Angliss Singapore Pte Ltd pleaded guilty to a single
charge of having illegally affixed a specified halal certification mark
("the halal certification") without the approval of the Majlis Ugama
Islam Singapura ("MUIS") on a packet of chicken nuggets contrary to s 88A(5)(b)
of the Administration of Muslim Law Act (Cap 3, 1999 Rev Ed)
("the AMLA"). Angliss was fined $9,000.00. Dissatisfied with the
outcome Angliss appealed. The issue of "public interest" was discussed
by the High Court.
"Is there a distinct and autonomous sentencing principle
known as 'public interest'? What are the procedural formalities that
must be observed before a court takes into account misconduct that extends
beyond the immediate charges that confront an accused? What is the true
rationale that courts in Singapore should adopt in assessing whether an
appropriate sentencing discount ought to be accorded to an accused’s
plea of guilt? In what circumstances can the maximum prescribed sentence
be meted out? These important sentencing considerations and principles are
considered and explained in these grounds of decision."
The words of Justice V K Rajah above are found in a
landmark sentencing case handled by Straits Law. Mr N Sreenivasan and Mr
Ahmad Nizam Abbas were the lawyers who successfully acted for a company in
its appeal against sentence for an offence under the Administration of
Muslim Law Act regarding the unauthorised use of a MUIS halal
certification mark on a packet of chicken nuggets on sale at Carrefour
Hypermarket in Suntec City.
The full citation of this case is [2006] SGHC 155.This
case has generated a considerable amount of interest in the Muslim
community, for, among others, Justice V K Rajah’s observation that given
the importance of halal certification to the Muslim community and to
Singapore’s drive to encourage more export oriented food industries to
base themselves here, consideration should be given whether the AMLA
should be amended to permit the prosecution of officers or directors of a
company on the same basis as individual offenders.
