Lim Boon Han Anthony v Public Prosecutor

• Judge: Tan Puay Boon
• Judgment Date: 15 January 2001
• Neutral Citation: [2001] SGDC 11
• Citation: [2001] SGDC 11
• Published date: 19 April 2005
• Court: District Court (Singapore)

Lim Boon Han Anthony ...appellant

v

Public Prosecutor ...respondent

Citation:	MA No 364 of 2000/01-02; DAC No 28639 of 2000, DAC No 4509 of 2000
Jurisdiction:	Singapore
Date:	2001:01:15
	2000:12:06
Court:	Subordinate Courts
Coram:	Tan Puay Boon, District Judge
Counsel:	Ms Stephanie Wong (DPP) for the prosecution
	Mr Lim Soon Keong (Yeo Perumal Mohideen) for the accused

JUDGMENT:

Grounds of Decision

THE APPEAL

1 The accused pleaded guilty to the following charges -

... you, on or about the 20th day of July 1999 at or about 1.00 pm, at Bishan Construction Industry Training Institute, Braddell Road, Singapore, together with Lim Boon Chuan and Lim Kim Seng and in furtherance of a common intention of you all, did voluntarily caused grievous hurt to one Tan Li Beng Cedric, to wit, causing a traumatic crack fracture of the base of the 5th proximal phalanx of the little finger of the said Tan Li Beng Cedric's left hand, and you have thereby committed an offence punishable under Section 325 r/w Section 34 of the Penal Code, Chapter 224.

[Exh P1]

and

... you, on the 20th day of July 1999 at about 1.00 pm, along Braddell Road, Singapore together with one Lim Boon Chuan and Lim Kim Seng and in furtherance of a common intention of you all, did voluntarily caused hurt to one Lim Khim Heap, to wit, by kicking and punching him, and you have thereby committed an offence punishable under Section 323 read with Section 34 of the Penal Code, Chapter 224.

[Exh P2]

2 He was convicted and sentenced to a term of imprisonment of 8 months and 3 strokes of the cane for the offence in the charge P1, and a term of imprisonment of 3 months for the offence in the charge P2, with both terms of imprisonment to run concurrently.

3 Both the accused and the prosecution have appealed against sentence. The accused is currently on bail.

THE FACTS

4 The facts of the case, as set out in the Agreed Statement of Facts (Incorporated) [Exh P3], are as follows -

...

5 Investigations revealed that on 20 Jul 99 at about 10 plus in the morning, the accused received a page from Lim Boon Chuan Eric, he told the accused that he was being beaten up by his schoolmate.

6 On the same day, the accused, Lim Boon Chuan Eric and Lim Kim Seng then arranged to meet at Lim Kim Seng's house. They then decided to confront victim V1 (Tan Li Beng Cedric) at Bishan Construction Industry Training Institute (CITI). At Bishan CITI, Lim Boon Chuan Eric and Lim Kim Seng went into the school to look for victim V1. Subsequently they brought victim V1 and victim V2 (Lim Khim Heap) to the gate of Bishan CITI where victim V1 was assaulted V1 was assaulted by the accused with a wooden stick. Lim Kim Seng has earlier asked the accused to collect a wooden stick. Victim V1 used his left hand to block the blow and thereafter managed to run back into the school compound. The accused, Lim Boon Chuan Eric and Lim Kim Seng then chased victim V2. The accused managed to catch up with victim V2 first and fisted him once on his face. Subsequently the accused, Lim Boon Chuan Eric and Lim Kim Seng then assaulted victim V2.

7 Victim V1's medical report put up by Dr Lee Shu Jin of Tan Tock Seng Hospital stated that the victim sustained traumatic crack fracture of the base of the 5^th proximal phalanx of the little finger.

8 Victim V2's medical report put up by Dr Seow Chuen Chai, Dennis of Tan Tock Seng Hospital stated that clinical examination showed a Glassgow Coma Scale of 15. There was a right sided parietal cephalohaematoma with no fracture fragment beneath. Bruises and abrasions were noted over the forehead and maxilla. The facial bones were intact. The nostrils were clear with no bleeding and the nose bridge was not deviated or swollen.

THE ANTECEDENTS OF THE ACCUSED

5 The accused had a number of antecedents. On 3 April 1993, the accused was put on probation of 18 months after he was convicted on a charge of robbery under s 392 of the Penal Code (Cap 224). On 19 March 1994, he was sentenced to reformative training for breaching the requirements of his probation order. Seven charges for the offence of robbery under s 392, and one charge for the offence of attempted robbery under s 392 read with s 511 of the Penal Code were taken into consideration.

6 On 11 June 1993, he was placed under inhalant supervision after being convicted of an offence for misuse of...