Koh Young Lyndon v Masao Lim Zheng Xiong

• Jurisdiction: Singapore
• Judge: Wong Peck
• Judgment Date: 23 July 2010
• Neutral Citation: [2010] SGDC 309
• Hearing Date: 23 June 2010,14 July 2010,22 June 2010,07 July 2010
• Published date: 20 August 2010
• Docket Number: MSC 405-411/2009, Magistrate’s Appeal No. 248/2010/01
• Plaintiff Counsel: Abraham Vergis and Subir Singh Grewal (Drew & Napier)
• Court: District Court (Singapore)

District Judge Wong Peck:

The respondent faced seven charges which are proceeded with under private prosecution for a series of incidents between the same complainant and respondent over a prolonged period of 17 months. The seven charges relate to four incidents that occurred on 16 February 2007 (“the first incident”), 4 March 2007 (“the second incident”), 10 July 2008 (“the third incident”) and finally on 22 August 2008 (“the fourth incident”). The amended charges were framed as follows:

1st charge-MSC 405 of 2009 (Exhibit C1A)

You,

Masao Lim Zheng Xiong(D.O.B. 14/08/1983)

(NRIC: S83296950B)

Of 243A Joo Chiat Place, Singapore 437933

are charged that you, on or about 10 July 2008 at about 9pm at Far East Plaza, 14 Scotts Road, on the 3rd floor, did intentionally insult and thereby give provocation to one Koh Young Lyndon, to wit by shouting at the said Koh Young Lyndon “Fuck your mother till she dies…I tried your mother. Your mother wasn’t so good” and “If you have the balls, join me outside for a fight” intending or knowing it likely that such provocation would cause the said Koh Young Lyndon to break the public peace or to commit some other offence, and you have thereby committed an offence punishable under section 504 of the Penal Code (Cap 224).

2nd charge-MSC 406 of 2009 (Exhibit C2A)

You,

Masao Lim Zheng Xiong(D.O.B. 14/08/1983)

(NRIC: S83296950B)

Of 243A Joo Chiat Place, Singapore 437933

are charged that you, on or about 10 July 2008 at about 9pm at Far East Plaza, 14 Scotts Road, Singapore, on the 3rd floor, did commit criminal intimidation by threatening to cause death to one Koh Young Lyndon, and his family, to wit, by shouting to him “I am going to murder you. I am going to find out where your family stays and murder them”, with intent to cause alarm to the said Koh Young Lyndon, and you have thereby committed an offence punishable under section 506 of the Penal Code (Cap 224).

3rd charge-MSC 407 of 2009 (Exhibit C3A)

You,

Masao Lim Zheng Xiong(D.O.B. 14/08/1983)

(NRIC: S83296950B)

Of 243A Joo Chiat Place, Singapore 437933

are charged that you, on or about 22 August 2008 at around 3 to 4pm at Far East Plaza, 14 Scotts Road, Singapore on the 3rd floor, did commit criminal intimidation by threatening to cause death to one Koh Young Lyndon, to wit, by saying to him “I am going to kill you” while holding a long black object in your hand, with intent to cause alarm to the said Koh Young Lyndon, and you have thereby committed an offence punishable under section 506 of the Penal Code (Cap 224).

4th charge-MSC 408 of 2009 (Exhibit C4A)

You,

Masao Lim Zheng Xiong(D.O.B. 14/08/1983)

(NRIC: S83296950B)

Of 243A Joo Chiat Place, Singapore 437933

are charged that you, on or about 4 March 2007 sometime between 2pm and 3pm at Far East Plaza, 14 Scotts Road, Singapore , on the 3rd floor, did use abusive or insulting words on one Koh Young Lyndon, with intent to cause harassment, alarm or distress, to wit, by repeatedly shouting the word “Fucker” thereby causing the said Koh Young Lyndon to feel harassed, alarmed or distressed and you have thereby committed an offence punishable under section 13A of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184).

5th charge- MSC 409 of 2009 (Exhibit C5A)

You,

Masao Lim Zheng Xiong(D.O.B. 14/08/1983)

(NRIC: S83296950B)

Of 243A Joo Chiat Place, Singapore 437933

are charged that you, on or about 16 February 2007 at about 9.50pm to 10.10pm at unit #03-120 Far East Plaza, 14 Scotts Road, Singapore , did commit criminal intimidation by threatening one Koh Young Lyndon with injury to his person, to wit, by saying to him “I’ll be back for you”, with intent to cause alarm to the said Koh Young Lyndon, and you have thereby committed an offence punishable under section 506 of the Penal Code (Cap 224).

6th charge-MSC 410 of 2009 (Exhibit C6A)

You,

Masao Lim Zheng Xiong(D.O.B. 14/08/1983)

(NRIC: S83296950B)

Of 243A Joo Chiat Place, Singapore 437933

are charged that you, on or about 16 February 2007 at about 9.50pm to 10.10pm at unit #03-120 Far East Plaza, 14 Scotts Road, Singapore, did use criminal force upon one Koh Young Lyndon, to wit, by forcefully pushing the said Koh Young Lyndon on his chest, with intention of causing injury, fear or annoyance to the said Koh Young Lyndon, and have thereby committed an offence punishable under section 352 of the Penal Code (Cap 224).

7th charge-MSC 411 of 2009 (Exhibit C7A)

You,

Masao Lim Zheng Xiong(D.O.B. 14/08/1983)

(NRIC: S83296950B)

Of 243A Joo Chiat Place, Singapore 437933

are charged that you, on or about 16 February 2007 at about 9.50pm to 10.10pm at Far East Plaza, 14 Scotts Road, Singapore, outside unit #03-120, did use abusive or insulting words on one Koh Young Lyndon, with intent to cause harassment, alarm or distress, to wit, by repeatedly shouting the word “Fucker” thereby causing the said Koh Young Lyndon to feel harassed, alarmed or distressed and you have thereby committed an offence punishable under section 13A of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184).

For the offences which formed the subject of the 6th and 7th charges, the complainant had initially sought redress by filing a Magistrate’s Complainant (“the Complaint) on 28 February 2007 under sections 128(1)(a) and 133 of the Criminal Procedure Code (“CPC”) (Cap 68). Upon filing of the Complaint, criminal mediation was held between the complainant and the respondent. This mediation was successfully concluded resulting in the respondent signing a written Apology and Undertaking dated 1 February 2008 (Exhibit P1). It should be noted that this Apology and Undertaking was signed by the respondent together with his parents under legal advice as he had legal representation then. At the point of signing the Apology and Undertaking, the respondent was 24 years old and of full legal age and capacity.

The Apology and Undertaking provided as follows: apology by the respondent for his acts on 16 February 2007 that formed the subject of 6th and 7th charges an undertaking by the respondent not to harass the complainant, his fiancée or the complainant’s employees payment of $4,000 as compensation to the complainant acknowledgement by respondent that he understood the contents of the Apology and Undertaking and an agreement on his part that in the event of non-compliance on his part, he consents to having the Apology and Undertaking produced in court as admission of guilt of the acts contained in the 6th and 7th charges.

However, the respondent did not comply with the Apology and Undertaking as he proceeded to commit more offences resulting in more charges being preferred against him. Despite having consented in the Apology and Undertaking to the admission of the offences in the 6th and 7th charges in the event of non-compliance, the respondent still claimed trial not only to the 1st to 5th charges but also the 6th and 7th charges as well.

At the end of the trial in which the respondent conducted his own defence, I convicted him of all seven charges and imposed the following sentences: 1st charge-MSC 405 of 2009 Fine of $2,000 with default period of 2 weeks’ imprisonment 2nd charge-MSC 406 of 2009 1 month’s imprisonment 3rd charge-MSC 407 of 2009 3 months’ imprisonment 4th charge-MSC 408 of 2009 $1,500 with default period of 1 week’s imprisonment 5th charge- MSC 409 of 2009 1 week’s imprisonment 6th charge-MSC 410 of 2009 $1,000 with default period of 1 week’s imprisonment 7th charge-MSC 411 of 2009 $1,500 with default period of 1 week’s imprisonment

Section 18 of the CPC provides that where a person is convicted and sentenced to imprisonment for at least 3 distinct offences, the court shall order that at least two of the imprisonment terms are to run consecutively. Being mindful of this provision, I ordered that the imprisonment terms of 2nd and 3rd charges are to run consecutively and the imprisonment term in the 5th charge is to run concurrent. Therefore, in total, the accused has to serve 4 months’ imprisonment and pay a fine of $6,000 with a default period of 5 weeks’imprisonment. Being dissatisfied, he is now appealing against both conviction and sentence.

The Prosecution’s case

The prosecution called 2 witnesses. They were the complainant (PW1) and his fiancée, Ms Rena Koh Shui Bin (PW2). Both PW1 and PW2 work in PW1’s clothing store located on the third floor of the Far East Plaza. All incidents occurred in, around or a short distance away from PW1’s clothing store. While making out the elements of the charges, the Prosecution referred to a number of contemporaneous documents to substantiate their case. These documents were marked as prosecution exhibits by the court.

PW1-Complainant Koh Young Lyndon

According to the complainant, for the period of 1997 to 2000, he provided sponsorship to the respondent for skateboarding apparels. When his store moved to the Orchard Road area, as rental of his store was high, he could no longer provide sponsorship. There was no contact between the complainant and the respondent from 2000 until 16 February 2007 which was the date of the first incident.

On the night of 16 February 2007 which was the eve of Chinese New Year, the complainant, PW2 and another employee named “Don” were busy attending to customers when the complainant saw the respondent and two others standing opposite his store making obscene finger gestures, shouting vulgarities and challenging the complainant to a fight. The group of three then walked to the entrance of his store. Upon seeing this, the complainant called the police. The respondent, while entering the store with a lighted cigarette in hand, repeatedly used the word “Fucker” directing this obscenity at the complainant. Then he proceeded to push the complainant. According to the complainant, he stumbled and fell. He testified that he felt very threatened,...