Koh Boo Ching v Public Prosecutor

• Court: Magistrates' Court (Singapore)
• Judge: Eric Tin Keng Seng
• Judgment Date: 24 October 2003
• Neutral Citation: [2003] SGMC 37
• Citation: [2003] SGMC 37
• Published date: 18 November 2003
• Plaintiff Counsel: Liaw Jin Poh (Yeo Leong and Peh LLC)
• Defendant Counsel: Station Inspector Sheik Alauddeen (Police Prosecutor)

1 This is an appeal against sentence by Koh Boo Ching (“Koh”) who had pleaded guilty before me to the following charge under s 353 of the Penal Code (Cap 224) (marked P1):

You…are charged that you on or about the 25^th day of June, 2003 at or about 1.05 am at car park of Blk 136 Potong Pasir Ave 3, Singapore, did use criminal force on a public servant, namely, one Jumarie Bin Jumahat, a Parking Enforcement Officer of the Housing Development Board, with intent to deter him from discharging his duty as such public servant, to wit, by shoving your right shoulder against the said Jumarie Bin Jumahat’s right shoulder, and you have thereby committed an offence punishable under Section 353 of the Penal Code, Chapter 224.

Summary of facts

2 I ascertained that he understood the nature and consequences of his plea. He admitted without any qualification to the statement of facts (marked A).

3 The facts revealed that on 25 June 2003 at about 1.05 am, Mr Jumarie Bin Jumahat (“Mr Jumarie”), a HDB parking enforcement officer attached to Toa Payoh Branch, was performing his duty. He was taking summons action against a stationary motorcar at the car park of Blk 136 Potong Pasir Avenue 3 when Koh, who resided at the same block of flats, approached him.

4 Koh then questioned Mr Jumarie if he was issuing a summons to the said car. He followed by telling Mr Jumarie to go home instead. Mr Jumarie then explained to Koh that he was just performing his duty. While Mr Jumarie was checking the summons printout, Koh accused Mr Jumarie of staring at him. Mr Jumarie denied. Koh then walked closer to Mr Jumarie and used his right shoulder to push Mr Jumarie’s right shoulder. On seeing this, Mr Jumarie tried to move away from Koh to avoid unnecessary confrontation. However, Koh kept moving closer to Mr Jumarie and continued shoving his right shoulder against Mr Jumarie’s right shoulder for another two occasions. Mr Jumarie tried to move further away from Koh but was challenged to a fight.

5 Mr Jumarie then called the police for assistance. Knowing that the police had been summoned, Koh uttered to Mr Jumarie, “Chicken, a bit also call police.” and walked away. Both were then interviewed when the police arrived.

Charge taken into consideration

6 After I pronounced Koh guilty and convicted as charged, Koh admitted to the following charge (marked P2) and consented for it to be taken into consideration for the purpose of sentence:

You… are charged that you on or about the 25^th day of June, 2003 at or about 1.05 am at car park of Blk 136 Potong Pasir Ave 3, Singapore, did use abusive words to one, Jumarie Bin Jumahat who is a Parking Enforcement Officer of Housing Development Board, a public servant, to wit, “Kua Si Mi Lan Chau, Chee Bye”, which literally mean in English as “See What Penis, Vagina”, in the execution of his duty as such public servant, and you have thereby committed an offence punishable under Section 13D(1)(a) of the Miscellaneous Offences (Public Order and Nuisance) Act, Chapter 184.

Antecedents and mitigation

7 Koh had no criminal record.

8 In mitigation (written plea marked B), counsel informed the court that Koh, 39 years of age, was the sole breadwinner of the family. His wife was pregnant and they expected their first child in late October 2003. Koh had two other teenage children from a previous marriage.

9 Counsel highlighted the circumstances leading to the offence. It was very early in the morning and Koh was rather drunk having consumed a few cans of beer. He was exhausted and drowsy after a hard day’s work. He mistakenly thought Mr Jumarie was staring at him for no reason and wanted to find out why he was being stared at. Counsel submitted that Koh felt sorry for having used force on Mr Jumarie. It was said that he did not deliberately target Mr Jumarie or went out of his way to hurt him. No one was hurt and there was no property damage. The acts were committed in a “rash heated and impulsive moment” and irrational. Counsel urged me to consider that Koh cooperated fully with the police in investigations, had no previous conviction, and was remorseful. He also urged me not to impose a custodial sentence as his wife was due to deliver in October 2003 and he hoped to be with her.

Sentencing framework

10 Under s 353 of the Penal Code, Koh can be punished with imprisonment up to two years, or with fine, or with both. He had pleaded guilty to a “Magistrate’s Arrest Case” (“MAC” charge). Therefore, any fine I impose must not exceed $2,000: see s 11(5)(b) of the Criminal...