Intellectual Property



U.S. Patent Application for 'Optical Sources for SPR Applications' 
Aug 04, 2006

Synopsis: Intellectual PropertyU.S. IP RegistrationU.S. Patents
 Mr Anil Balchandani was involved in the Patent Application US2008/0030736 A1 at the USPTO on behalf of Agilent Technologies Inc.

 The patent was granted on April 27, 2010. It is valid till September 05, 2028.


Article 'Registering a Patent in Singapore?' written for Asia Law Network 
Oct 11, 2018

Synopsis: Intellectual PropertySG IP RegistrationSG Patents
 Mr Anil Balchandani authored the article about patent application at the Intellectual Property Office of Singapore (IPOS).

 The authoritative article was published on October 11, 2018 at Asia Law Network.

Civil & Criminal Litigation



 Youth sentenced to probation for drug-related offences bought Ice to help his teacher
Jul 24, 2018

Synopsis: Criminal LitigationState Courts
 The Defendant, who was 19 years old at the time of the offences, was charged with one count each, under the Misuse of Drugs Act, for methamphetamine trafficking and cannabis consumption, that could have a jail sentence between five and 20 years and five to 15 strokes of the cane.

 With Mr Anil Balchandani as his defence counsel, the Defendant was given a probation of two years and three months, thus avoided jail time and caning.


 Cited High Court Civil Case: Tommy Choo Mark Go & Partners v Kuntjoro Wibawa (alias Wong Kin Tjong) - [2017] SGHC 354
Jun 12, 2017

Synopsis: Civil LitigationHigh Court
 This High Court civil case was brought upon by the Defendant's application to strike out the originating summon filed by the Plaintiff.

 Mr Anil Balchandani acted for the Plaintiff and got the Defendant's application struck off by the Court.

Sentencing Reference

For Mobile Devices: Scroll horizontally to view the entire table on the scroll bar below.

Criminal Procedure Code (CPC) Chapter 68 Revised Edition 2012

   
  Mandatory Treatment Orders
s339 CPC
Day Reporting Orders
s341 CPC<
Community Work Order
s344 CPC
Community Service Orders
s346 CPC
  Reformative Training
s305 CPC

Probation of Offender Act

1. Generally, cannot make Community Order s337 for: ..(a) for which sentence is fixed by law; (b) for which a specified / mandatory min imprisonment or fine or caning is prescribed by law;  (d) where a person who has been prev been imprisoned > 3 mths (other than default of payment of fine); (e) prev sentenced to corrective training / preventive detention; (f) prev detained / supervised under s30 (1) Cap 67 Temp Prov Act (g) where person sentenced to drug rehab; (h) which is punishable by fine only; or (i) an offence which is punishable with imprisonment > 3 yrs    
2. Exceptions to General Prohibition may be Made even for:  s337 CPC (2) Offender prev sentenced under s337CPC (d) or

admitted under (g) / convicted drug offence, admitted to approved centre / convicted, punished between 3- 7 yrs 
  s337 CPC (3)

(a) Offender convicted of fine-only offence or

(b) mandatory min fine is prescribed by law

s337 CPC (4) Offender convicted > 1 offences sentenced at same proceeding, no community sentence if offences relate to offence where community sentence cannot be made 
       
3. Combinations Allowed s338 CPC     ** Order can be made for any offence in any Act or Sub Leg tt provides for it        
4. Reasons: Court is satisfied tt the character of offender and nature of offence tt it is expedient to make an order tt will ..(1) benefit from psy help ..(1) benefit from day  reporting ..(4) promote a sense of responsibility or acknowledgement of harm done ..(1) aid reformation and make amends to community for offence ..(1) Short detention in prison for < 14 d ..(1) character, prev conduct, circumstances, to reform, prevent crime s5. (1) rgds to circumstances, nature of offence, character of offender
5. Preconditions ..(2) psy report to be submitted;

..(6)(a) remanded for test <3 wks / (6)(b) attend psy institution for assessment

..(2) Report by Day Reporting Officer on susceptibility of offender to counseling and rehab   ..(2) Mental and phy

..(3) Report from Community Service Officer

  ..(3) phy, mental conditions, suitability for sentence, nature of rehab recommended s5. (3B)

(a) mental, phy condition suitable for com svc in 5th Sch and

(b) suitable arrangements for com svc can be made
6. Conditions ..(a) suffers from a psy con;

..(b) suitable for tmt &

..(c) psy con is a contributing factor to offence
..(1) offender >16 yrs

..(3) Report in ..(2) not necessary to made Order

..(3) offender >16 yrs ..(4) Report in ..(3) not necessary to made Order

..(9) Hours  made by MCYS

..(1) offender >16 yrs ..(1)

(a) offender between 16 – 21 yrs, or

(b) 14-16 yrs where prev sent to juvenile rehab centre
s5.- (1)

(a) offender between 16 – 21 yrs and

(b) not prev convicted of any offence
7. Perform psy tmt for 36 mths

..(1) details: s340

..(1A) reside in psy institution for part/whole sentence if required for psy treatment

.. (4A) only if recommended by psychiatrist
..(4)(a) report to a center for
> 3 mths and
< 12
mths

details: s343

..(5) other conditions if Ct thinks fit
..(3) Unpaid Community work tt is associated with that offence

..(6) fixed CWO min and max hours by Act or SL

..(7) other conditions if Ct thinks fit
..(1) work as specified in the 5th Sch   ..(6) min period: (a) 6 mths, / (b) 12 mths

..(7) max period: 54 mths

..(5) in accordance with s428

..(10) sentence runs concurrently with imprisonment
s5. min period 6 mths, max 3 yrs
8. Additional   s342 electronic tag     ..(2) Backdating  possible under s318 ..(1) court may impose reform trng in lieu of other sentence

If reports supporting (3) not present, remand offender
<1 mth till report received

..(9) expires if (a) another sentence of reform trng imposed / (b) detained under order under s30(1) Criminal Law Temporary Provisions Act cap 67

From Regulations:

r12. Supervision Order

r13. Recall order on failure to act within (12) lasting: <10 d for each failure, <30 d for 2 / more failures

r13 (8) Recall orders cease effect after 54 mths of RTC date
s5. (3)(a) probation may include requirements on residence / unpaid community service

s5. (3C) suitability for community service needs to be determined

s5. (3D) no of hrs of community service
(5th Sch) / not exceed max hrs of community service in s346 CPC

s5. (3E) in serving 3D, comply with s347 CPC obligations

s5. (4) Failure to comply means liability to original offence

s5. (6) female probation officer for females

s6. (3) <14 yrs, court will not amend probation order unless willingness to comply expressed

s7. (1) Breach of probation may lead to summon to Magistrates Court, (2) Penalties for breach: fine < $1,000 / prison < 14 d
FIFTH SCHEDULE under Section 346 (1)
Types of Work

The type of work under a community service order includes general cleaning, repair, maintenance and restoration works, the provision of care services and any other work that contributes to the community at any of the following places:

(a) any hospital or any charitable, educational, cultural, or recreational institution or organisation, or any other organisation that contributes to a social cause;

(b) any land of which the Government or any public body is the owner or lessee or occupier, or any land that is administered, maintained or kept clean by the Government or any public body.
KEY

Sentencing Terminology

i. min - mandatory minimum sentence:
minimum amount time for a sentence prescribed, where imposition of that type of sentence was mandatory (required / compulsory)

ii. specified – specified minimum sentence:
minimum amount of time for a sentence prescribed, but the imposition of that type of sentence was not mandatory (required / compulsory)

iii. fixed by law – sentence fixed by law:
court had no discretion as to the (a) type of sentence (which was mandatory) and (b) the amount of time of the prescribed punishment
Shorthand

i. com svc – community service
ii. con – condition
iii. ct – court
iv. d – days
v. mths – months
vi. phy – physical
vii. prev – previously
viii. psy – psychiatric
ix. RTC: the date the sentence of reformative training takes effect, for a person sentenced to reformative training
x. rgds – regards
xi. tmt – treatment
xii. wks - weeks
xiii. yrs – years
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