Public Prosecutor v Chot Saik Kam

• Jurisdiction: Singapore
• Judge: Punch Coomaraswamy J
• Judgment Date: 27 August 1990
• Neutral Citation: [1990] SGHC 56
• Docket Number: Criminal Case No 7 of 1989
• Date: 27 August 1990
• Year: 1990
• Published date: 19 September 2003
• Plaintiff Counsel: Ismail Hamid (Dy Senior State Counsel)
• Citation: [1990] SGHC 56
• Defendant Counsel: Peter Fernando (Leo Fernando)
• Court: High Court (Singapore)
• Subject Matter: Totality of sentences,s 304 Penal Code (Cap 224),Offences,Accused's abnormality of mind,Scope of s 308 of Penal Code,s 304 States of mind required under,'Another',Principles,s 71 Penal Code (Cap 224),ss 304 & 308 Penal Code (Cap 224),Diminished responsibility,Words and Phrases,Special exceptions,Culpable homicide,Criminal Law,Attempt to commit culpable homicide,Accused suffering from depression,Whether accused had state of mind to commit murder,Consecutive sentences,Sentencing,s 71 Penal Code (Cap 224)illustrations (a) & (b),Criminal Procedure and Sentencing

On 30 July 1990, on his pleas of guilty, I sentenced the accused, Chot Saik Kam, to ten years` imprisonment and six strokes of the cane on an amended first charge and three years` imprisonment on an amended second charge. I ordered the terms of imprisonment to run consecutively from the date of arrest, ie 24 January 1988. The accused now appeals against the sentences. The accused was represented by counsel.

The amended first charge reads:

You, Chot Saik Kam, are charged that on or about 24 January 1988 at about 9.20pm at Blk 341 Jurong East Ave 1 #04-1508, Singapore, committed culpable homicide not amounting to murder by causing the death of one Poon Yit Fong, and you have thereby committed an offence punishable under s 304(a) of the Penal Code (Cap 224).

The amended second charge reads:

You, Chot Saik Kam, are charged that on or about 24 January 1988, at about 9.20pm at Blk 341 Jurong East Ave 1 #04-1508, Singapore, did an act, namely, by using a knife to repeatedly stab one Cheong Siew Foong, with such intention and under such circumstances that if by that act you had caused the death of the said Cheong Siew Foong, you would have been guilty of culpable homicide not amounting to murder, and you have thereby committed an offence punishable under s 308 of the Penal Code (Cap 224).

Facts

The deceased (Poon) was 30 years old, a female Malaysian. She was a waitress. The victim (Cheong), aged 23, was also a waitress and a female Malaysian. They were room-mates and worked at the same restaurant.

The accused is a male Malaysian, aged 27. He worked as a machine operator. He rented one of the rooms in the flat where Poon and Cheong were staying.

Poon and Cheong were watching a Chinese video film in their room. Cheong overheard the sound of the main door of the flat being opened. The television set in the hall was switched on and the volume was very loud. Poon was irritated by the loudness and went to the hall. If it was the accused who had come home, she had a message to pass him to call a Francis Tan, the employer at the restaurant she worked.

Cheong could not hear what was spoken in the hall between Poon and the accused even though the door of the room was not closed. Poon came back to the room and asked Cheong to write down the telephone number of their restaurant. With that, Poon left the room.

Poon came back to continue watching the video film. She complained to Cheong that the accused did not heed her advice to reduce the volume of the television set.

Later, the accused shouted for Poon. She answered. The door was flung open and the accused, clad in his underwear, holding a knife in his right hand was there. Poon and Cheong became hysterical and screamed. The accused attacked Poon and Cheong in turn with the knife.

Poon ran out of the room when Cheong was attacked. The accused then stopped and also ran out of the room. When Cheong followed, the accused was in the hall. When he went for her again, Cheong returned to the room and locked herself up. She nursed her wounds while in the room.

Cheong shouted for help. She then heard the main door being slammed. After some time, she decided to open the door of the room to seek help. When she came out, she saw Poon lying in a pool of blood. She slipped and fell. Lying near Poon`s head, she saw a long knife which was one of the two knives kept in the kitchen of the flat. She managed to leave the flat and approached a neighbour who called the police.

Cheong sustained three stabs wounds on her shoulder, chest and back. Her skull was fractured. She also had superficial incisions on her index finger, forearm and thumb. There was a 6cm incision on her right armpit. This wound required surgery lasting nearly five hours. She still had `persistent right wrist drop, positive pointing finger sign and hand anaesthesia; requiring long-term management`.

Poon suffered multiple injuries on her body. She died from massive haemorrhage due to an incised wound of the neck.

According to a government psychiatrist, the accused was suffering from depression at the time of the offences. This condition did not amount to unsoundness of mind. It was an abnormality of mind which had substantially impaired his mental responsibilities for his acts and omissions in causing the death of Poon.

The accused was found fit to stand trial and to plead to the charges. He pleaded guilty to both amended charges. He admitted the facts as stated by the learned deputy public prosecutor. He understood the nature and consequences of his pleas of guilty. I accordingly convicted him of the charges he faced. The accused had no previous conviction.

Mitigation

A Malaysian, the accused came to Singapore on a work permit. On the day of his offences, the accused visited an amusement park where he consumed some beer. He went back to the flat where Poon and Cheong also stayed.

Counsel for the accused related the circumstances leading to the commission of the offences, in particular Poon`s remark `if you had no money, why rent the room` provoked him. He was arrested while seated on the parapet wall with his feet dangling outside. This was on the 12th floor of the...