Ong Hwee Leong v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Yong Pung How CJ
• Judgment Date: 02 March 1992
• Neutral Citation: [1992] SGHC 49
• Citation: [1992] SGHC 49
• Date: 02 March 1992
• Year: 1992
• Plaintiff Counsel: Henry Hoe (Henry Hoe & Co)
• Docket Number: Magistrate's Appeal No 402 of 1991
• Defendant Counsel: Jennifer Marie (Deputy Public Prosecutor)
• Court: High Court (Singapore)
• Published date: 19 September 2003

This was an appeal against sentence only. The appellant pleaded guilty on 4 December 1991 before a district court to an offence of voluntarily causing hurt punishable under s 323 of the Penal Code (Cap 224) (`the Code`), as a result of which he was sentenced to one week`s imprisonment.

On 26 September 1991 at about 8.50pm, both the appellant aged 26 years and the victim aged 51 years were driving their respective vans along Upper Thomson Road. While driving behind the victim`s van, the appellant switched on the headlights of his van to high beam. This irritated the victim who then allowed the appellant to overtake him, and in turn switched on his headlights to highbeam to irritate the appellant. Subsequently, when both parties stopped at the traffic lights, the appellant alighted from his van and confronted the victim. During the ensuing dispute, he fisted the victim on the right cheek. The victim suffered a swelling over the right malar area and was given medical leave for one day.

The appellant pleaded guilty to the following charge:

That you, on or about 26 September 1991 at about 8.50pm, along Yishun Ring Road near to the pedestrian crossing of Block 103 Yishun Ring Road, Singapore, did voluntarily cause hurt to one Latiff s/o Abdul Kader, to wit, by fisting his face, and you have thereby committed an offence punishable under s 323 of the Penal Code (Cap 224).

Although the appellant declined to say anything in mitigation, the district judge took into account the fact that he was a first offender. He could not ignore the fact, however, that the appellant had assaulted a man twice...