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It was contended that the overall sentence imposed on the appellant was manifestly excessive. It distinguished the cases relied on by Prostitutes Severn appellant relating to the s 1 d and s 1 offences.

In this regard, where the fine is imposed to deny the offender the fruits of the crime rather than to punish him for it, the Prostitutes Severn should not be depressed on account of the totality principle.

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An appellate court will not ordinarily interfere with the sentence meted out at first instance unless it is satisfied that the judge at first instance had, amongst other grounds, imposed a sentence that was wrong in principle or that was manifestly excessive Public Prosecutor v Kwong Kok Hing [] 2 SLR R at [13]—[14].

As regards what Prostitutes Severn to a manifestly excessive sentence, this threshold would be met if there is a need Prostitutes Severn a substantial alteration to the sentence, rather than an insignificant correction Prostitutes Severn remedy the injustice Public Prosecutor v UI [] 4 SLR R at [13]. As I found no basis for appellate intervention, I dismissed the appeal. I shall deal with the grounds of appeal in turn. The offences of receiving a prostitute, harbouring a prostitute and living on immoral earnings.

Counsel for the appellant submitted that the benchmarks notwithstanding, a reduction of the length of sentences was warranted when the circumstances of the offending were compared with those of the offenders in the cases Prostitutes Severn Desmo Vu and Zhang Weida.

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Unlike the accused in Desmo Vuthe appellant had actively recruited women from overseas as prostitutes, Prostitutes Severn for their accommodation and provided them with various items to facilitate the provision of sexual services.

The accused in Prostitutes Severn Weida pleaded guilty to four charges under s and one charge under s 2 of the Act, with seven charges taken into consideration for the purpose of sentencing.

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That scenario was quite different from the present case, in which the appellant was essentially the Prostitutes Severn mind and organiser of the entire vice operation. The offence of operating a remote communication service. Remote communication service operated or maintained for offering or facilitating provision of sexual services, etc.

First, I agreed with the Prosecution that the offences Prostitutes Severn by s A 1 are the virtual equivalent of the offences of Prostitutes Severn a place of assignation or a brothel. This makes it challenging for the Police to prevent and detect criminal groups conducting such a business.

They will make it an offence for persons in Singapore to operate or maintain in Singapore any website or other remote communication service that offers Prostitutes Severn facilitates the provision of sexual services in return for payment. The manner in which pimps and prostitutes organise Prostitutes Severn will inevitably change with technology and this might be something that Parliament might wish to consider further.

This indicates that the criminality that Prostitutes Severn A of the Act is envisaged to deal with is viewed to be far more severe than that dealt with by s 19 of the MOA, and is comparable to that dealt with by ss and of the Act of managing a Prostitutes Severn of assignation or a brothel. For Prostitutes Severn, the benchmarks are as follows:.

He then used the phone number to transact with multiple clients for all of the female Prostitutes Severn working under his charge, specifying particular sexual acts for particular rates and later communicating the location and time of the engagement to the client.

Significantly, the clients were to message back once they began engaging in sexual services with a particular prostitute and after they had left the premises, which allowed the appellant to keep close tabs on the prostitutes under his charge. Thus, I did not think it could be said that the sentence imposed by the District Judge in respect of the charge under s A 1 a of the Act was manifestly excessive.

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Quantum of the fines. In other words, for vice-related charges where an Prostitutes Severn has made a profit from his offending a combination sentence of imprisonment and fine is appropriate. First, in determining the quantum of the fine, the parties disagreed as to whether the gross or net earnings of the appellant Prostitutes Severn be considered by the court.

The Prosecution argued that prostitution earnings are immoral earnings, and all such earnings received by the offender should be disgorged by way of fines subject to the applicable statutory maximum for each charge. The appellant maintained that the expenses he incurred ought to be taken into account, such that the criminal proceeds Prostitutes Severn be disgorged should be his net profit. While weight was given to this in Prostitutes Severn see [97]no fine was imposed on the offender.

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There was no discussion on the issue of expenses. As a starting Prostitutes Severn, I would say that the total earnings, takings or revenue received Prostitutes Severn an offender — such as the fee s received by the offender in Quek Chin Choon — would represent his profit.

However, this is if there is no other evidence showing what has been expended by the offender. Thus, in my view, the burden falls on the offender to show such expenses, so Prostitutes Severn to displace the starting point.

If the offender adduces evidence of expenses incurred, Prostitutes Severn seems to me that it would be fair and reasonable to take such expenses into account.

Even then, it does not necessarily Prostitutes Severn that full deduction Prostitutes Severn be given for all expenses claimed by the offender. If the expenses are unrelated, unnecessary or unreasonable, the Prosecution may wish to challenge the evidence of the offender, or at least take a position whether these expenses should be considered.

It is for the court to then determine whether these expenses should be taken into account either in part or in full.

At the end of the day, while this is meant to be a rough and ready inquiry, the court aims Prostitutes Severn determine the actual gain, benefit or profit of the offender, and to fix Prostitutes Severn fine quantum so as to serve a confiscatory purpose.

It did not make sense that an offender would deliberately take a smaller share of the ill-gotten gains, for fear that he would be called to account for any larger share by way of a fine.

In any case, the offender should be called to Prostitutes Severn for his share of ill-gotten gains. If the criminal proceeds are truly shared with others complicit in the illegal enterprise, the other offenders should be the ones to account for their respective shares Prostitutes Severn the ill-gotten gains, and not the offender.

To allow for a deduction for expenses incurred in the course of the immoral Prostitutes Severn would be to favour an offender who invests the criminal proceeds back Prostitutes Severn the illegal enterprise.

In my view, if the offender chooses to plough the criminal Prostitutes Severn back into the illegal enterprise, depending Prostitutes Severn the facts of the case, the question arises whether these actually form expenses which are related to the earnings, and whether these should be taken into account as expenses. Such concerns may be more appropriately Prostitutes Severn in the imposition of punishment which is punitive, not confiscatory.

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The court should ensure that in the event of default the total sentence to be served is not disproportionate to the offence: R v Green and Green 6 Cr App R S ,

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