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Irvin Ho

Irvin Ho is an Associate in Baker McKenzie, Singapore office.

In the recent decision of Goh Ngak Eng v Public Prosecutor [2022] SGHC 254, the Singapore High Court declined to employ the existing sentencing framework for private sector corruption offences involving agents under section 6 of the PCA as set out in Takaaki Masui v. Public Prosecutor and another appeal and other matters [2021] 4 SLR 160.
Section 6 of the PCA criminalizes the actions of agents who corruptly receive or give gratification as an inducement or reward for performing or withholding performance in relation to their principal’s affairs or business.
In developing a new framework, the High Court cautioned that the sentencing exercise is not meant to be seen as a mathematical equation; sentencing frameworks are only meant to serve as guides and should not be used to produce a mathematically precise formula that identifies a precise point for the sentencing court to arrive at in each case.