Cheng William v Loo Ngee Long Edmund

• Court: High Court (Singapore)
• Judge: Yong Pung How CJ
• Judgment Date: 30 July 2001
• Neutral Citation: [2001] SGHC 201
• Citation: [2001] SGHC 201
• Defendant Counsel: Bala Reddy and Toh Yung Cheong (Deputy Public Prosecutors)
• Plaintiff Counsel: N Sreenivasan (Straits Law Practice LLC)
• Published date: 07 November 2003
• Docket Number: Magistrate's Appeal No 102 of 2001
• Date: 30 July 2001
• Subject Matter: Criminal intimidation,Whether manifestly inadequate,Whether Public Prosecutor has power to discontinue proceedings,Assault,Powers,Public prosecutor,Sentencing,Criminal Procedure and Sentencing,Whether Public Prosecutor has power to intervene in criminal proceedings and private prosecutions,No aggravating factors,Wrongful restraint

: This was an appeal against the decision of the District Judge Salina Ishak in a private summons case when she convicted the respondent of one offence each under ss 352, 341 and 506 of the Penal Code (Cap 224). The respondent was sentenced to a fine of $500 (in default two days` imprisonment) in respect of the first offence, a fine of $500 (in default two days` imprisonment) in respect of the second offence, and a fine of $1,000 (in default five days` imprisonment) in respect of the third offence. The appellant appealed against the sentence on the ground that it was manifestly inadequate. Although the Public Prosecutor had not been involved directly in the proceedings, he took the unusual step of intervening in the appeal. He submitted that the appeal be discontinued. I ordered that the appeal be discontinued and now give my reasons.

The charges

The first two charges and the amended third charge read as follows:

First Charge

PSS 001078-2001

You,

Edmund Loo Ngee Long,

NRIC No. S1523005C

are charged that you, on the 15th day of September 2000 at or about 2.00 pm at 279 Balestier Road, Balestier Point, Singapore 329727 did without grave and sudden provocation assaulted ( sic) one William Cheng, to wit, by shouting rudely and using aggressive gestures at him, making him apprehend that you were about to use criminal force on him, and you have thereby committed an offence punishable under section 352 of the Penal Code, Cap 224.

Second Charge

PSS 001089-2000

You,

Edmund Loo Ngee Long,

NRIC No. S1523005C

are charged that you, on the 15th day of September 2000 at or about 2.00 pm at 279 Balestier Road, Balestier Point, Singapore 329727 did voluntarily obstruct one William Cheng, to wit, prevente ( sic) him from proceeding in his intended direction in which he has a right to proceed and you have thereby committed an offence under section 341 of the Penal Code, Cap 224.

Third Charge

PSS 00109-2000

You,

Edmund Loo Ngee Long,

NRIC No. S1523005C

are charged that you, on the 15th day of September 2000 at or about 2.00 pm at 279 Balestier Road, Balestier Point, Singapore 329727 did threatened ( sic) one William Cheng Chairman of Balestier Point Management Corporation, to wit, by threatening him with injury to his person, intending thereby to cause alarm to the said William Cheng and you have thereby committed and ( sic) offence punishable under section 506 of the Penal Code, Cap 224.

The offences

The relevant provisions of the Penal Code provide as follows:

341 Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to $500, or with both.

352 Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment for a term which may extend to 3 months, or with fine which may extend to $500, or with both.

506 Whoever commits the offence of criminal intimidation shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both; and if the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or with imprisonment for a term which may extend to 7 years or more, or impute unchastity to a woman, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

The facts

Both the appellant and respondent conduct business from units in a building complex called Balestier Point. The appellant operates a health centre and was the chairman of the Balestier Point Management Corporation at the material time. The respondent is a car dealer and parked cars which were offered for sale by his business at the car park of Balestier Point.

Some time before the incident occurred, the appellant had instituted rules which imposed a charge on the...