Micheal Anak Garing v Public Prosecutor and another appeal
Jurisdiction | Singapore |
Judge | Chao Hick Tin JA |
Judgment Date | 27 February 2017 |
Neutral Citation | [2017] SGCA 7 |
Plaintiff Counsel | Ramesh Tiwary (Ramesh Tiwary), Tng Soon Chye (Tng Soon Chye & Co) and Keith Lim Wei Ming (Quahe Woo & Palmer LLC) |
Date | 27 February 2017 |
Docket Number | Criminal Appeals Nos 9 and 11 of 2015 |
Hearing Date | 05 September 2016 |
Subject Matter | Murder,Appeals,Criminal Procedure and Sentencing,Sentencing,Criminal Law,Offences |
Published date | 07 March 2017 |
Defendant Counsel | Anandan Bala and Marcus Foo (Attorney-General's Chambers),Gill Amarick Singh (Amarick Gill LLC), Loo Khee Sheng (K S Loo & Co) and Justin Tan Jia Wei (Trident Law Corporation) |
Court | Court of Appeal (Singapore) |
Citation | [2017] SGCA 7 |
Year | 2017 |
Micheal Anak Garing (“MAG”) and Tony Anak Imba (“TAI”) were both tried in the High Court under s 300(
MAG and TAI, together with two other friends, Hairee Anak Landak (“HAL”) and Donny Anak Meluda (“DAM”) (collectively, “the Gang”), had set out from a friend’s house on the night of 29 May 2010 with a preconceived plan to commit robbery. One of them was armed with a deadly weapon, a
The High Court judge (“the Judge”) convicted both MAG and TAI of their respective murder charges (see
Criminal Appeal No 9 of 2015 (“CCA 9”) is MAG’s appeal against his conviction on the murder charge and the death penalty imposed on him. MAG contends that his conviction should be overturned; alternatively, if the conviction were ordered to stand, the matter should be remitted to the Judge to reconsider the sentence meted out as the Judge erred in principle in sentencing him to suffer the death penalty. Criminal Appeal No 11 of 2015 (“CCA 11”) is the Prosecution’s appeal against the Judge’s decision to sentence TAI to life imprisonment and 24 strokes of the cane. The Prosecution contends that the death penalty should similarly have been imposed on TAI. For completeness, we should mention that TAI initially filed Criminal Appeal No 24 of 2015 (“CCA 24”) against his conviction on the murder charge and his sentence, but subsequently withdrew this appeal.
Before we outline the background facts, we shall first deal with a preliminary issue that was brought up at the hearing of these appeals.
Preliminary issue: Relevance of the evidence relating to the first three attacksThe preliminary issue concerns the relevance and, in turn, the admissibility of the evidence relating to the first three attacks perpetrated by the Gang. Counsel for MAG, Mr Ramesh Tiwary (“Mr Tiwary”), submits that this evidence should not be admitted because it is prejudicial to both MAG and TAI.
At the trial, a similar objection was raised before the Judge. The Judge ruled that the evidence concerning the three earlier attacks was admissible because those attacks formed part of the “crucial narrative” leading up to the commission of the offence in respect of which MAG and TAI were being tried. The Judge further opined that while each of those three attacks could be seen as an isolated incident, together, they formed “an integral act pursuant to a common intention to assault and rob”. The prejudicial effect of the evidence thus did not outweigh its probative value (at [2] of the Judgment on Conviction).
In our view, the Judge was plainly correct in admitting the aforesaid evidence. It cannot be denied that this evidence was prejudicial to both MAG and TAI in that it disclosed the commission of offences which were violent in nature. However, in determining the admissibility of evidence, the purpose for which the evidence is sought to be admitted is vital (see
Section 6 of the Evidence Act (Cap 97, 1997 Rev Ed) provides that facts which are not in issue but which are nevertheless “so connected with a fact in issue as to form part of the same transaction” are relevant. A good illustration of this rule can be found in the case of
In our view, the reasoning in
That evidence is also relevant as regards the state of mind of MAG and TAI. Section 14 of the Evidence Act provides that facts showing “the existence of any state of mind”, including intention and knowledge, are relevant when the existence of such state of mind is in issue. Explanation 1 to s 14 makes it clear that the facts in question have to show that a state of mind exists “not generally but in reference to the particular matter in question”. In the present case, both MAG and TAI were charged with committing murder in furtherance of a common intention. The attacks on the three victims that preceded the attack on the deceased are therefore highly material to the question of their state of mind
For the above reasons, we agree with the Judge that the aforesaid evidence is admissible. With this preliminary issue disposed of, we turn to outline the material facts.
The material facts BackgroundMAG and TAI, who are now aged 28 and 38 respectively, are Malaysians from Sarawak. As earlier mentioned, HAL and DAM were the other members of the Gang. HAL, who was the Prosecution’s key witness in the court below, has already been convicted and sentenced for his role in the attacks. On 18 January 2013, he pleaded guilty to three charges of armed robbery with hurt, and was sentenced to 33 years’ imprisonment and 24 strokes of the cane. DAM, on the other hand, has only recently been arrested and charged for his role in the attacks.
The attacks Sometime on 29 May 2010, the Gang were drinking at the house of a friend named Shaman in Geylang Lor 12.1 At some point during the night, the Gang resolved to leave the house and commit robbery. MAG armed himself with a
After leaving Shaman’s house, the Gang walked for ten to fifteen minutes until they reached a playground near Block 44 Sims Drive. There, they robbed one Sandeep Singh (“SS”).3 TAI initiated the attack on SS and the rest soon joined in. At some point during the attack, TAI used a brick to hit SS on the head.4 The attack lasted some two to three...
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