Cheating (sec 420) and Criminal Breach of Trust (sec 405)

by | Apr 23, 2020 | Criminal Process

Offence of Cheating under sec 420 of the Penal Code (Cap. 224, 2008 Rev Ed)

A person cheats when he deceives any person and dishonestly induces that person he deceived to deliver any property or cause damage or harm to any person in body, mind, reputation or property.

Whoever cheats shall be punished with up to 3 years’ imprisonment, or with fine, or with both.

Whoever cheats and thereby dishonestly induces the deceived person to deliver or allow the delivery of property to any person, shall be punished with up to 10 years’ imprisonment and fined.

Offence of Criminal Breach Trust (CBT) under sec 405 of the Penal Code (Cap. 224, 2008 Rev Ed)

A person entrusted with property, who:

  • dishonestly misappropriates it;
  • converts it to his own use;
  • dishonestly uses or disposes of that property in violation of any law or legal contract which he has made; or
  • intentionally engages any other person to do any of the above,

commits criminal breach of trust.

Whoever commits criminal breach of trust shall be punished with up to 7 years’ imprisonment, or with fine, or with both.

Whoever commits criminal breach of trust in respect of property, of which he is entrusted with as an employee, shall be punished with up to 15 years’ imprisonment and fined.

Whoever commits criminal breach of trust in respect of property, of which he is entrusted with in his professional capacity (especially that of a public servant, banker, merchant, agent, director, officer, partner, key executive or fiduciary), shall be punished with up to 20 years’ imprisonment and fined.

We are determined to help you fight for a fair outcome to your criminal defence case. For more information, please contact our criminal lawyer, Ray Louis, at 9090 8288.