Lim Hean Nerng v Lim Ee Choo

• Jurisdiction: Singapore
• Court: High Court (Singapore)
• Judge: Yong Pung How CJ
• Judgment Date: 12 May 1998
• Neutral Citation: [1998] SGHC 158
• Citation: [1998] SGHC 158
• Defendant Counsel: Tan Beng Swee (Netto Tan & S Magin)
• Published date: 19 September 2003
• Plaintiff Counsel: Ng Cher Yeow (Ng Cher Yeow & Partners)
• Date: 12 May 1998
• Docket Number: Criminal Revision No 6 of 1998
• Subject Matter: Whether findings of fact clearly against weight of evidence,Criminal Procedure and Sentencing,Whether harm so slight as not to constitute an offence,Sentencing,Whether serious injustice in the circumstances,Standard of proof,Whether sufficient to cast reasonable doubt,Existence of other possibilities for injury,Delay in making petition,Voluntarily causing hurt,s 95 Penal Code (Cap 224),Revision of proceedings,Petition essentially seeks reversal of findings of fact,Proof of evidence,Evidence

Judgment:

YONG PUNG HOW CJ

The petitioner was charged as follows:

You, Lim Hean Nerng, male (NRIC No S0022235/F) are charged that you, on 17 February 1997 at about 9.30am at No 44 Sungei Kadut Street 1, Singapore, did voluntarily cause hurt to one Lim Ee Choo, m/70 yrs, to wit, by punching him on the right side of the face, and you have thereby committed an offence punishable under s 323 of the Penal Code (Cap 224).

2.In the court below, the petitioner was convicted and fined $500, two week`s imprisonment in default of payment. The petitioner paid the fine. Subsequently the petitioner made a petition of criminal revision asking the court to exercise its power of revision under s 268 of the Criminal Procedure Code (Cap 68) to reverse the conviction. At the end of the hearing I dismissed the petition for the following reasons.

3. The respondent`s version of events

The respondent Mr Lim Ee Choo (the respondent), is the managing partner of Chye Lian Huat Sawmill Co (the company). On 17 February 1997 at about am, he was at the premises of the company at No 44 Sungei Kadut Street 1 (the premises). At the premises he saw that the workers were doing work for the petitioner. A dispute arose as to the use of the workers. According to the respondent, the petitioner raised his hand and punched him on the right side of the face. There was no witness to the punch. The respondent then went into his office and asked his clerk, Mr Chew Guan San to call for the police. The police arrived at about 9.40am. They found no visible sign of injury on the respondent. They advised the respondent that if he wanted to pursue the matter further, he had to seek medical treatment and subsequently register the case at the subordinate courts.

4.At about 2pm of the same day, the respondent went to the A & E Department of Toa Payoh Hospital. Dr Yeo Suan Aik (Dr Yeo) examined him. Dr Yeo found that there was no bruise over the right maxilla. There was however tenderness on touch over the right maxilla. In other words, the respondent felt pain on his right cheek upon touch. In his evidence, Dr Yeo verified that there was no clinical way to measure tenderness and that it depended on the patient`s response. He could not say for certain what caused the injury. He opined that it was possible for the injury to be caused by a punch, to be self-inflicted or faked. He stated that in cases where pretence was suspected, he would routinely lightly touch the skin and look for a hypersensitive response which was inconsistent to the injury where no physical bruise was seen. He stated that he did not observe any signs of pretence in the respondent`s case.

5.The respondent subsequently made a police report on 19 February 1997. On 18 June 1997, he made a complaint against the petitioner under s 133(1) of the Criminal Procedure Code, alleging that the petitioner punched him on the right side of his face.

6. The petitioner`s version of events

According to the petitioner, he had been appointed by five of the seven partners of the company to help in the management and repair work. On 17 February 1997 the petitioner went to the premises of the company and directed the...