Daniel Vijay s/o Katherasan and others v Public Prosecutor
Court | Court of Three Judges (Singapore) |
Judge | Chan Sek Keong CJ |
Judgment Date | 03 September 2010 |
Neutral Citation | [2010] SGCA 33 |
Citation | [2010] SGCA 33 |
Subject Matter | Criminal Law,Criminal Procedure and Sentencing |
Docket Number | Criminal Appeal No 1 of 2008 |
Published date | 11 October 2010 |
Defendant Counsel | S Jennifer Marie, David Khoo, Ng Yong Kiat Francis and Ong Luan Tze (Attorney-General's Chambers),Mohamed Muzammil bin Mohamed (Muzammil & Co) and Allagarsamy s/o Palaniyappan (Allagarsamy & Co),Subhas Anandan and Sunil Sudheesan (KhattarWong) |
Plaintiff Counsel | James Bahadur Masih (James Masih & Co) and Amarick Singh Gill (Amarick Gill & Co) |
Hearing Date | 09 April 2009,13 November 2008 |
This is an appeal by the first appellant, Daniel Vijay s/o Katherasan (“Daniel”), and the second appellant, Christopher Samson s/o Anpalagan (“Christopher”), against the decision of the trial judge (“the Judge”) convicting them of murder in Criminal Case No 16 of 2007 (see
This appeal requires us to consider the scope of s 34 of the Penal Code (Cap 224, 1985 Rev Ed) (“the 1985 Penal Code”). Section 34 of the 1985 Penal Code has its roots in s 34 of the Penal Code (Ordinance 4 of 1871) (“the 1871 Penal Code”), which was enacted in 1872 when Singapore was part of the Straits Settlements. Since 1872, s 34 of the 1871 Penal Code has remained unchanged in all the subsequent editions of the Penal Code up to the current edition (
It might be thought that since s 34 was enacted some 138 years ago, its meaning would already have been settled through judicial interpretation. But, this does not appear to be the case. In 1999, this court (which will also be referred to interchangeably as “the CA”) said in
Despite the decision in
The Judge’s decision highlights the apparent harsh effect of the application of s 34 in these circumstances. The outcome is particularly unjust when the offence charged is that of murder. This expansive interpretation of s 34 stems from certain statements on the scope of s 34 made by Wee Chong Jin CJ in the judgment of the Court of Criminal Appeal (“the CCA”) in
Daniel was, at the material time, a male aged 23 who was a full-time national serviceman (“NSF”) with the Singapore Armed Forces (“the SAF”). He was, at the material time, absent without official leave (“AWOL”) from the SAF, and had been detained in the SAF Detention Barracks for being AWOL on four previous occasions. He had also been a secret society member in the past.
Apart from the Appellants, there were two other persons who were involved in the initial planning of the robbery,
Sometime in May 2006, Ragu and Babu hatched a plan to carry out a robbery of expensive cargo to be transported by Sterling from CAC for delivery to consignees. Babu recruited Bala to carry out the robbery. Bala then recruited Daniel and Christopher to assist him in carrying out the robbery. Sometime before the day of the robbery, Daniel took the baseball bat from a workshop at Changi where he had his car serviced. Several days before the robbery, Babu and Bala went to survey CAC. They were driven there by Christopher. On the evening of 29 May 2006, Babu and the Appellants met at a coffee shop at Block 125 Lorong 1 Toa Payoh to have some drinks. In the course of the evening, the robbery plan was discussed.
On 30 May 2006, at about 5.30am, Ragu contacted Babu and informed him that Sterling would be delivering the Cargo, which consisted of ten pallets of mobile phones (later found to contain 2,700 Sony Ericsson W700i mobile phones valued at about US$823,500), that morning from CAC to a consignee by lorry. Babu relayed the information to Bala, who was with Daniel and Christopher at that time. The Appellants then proceeded to the vicinity of CAC in a rented ten-foot lorry bearing the registration number GM9520E (“Lorry 9520”), taking with them the baseball bat. They subsequently met up with Babu, who told them that the lorry carrying the Cargo bore the registration number YM815B (“Lorry 815”).
At about 7.00am, the Appellants saw Lorry 815 being driven out of CAC (by Wan). Bala directed Daniel to follow Lorry 815 in Lorry 9520, while Babu, who was also at the scene, drove off separately in another lorry. Somewhere along Changi Coast Road, Daniel drove in front of Lorry 815, causing Wan to stop it by the side of the road. After Wan alighted from Lorry 815, he was assaulted by Bala repeatedly on the head and other parts of the body with the baseball bat, although he was not rendered unconscious. He was then carried into the cabin of Lorry 815 and put on the floorboard in front of the passenger seat.
Daniel, together with Christopher, then drove Lorry 815 to Pasir Ris Car Park A at Jalan Loyang Besar in the vicinity of Costa Sands Resort (“Car Park A”). Bala followed in Lorry 9520. After arriving at Car Park A, Daniel and Bala transferred two pallets of the Cargo (comprising 540 mobile phones) from Lorry 815 to Lorry 9520. Bala then instructed Christopher to drive Lorry 9520 with the two pallets on board to Daniel’s rented apartment in Ang Mo Kio (“the Ang Mo Kio...
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