Transfer of benefits from criminal conduct - The distinction between primary and secondary offenders
19 Jul 2019
Last week, the Court of Appeal in Yap Chen Hsiang Osborn v PP  SGCA 40, had the opportunity to clarify that secondary offenders (ie someone who does not himself commit the offence from which the proceeds were originally derived but launders the proceeds of another person’s crime) cannot be charged under s47(1) Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed).
This decision reinforces Parliament’s intention to draw a distinction between primary offenders (ie someone who launders the benefits of his own criminal conduct) and secondary offenders.
Please click here to read more about the update.