Public Prosecutor v Admus Ang Cheng Xi

• Jurisdiction: Singapore
• Judge: Soh Tze Bian
• Judgment Date: 30 March 2010
• Neutral Citation: [2010] SGDC 138
• Court: District Court (Singapore)
• Year: 2010
• Citation: [2010] SGDC 138
• Plaintiff Counsel: Assistant Public Prosecutor, Puvaneswari
• Defendant Counsel: Defence counsel Kelvin Lim
• Published date: 21 April 2010

30 March 2010

District Judge Soh Tze Bian:

1 This is an appeal against sentence filed by the accused on 29 March 2010. The accused, male 18 years of age, pleaded guilty to a charge in DAC 40395/2009 that he, on 23rd July 2009, at or about 6.15pm, at the void deck of Blk 811 Jurong West St 81, Singapore, together with Wong Pi Rong, Cher Joo Liang, Meng Xuan De, Navin, and several other male Chinese persons, were members of an unlawful assembly, whose common object was to cause hurt to Ho Kuan Hui, Kenneth Yeo Zhong Jie, Lim Pei Guan, Ong Hock Chye, LJH, Shariffudin Bin Yayah, TJHJ, Tan Wei Xian, Chua Aaron, Tan Wen Xiong Reagan, Timothy Ong Weikang, CRJ and Lim Boon Hui, and in the prosecution of the said common object of such assembly, one or more of them had used violence by attacking the group of male Chinese from the said rival group. This was an offence punishable under section 147 of the Penal Code (Cap 224) with imprisonment for a term which may extend to 7 years and the offender shall also be liable to caning.

2 The accused also admitted to a charge in DAC 41431/2009 that he, on 23rd July 2009, at or about 6.15pm, at the void deck of Blk 811 Jurong West St 81, Singapore, together with Wong Pi Rong, Cher Joo Liang, Meng Xuan De, Navin, and several other male Chinese persons, were members of an unlawful assembly, whose common object was to cause hurt to Ho Kuan Hui, Kenneth Yeo Zhong Jie, Lim Pei Guan, Ong Hock Chye, LJH, Shariffudin Bin Yayah, TJHJ, Tan Wei Xian, Chua Aaron, Tan Wen Xiong Reagan, Timothy Ong Weikang, CRJ and Lim Boon Hui. This was an offence punishable under section 143 of the Penal Code (Cap 224) with imprisonment for a term which may extend to 2 years, or with fine, or with both. He consented to this charge been taken into consideration by this Court for the purpose of sentencing.

3 For the convicted charge in DAC 40395/2009 and taking into account the charge in DAC 41431/2009 for the purpose of sentencing, I sentenced the accused to undergo reformative training at a reformative training centre which would be for a period of not less than 18 months and not more than 3 years. The accused is presently serving his sentence.

Statement of Facts

4 The statement of facts, admitted by the accused without qualification, read as follows:

“The Parties involved

1 The accused is B17) Admus Ang Cheng Xi, M/18 years old, NRIC No SXXXXXXXB.

2 The informant is one Mr Kim.

3 The accused persons from the 'Pak Hai Tong' group are:-

B16) Wong Pi Rong, M/17 years old, NRIC No: SXXXXXXXE;

B19) Ng Chee Wei, M/20 years old, NRIC No: SXXXXXXXH. He is currently still at large;

B20) Navin Meng Xuan De, M/18 years old, NRIC No: SXXXXXXXE;

B21) Kwok Kum Fei, M/18 years old, NRIC No: SXXXXXXXA. He is currently still at large; and

B22) Cher Joo Liang, Male/36 years old, NRIC No: SXXXXXXXB.

B23) Ng Chee Wee, M/28 years old, NRIC No: SXXXXXXXE. He is currently at large.

4 The accused persons from the 'Sio Kun Tong' group are:-

B1) Ong Hock Chye, M/38 years old, NRIC No: SXXXXXXXJ. He is currently still at large.

B2) Shariffuddin Bin Yayah, M/18 years old, NRIC No: SXXXXXXXH;

B3) Tan Wei Xian, M/17 years old, NRIC No: SXXXXXXXG;

B4) TJHJ, M/15 years old, NRIC No: SXXXXXXXG.

B5) LJH, M/15 years old, NRIC No: SXXXXXXXA;

B6) CRJ, M/13 years old, NRIC No: SXXXXXXXB;

B7) Ong Weikang, Timothy, M/16 years old, NRIC No: SXXXXXXXB;

B8) Chua Aaron, M/16 years old, NRIC No: SXXXXXXXA;

B9) Kenneth Yeo Zhong Jie, M/17 years old, NRIC No: SXXXXXXXJ;

B10) Ho Kuan Hui, M /18 years old, NRIC No: SXXXXXXXB;

B11) Tan Wen Xiong, Reagan, M/17 years old, NRIC No: SXXXXXXXA;

B12) Lim Pei Guan, M/18 years old, NRIC No: SXXXXXXXB;

B13) Khoo Chong Hui, M/18 years old, NRIC No: SXXXXXXXZ;

B14) Lim Siew Lan, F/35 years old, NRIC No: SXXXXXXXC; and

B15) Lim Boon Hui, M/39 years old, NRIC No: SXXXXXXXC.

First Information Report

5 On 23 July 2009 at about 6.26pm, the informant called '999' and reported the following: 'There are 20 over guys fighting. Come now'.

Facts Pertaining to the Charge (DAC 40395/2009)

6 Investigations revealed that on 23 July 2009 at around 12 noon, B7 (who is from the 'Sio Kun Tong' group) had called up B16 (who is from the 'Pak Hai Tong' group) as he wanted to meet him to settle their differences. B16 then called up the Accused (B17) to inform him of the same, and they arranged to meet at Block 208 Boon Lay Place first before going for the 'settlement talk'.

7 When B16 and the Accused (B17) arrived at Block 208 Boon Lay Place, the other accused persons from the 'Pak Hai Tong' group, namely, B19, B20, B21 and B23, as well as several other male Chinese persons were already gathered there.

8 B16 was then instructed by an unknown male Chinese from the group to call up the 'Sio Kun Tong' group to find out where they were. B16 was informed that the members of the ‘Sio Kun Tong' group (including B7) were at Block 812 Jurong West Street 81, Singapore. As such, both groups agreed to meet up at the basketball court at Blk 812 Jurong West St 81, Singapore to settle their differences.

9 Once the arrangements were confirmed, the accused persons from the 'Pak Hai Tong' group moved off to the abovementioned location. At this juncture, B22 arrived at Block 208 Boon Lay Place driving a lorry bearing registration plate number YM 3014B. The Accused (B17), together with some other male Chinese persons, then boarded the lorry, and B22 was told to drive to Block 812 Jurong West Street 81. The group who had boarded the lorry was armed with weapons, to wit, knives, wood, metal rods and umbrellas.

10 B22 drove the lorry to the void deck of Block 811 Jurong West Street 81, Singapore, arriving at or about 6.15 p.m. The passengers who had boarded the lorry then alighted and proceeded to meet up with the other members of the group, who rode to the location on motorcycles.

11 The accused persons from the 'Pak Hai Tong' group then approached the accused persons from the 'Sio Kun Tong' group who were waiting there.

12 A few minutes later, the accused persons from the 'Pak Hai Tong' group ran back to the lorry and boarded the lorry. They then asked B22 to drive off, and he did so.

13. Investigation later revealed that B1, B2, B3, B4 and B5 (who were from the 'Sio Kun Tong' group) had been attacked at the scene by the accused persons from the 'Pak Hai Tong' group. [The 3 medical reports of B2, B4 and B5 are as follows:

(i) Medical Report dated 1 September 2009 on B2

“The above 18 years old Malay male was admitted under the care of Dr Thambiah Shanthakumar J.P, Consultant Othopaedic Surgeon, on 23/7/09.

He was involved in an assault and claimed he was struck by a parang on his right elbow on 23/7/09.

He was admitted with a right open, comminuted fracture and dislocation of his proximal ulna and underwent debridement, washout and fixation of his fracture under general anesthesia on 24/7/09.

He was discharged on 27/7/09 on oral antibiotics and is due to be reviewed in Trauma Orthopaedic Outpatient Department shortly.”

(ii) Medical Report dated 3 September 2009 on B4

“[B4] was brought to Emergency Department, National University Hospital on 23.07.2009 after being assaulted with a knife.

He sustained 8 cm laceration over scalp, 5cm laceration over let elbow, 3 cm laceration over right shoulder, 5cm deep laceration over right forearm partially cutting through underlying muscles, partial amputation of right little finger, complete amputation of left little finger and superficial lacerations over the back. X-rays of left and right hands showed left little finger amputation and fracture of right little finger. He underwent emergency surgery to repair all these injuries including replantation of left little finger on 23.07.2009.

After surgery he was observed in surgical high dependency ward for 1 day and subsequently transferred to general ward. He was treated with antibiotics and pain killers. CT Brain done one day after surgery showed fracture of bone over the left side of head which was managed conservatively. He recovered well in general ward. He was discharged from hospital on 28.07.2009 with outpatient general surgery and hand and reconstruction microsurgery appointments.

He was seen in general surgery outpatient clinic on 17.08.2009 and was discharged from clinic as he recovered well from general surgery injuries. He is still attending hand and reconstruction microsurgery outpatient clinic for his other injuries.

(iii) Medical Report dated 1 September 2009 on B5

“[B5] was admitted under the care of Prof Hui Hoi Po James, Consultant Orthopaedic Surgeon on 23/7/09.

He had been injured during an assault where he claimed he was struck by parang.

He had sustained lacerations over his left hand, right elbow, two lacerations to left leg and laceration to back of right side of head. The laceration to his left lower leg were associated with 2 x unicortical fractures of the left tibia.

He underwent debridement of wounds under general anesthesia on24/7/09 and was mobilized on crutches.

He was discharged on 26/7/09 on oral antibiotics for 5 days and to be reviewed in Pediatrics Orthopaedic Outpatient Department in 2 weeks.”]

14 The accused Admus Ang Cheng Xi (B17), together with the co-accused persons B16, B19, B20, B21, B22 and B23, and some other unknown male Chinese persons, were thus members of an unlawful assembly whose common object was to cause hurt to the accused persons from the 'Sio Kun Tong' group, and in the prosecution of the said common object of such assembly, one or more of them had used violence by attacking the said rival group, and he has thereby committed an offence punishable under Section 147 of the Penal Code, Chapter 224. The accused has admitted to the offence, and is charged accordingly. “(emphasis mine)

Mitigation

5 The defence counsel for the accused had in his mitigation urged the Court to call for a pre-sentence report to assess the accused’s suitability for probation based on the following grounds:

(i) The accused...