Issues:
- Entrustment of dominion over property
- Whether sole dominion necessary
- Essence of offence
- Whether element of entrustment of dominion proved
- Degree of control over property required to prove entrustment of dominion
- Admissibility of Accomplice Evidence
- Outcome: The court held that s116(b) of the Evidence Act did not mean that an accomplice’s evidence must be presumed to be unworthy of credit. The correct approach should be: Whether or not the accomplice’s evidence is reliable will depend on all the circumstance of each case. All that the court is required to do is to scrutinise such evidence carefully.
- Category: Procedural
- Sub-Issues:
- Whether court must presume such evidence unworthy of credit
- Court to treat such evidence with caution
- Whether accomplice's evidence reliable in circumstances
- Inconsistencies in Testimony
- Outcome: The court held that a court can decide to accept one part of a witness’ testimony while rejecting the other.
- Category: Procedural
- Sub-Issues:
- Whether court can accept part of testimony and reject others
8. Remedies Sought
- Appeal against Conviction
9. Cause of Actions
- Criminal Breach of Trust
- Abetment by Conspiracy
10. Practice Areas
- Criminal Breach of Trust
- Abetment
- Conspiracy
11. Industries
- Electronics
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jimina Jacee d/o CD Athananasius v PP | High Court | Yes | [2000] 2 SLR 205 | Singapore | Cited for the principle that s116(b) of the Evidence Act does not mean that an accomplice’s evidence must be presumed to be unworthy of credit. |
| Birmala Charan Roy | N/A | Yes | (1913) 35 All 361 | N/A | Cited to support the proposition that a general degree of control can amount to dominion over a property. |
| State of Rajasthan v Kesar Singh | N/A | Yes | [1969] Cri L J 1595 | N/A | Cited to support the proposition that where a person had dominion in the sense of 'general control and supervision' over property entrusted to him in his position as an employee, he could be liable for criminal breach of trust if he misappropriated the property or was party to a criminal breach of trust by another person. |
| PP v Gan Lim Soon | High Court | Yes | [1993] 3 SLR 261 | Singapore | Cited for the principle that courts should not lose sight of the wood for the trees where the lapse of time has caused memories to blur and fade, and result in throwing up many discrepancies in evidence. |
| Ng Kwee Leong v PP | High Court | Yes | [1998] 3 SLR 942 | Singapore | Cited for the principle that a court can decide to accept one part of a witness’ testimony while rejecting the other. |
| PP v Victor Rajoo s/o Pitchay Muthu | Court of Appeal | Yes | [1995] 3 SLR 417 | Singapore | Cited for the principle that an appellate court should be slow to disturb a trial judge’s finding of fact. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224) s 408 | Singapore |
| Penal Code (Cap 224) s 109 | Singapore |
| Evidence Act (Cap 97, 1997 Ed) s 116 illustration (b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal breach of trust
- Entrustment of dominion
- Abetment
- Conspiracy
- Service Logistics Manager
- Service Delivery Manager
- Transceivers
- Handphone accessories
- Requisition
- Picking List
- Delivery order
15.2 Keywords
- Criminal breach of trust
- Entrustment of dominion
- Abetment
- Conspiracy
- Singapore
- Philips
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Breach of Trust | 95 |
| Criminal Law | 90 |
| Criminal conspiracy | 90 |
| Theft | 80 |
| Evidence Law | 70 |
| Criminal Procedure | 60 |
| Estoppel | 30 |
| Civil Procedure | 20 |
| Contract Law | 20 |
16. Subjects
- Criminal Law
- Evidence Law