Public Prosecutor v Liu Wing Sing

• Jurisdiction: Singapore
• Judge: Soh Tze Bian
• Judgment Date: 21 July 2010
• Neutral Citation: [2010] SGDC 307
• Court: District Court (Singapore)
• Docket Number: DAC 27940/2009 & Ors
• Year: 2010
• Published date: 15 July 2011
• Hearing Date: 27 August 2009,24 February 2010,28 September 2009,23 October 2009,11 January 2010,13 November 2009,23 November 2009
• Plaintiff Counsel: Assistant Public Prosecutor, Kalidass Murugaiyan
• Defendant Counsel: Mervyn Tan (Mervyn Tan & Co)
• Citation: [2010] SGDC 307

District Judge Soh Tze Bian: The Charge and Sentence

The accused, male/20 years, pleaded guilty before me to 3 charges as follows: In DAC 27940/2009, the accused had, on the 3rd day of January 2009, at or about 1.22 a.m. at the pavement beside Furama Shopping Centre, Havelock Square, Singapore, together with Kan Zhan Peng, m/19 yrs, Lee Chang Feng, m/21 yrs and Leong Wei Jun, m/20 yrs, in furtherance of the common intention of all of them, voluntarily caused hurt to Ou Wen Han, m/18 yrs, by punching the said Ou Wen Han. This was an offence punishable under Section 323 read section 34 of the Penal Code (Cap 224) with imprisonment for a term which may extend to 2 years, or with a fine which may extend to $5,000, or with both. In DAC 27941/2009, the accused had, on the 3rd day of January 2009, at or about 1.22 a.m. at the pavement beside Furama Shopping Centre, Havelock Square, Singapore, together with Kan Zhan Peng, m/19 yrs, Lee Chang Feng, m/21 yrs and Leong Wei Jun, m/20 yrs, in furtherance of the common intention of all of them, voluntarily caused hurt to Ou Wen Han, m/18 yrs, by hitting the head of the said Ou Wen Han with a beer bottle. This was an offence punishable under section 324 read with section 34 of the Penal Code (Cap 224) with imprisonment for a term which may extend to 5 years, or with fine, or with caning, or with any two of such punishments In DAC 27942/2009, the accused had, on the 3rd day of January 2009, at or about 1.22 a.m. at the open car-park of People's Park Centre, Havelock Square, Singapore, together with Kan Zhan Peng, m/19 yrs, Lee Chang Feng, m/21 yrs and Leong Wei Jun, m/20 yrs, in furtherance of the common intention of all of them, voluntarily caused grievous hurt to one Siah Wui Xiang, m/18 yrs, to wit, a fractured skull. This was an offence punishable under section 325 read with section 34 of the Penal Code (Cap 224) with imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning.

The accused also admitted to a charge in DAC 27939/2009, that the accused had, on the 3rd day of January 2009, at or about 1.22 a.m. at the pavement beside Furama Shopping Centre, Havelock Square, Singapore, together with Kan Zhan Peng, m/19 yrs, Lee Chang Feng, m/21 yrs and Leong Wei Jun, m/20 yrs, in furtherance of the common intention of all of them, voluntarily caused hurt to Ng Jin Kai, m/18 yrs, by punching the said Ng Jin Kai. This was an offence punishable under Section 323 read section 34 of the Penal Code (Cap 224) with imprisonment for a term which may extend to 2 years, or with a fine which may extend to $5,000, or with both.

In respect of the 3 proceeded charges in DAC 27940/2009, DAC 27941/2009 and DAC 27942/2009, 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

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

“COMPLAINANT

The Complainant is one Ng Jin Kai, m/18 years old, bearing NRIC No SXXXXXXXH. He is unemployed.

VICTIMS

2 The victims are:- a) Ou Wen Han, m/18 years old, NRIC No SXXXXXXXA; b) Siah Wui Xiang, m/l8 years old, NRIC No SXXXXXXXG (Deceased); and c) GKS, m/14 years old, NRIC No SXXXXXXXF.

ACCUSED PERSONS

3 The accused persons are:- Bl) Leong Wei Jun, Joshua, m/20, NRIC No SXXXXXXXH; B2) Kan Zhan Peng, m/19, NRIC No SXXXXXXXH; B3) Liu Wing Sing, m/20, Passport No. HA XXXXXXX(HK National)

ACCOMPLICE

4 The accomplice is:- B4) Lee Chan Feng, m/21, NRIC No. SXXXXXXXF

FIRST INFORMATION REPORT

5 On 3 January 2009 at about 1.22am, the complainant called the Police and reported that "A bunch of 5 Chinese youngsters wearing light colour shirt snatch my friend and run. They run towards opposite subordinate court direction ". 6 The police who attended to the matter found the deceased at the open air car park in the vicinity of the People's Park Centre. The deceased appeared dazed, in a state of shock and was also found with abrasions on his left leg. The deceased was conveyed to the Singapore General Hospital by ambulance. He was accompanied by the complainant and the 2 other victims.

MEDICAL REPORT OF OU WEN HAN (MR 08034/2009)

7 The victim Ou Wen Han sought medical treatment at the Department of Emergency Medicine, Singapore General Hospital on the same day at 5.25am. Upon medical examination, there was tenderness and contusions detected over his right temporal scalp and right cheek. He was treated as an outpatient and discharged.

INJURIES INFLICTED ON THE COMPLAINANT NG JIN KAI

8 The complainant suffered bruises on his left index finger, left upper arm, mouth and ears but did not seek medical treatment,

INVESTIGATIONS

9 Investigation revealed that on 2 January 2009 at about 10.45 pm, the complainant, deceased and the victims Ou and Goh who are known to each other, arrived at Chinatown for a stroll and to do some-window shopping. At around midnight, they had supper at a coffee-shop along Pagoda Street. On 3 January 2009 at about 12.15 am, they decided to go home by bus and walked towards the bus stop located at Central Mall, Havelock Square. 10 Sometime past 1.00 am, they walked along the pavement in front of a 'Bee Cheng Hiang' outlet off New Bridge Road. As they were walking past the said outlet, they saw B1, B2, B3 and B4 seated at the wooden bench in front of the said outlet. After the complainant, deceased and the 2 victims crossed the road at the junction of Upper Cross Street, the complainant shouted vulgarities at B1, B2, B3 and B4 as he felt that they had stared at him and the victims. Offended by this, the 4 accused persons decided to confront the victims and pursued them.

Facts relating to DAC 27931/2009 and 27932/2009

11 B1, B2, B3 and B4 set off by trailing the complainant, deceased and the 2 victims on the opposite side of the road. Just after Chinatown Point, the 4 accused persons crossed the road via the overhead bridge and caught up with the victims at the pavement beside Furama Shopping Centre. 12 In the meantime, B2 was fighting with Ou. Ou pushed B2 away but was attacked and repeatedly punched by B2, In the midst of the fight, B4 went to a nearby coffee-shop which was closed and armed himself with an empty beer bottle. He then returned to the scene and used the beer bottle and hit Ou on the head with the said bottle. After the attack, Ou went sought medical treatment at the Singapore General Hospital. He reported to the attending medical officer that he was hit with fists and empty bottles over the face, head and neck. He was found to have tenderness and signs of contusion over the right side of his head and face. He was issued with medical leave from 3 January 2009 to 4 January 2009. (MR 8034/2009 dated 19 October 2009 refers).

Facts relating to DAC 27933/2009

13 In the midst of the fight, Siah Wui Xiang (deceased) ran away but was pursued by B1. B1 managed to catch up with the deceased near the open car-park next to Furama Hotel and both of them fought with their bare hands. B1 managed to subdue the deceased by grabbing the deceased's neck. B3 on seeing this joined B1. B1 and B3 then accosted the deceased at the pavement beside the taxi-stand next to People's Park Centre. Both of them told the deceased to sit down and the deceased complied by sitting down on the road kerb facing B1 and B3. Shortly, B2 and B4 arrived and joined B1 and B3. B4 had armed himself with a rectangular aluminium frame he picked up from a motor vehicle which was parked nearby. The 4 accused persons then started questioning the deceased over the alleged staring incident and the vulgarities that had been used by Ng. 14 B2 slapped the deceased a few times asking why the dispute broke out. When the deceased who was sitting down tried to get up, B2 used his right foot and kicked the deceased's face causing the deceased to fall backwards. The deceased's head hit the cemented kerb. The moment the deceased fell backwards there was a 'thud' sound and he lay still on the ground for a few moments looking dazed. The 4 accused persons then left the victim there and fled from the scene. They agreed among themselves to keep mum about the incident as they were afraid that they might get caught. 15 Further investigations revealed that when the deceased and Goh were nowhere to be seen, the complainant and Ou started to look for them. Complainant and Ou subsequently found the deceased sitting at the cemented pavement opposite the taxi stand looking dazed. Later on, the deceased revealed to Ou that he had been chased by the assailants with a metal pole and that he had blacked out at one point. The deceased who was feeling unwell and nauseous was not able to say more.

MEDICAL REPORT OF THE DECEASED MR 1855/2009

16 The deceased was attended to at the Singapore General Hospital soon after the attack. He had complained of giddiness, vomiting and headache. A tomographic scan of his head revealed depressed fractures of the bilateral parietal bones with associated extra-dural haemorrhage and a thin right frontal acute subdural haemorrhage. He was diagnosed to have a severe head injury. He soon developed drowsiness and left-sided weakness. An urgent scan showed significant development of a right frontal parenchymal haemorrhage, right frontal subdural haemorrhage and extraventricular haemorrhage. A significant right midline shift was also observed. Despite intervention and maximal medical support the deceased did not recover and passed away on 7 January 2009 at 5.11 am....