Chong Sher Shen v Public Prosecutor: Appeal Against Dismissal of Criminal Revision Regarding Erroneous Criminal Records
Chong Sher Shen applied for leave to appeal the High Court's dismissal of his criminal revision concerning erroneous entries in his criminal record from 1977. The Court of Appeal dismissed the application, finding no jurisdiction to hear appeals from the High Court sitting in revision over the State Courts and no question of law of public interest. The court also found no merit in the underlying application for revision, as the applicant's subsequent convictions were not solely based on the erroneous entries. The judgment was delivered by the Court of Appeal of the Republic of Singapore on 17 May 2019.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Criminal Motion dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal dismissed Chong Sher Shen's application for leave to appeal the High Court's dismissal of his criminal revision, concerning erroneous entries in his criminal record.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Motion Dismissed | Won | Nicholas Wuan Kin Lek of Attorney-General’s Chambers Amanda Sum of Attorney-General’s Chambers Kow Keng Siong of Attorney-General’s Chambers |
| Chong Sher Shen | Applicant | Individual | Criminal Motion dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge of Appeal | Yes |
| Woo Bih Li | Judge | No |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nicholas Wuan Kin Lek | Attorney-General’s Chambers |
| Amanda Sum | Attorney-General’s Chambers |
| Kow Keng Siong | Attorney-General’s Chambers |
4. Facts
- The applicant faced five charges in the State Courts, including driving under disqualification and without insurance.
- Erroneous entries were made in the applicant's criminal record in 1977, indicating convictions for traffic offences that did not occur.
- The applicant sought to have the erroneous entries removed and his subsequent convictions set aside.
- The Prosecution rectified the applicant's criminal record before the High Court hearing.
- The High Court dismissed the applicant's application, finding no serious injustice.
- The applicant argued that the erroneous entries led to a longer disqualification period in 1998, affecting subsequent convictions.
- The Court of Appeal found the applicant's premise regarding the 1998 disqualification to be wrong and unsupportable.
5. Formal Citations
- Chong Sher Shen v Public Prosecutor, , [2019] SGCA 35
6. Timeline
| Date | Event |
|---|---|
| Erroneous entries made to the applicant’s Criminal Records Office record. | |
| Applicant convicted of traffic offences and disqualified from driving for two years. | |
| Applicant pleaded guilty to driving without a license and insurance coverage. | |
| Applicant pleaded guilty to driving while under disqualification and without insurance cover. | |
| Applicant committed offence of driving while under disqualification. | |
| Applicant committed offence of driving while under disqualification. | |
| Applicant committed offences of driving while under disqualification and without insurance coverage. | |
| Applicant pleaded guilty to driving while under disqualification and driving without insurance coverage. | |
| Applicant arrested for driving while under disqualification and without insurance coverage. | |
| Applicant drove a vehicle. | |
| Applicant sought reliefs from the Court in Criminal Revision 5 of 2018. | |
| High Court heard Criminal Revision 5 and dismissed it. | |
| Criminal Motion heard in Court of Appeal. | |
| Grounds of decision delivered by the Court of Appeal. |
7. Legal Issues
- Jurisdiction of the Court of Appeal
- Outcome: The Court of Appeal held that it has no jurisdiction to entertain an appeal from the High Court sitting in revision over the State Courts.
- Category: Jurisdictional
- Effect of Erroneous Criminal Record
- Outcome: The court found that the erroneous entries in the applicant's criminal record did not justify setting aside his subsequent convictions.
- Category: Substantive
8. Remedies Sought
- Setting aside convictions
- Removal of erroneous entries from criminal record
- Vacating and re-fixing trial of pending charges
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mohamed Shouffee bin Adam v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited regarding the sentencing for consecutive imprisonment terms. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Motor Vehicles (Third Party Risks and Compensation) Act (Cap 189, 1985 Rev Ed) | Singapore |
| Motor Vehicles (Third Party Risks and Compensation) Act (Cap 189, 2000 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal record
- Disqualification order
- Revisionary jurisdiction
- Erroneous entries
- Traffic offences
- Leave to appeal
15.2 Keywords
- Criminal Motion
- Criminal Revision
- Erroneous Criminal Record
- Driving Offences
- Disqualification
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Criminal Procedure | 90 |
| Road Traffic Act | 80 |
| Sentencing Principles | 70 |
| Appeal | 70 |
| Jurisdiction | 50 |
| Evidence Law | 40 |
| Civil Procedure | 30 |
| Personal Injury | 20 |
16. Subjects
- Criminal Law
- Appeals
- Criminal Procedure