Public Prosecutor v Muhammad Edzuan Bin Khalid

• Jurisdiction: Singapore
• Judge: James Leong Kiu Yiu
• Judgment Date: 15 August 2008
• Neutral Citation: [2008] SGDC 234
• Court: District Court (Singapore)
• Published date: 08 September 2008
• Year: 2008
• Plaintiff Counsel: Assistant Public Prosecutors Tan Yanying and Marian Lee
• Defendant Counsel: Defence Counsel Ismail Hamid and Zaminder Singh Gill (Ismail Hamid & Co)
• Citation: [2008] SGDC 234

15 August 2008

District Judge James Leong:

Introduction

1. The accused, aged 17, was convicted and sentenced by me on one count of voluntarily causing hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which used as a weapon of offence, is likely to cause death under Section 324 of the Penal Code (Cap 224) read with Section 34 of the Penal Code. Two other similar charges were also taken into consideration for the purposes of sentencing. I imposed reformative training on the accused, who now appeals against my sentence. Both the accused and the co-accused were represented by the same defence counsel. The PG Mentions and sentencing hearings were heard together. I was of course fully conscious of the need to and did consider each of the cases separately on their merits.

The Charge

2. The charge against the accused read as follows:

“You,
MUHAMMAD EDZUAN BIN KHALID
MALE / 17 YEARS
NRlC NO.: S9023309B
D.O.B.: 06-07-1990

are charged, that you on 29 August 2007 at about 3.50pm, in the vicinity of Blk 628 Pasir Ris Drive 6 Singapore, together with Muhammad Bahri Anwar bin Mohamed (male / 17 years), one male Malay subject known as 'Wah' and 2 other unknown male Malay subjects and in furtherance of the common intention of you all, did voluntarily cause hurt to one A1 (male / 16 years) to wit, by slashing the said A1 with a knife, which is an instrument, which used as a weapon of offence is likely to cause death, and you have thereby committed an offence punishable under section 324 read with section 34 of the Penal Code, Chapter 224.”

The facts

3. The statement of facts admitted by the accused read as follows:

“1. The complainant is an anonymous female caller.

2. The witness is W1, male / 15 years. He is a student of xx Secondary School.

3. The victims are as follows:

3.1 Al. Male/ 16 years. He is a student of xx Secondary School.

3.2 A2, male / 14 years. He is a student of xx Secondary School.

3.3 A3, male/ 16 years. He is a student of xx Secondary School.

4. The accused is Muhammad Edzuan Bin Khalid, male/ 17 years. NRIC No.: S9033309-B, residing at Blk 633 Pasir Ris Drive 3 #01-412 Singapore.

5. The accomplices are as follows:

5.1 B1- Muhammad Bahri Anuar Bin Mohamed, male/ 17 years, NRIC No.: S903393 1-A, residing at Blk 76 1 Pasir Ris Street 71 #06-210 Singapore.

5.2 one (1) male Malay subject known as 'Wah'

5.3 two (2) other unknown male Malay subjects.

6. On 29 August 2007 at about 3.50pm. The complainant called "999" and reported a case of 'A group of about 5 Chinese students are fighting and one of them is armed with a knife. They had run towards the carpark direction. They are wearing outside clothes.' The incident location given was Blk 636 Pasir Ris Drive 3 Singapore.

7. Investigations revealed that on 29 August 2007 at about l.30pm. A3, W1 and their schoolmates went Mac Donald's restaurant at Elias Mall for lunch after school. While they were eating inside the restaurant, they noticed the accused and one male Malay subject who was with him, staring at them. However, they ignored the stares and continued eating.

8. Shortly after their meal, A3, W1 and their schoolmates proceeded to a nearby staircase at the mall for a rest. Whilst resting, the accused approached A3 and questioned him as to why he was staring at him earlier inside Mac Donald's restaurant. A3 denied doing so. The accused then requested that A3 followed him to his place which is the block opposite Mac Donald's restaurant at Blk 633 Pasir Ris Drive 3 to settle the matter. to which A3 agreed.

9. On the way to the accused's house, A3 called Al and A2 and informed them that he was having some problems with a group of Malays over a staring incident. A3 further informed them to meet him at the accused's place ie. Blk 633 Pasir Ris Drive 3.

10. Upon reaching the accused's place, the accused went into his unit while A3 waited outside for him. Whilst inside his unit, the accused called his friend, one male Malay subject known as 'Wah' and informed him of his dispute with A3. 'Wah' then told the accused that he was coming over to look for him at his place and told the accused to wait for him.

11. At the same time. Al and A2 met up with A3 outside the accused's unit and waited with him for the accused. Shortly after when 'Wah' had arrived, the accused took a knife from his kitchen and tucked it under his shirt. The accused and 'Wah' then told the victims (ie. Al, A2 and A3) and witness (ie. W1) to follow them to rubbish chute located at Blk 628 Pasir Ris Drive 6.

12. At about 3.30pm on the same day, while on the way to the said rubbish chute, the accused called B1-Muhammad Bahri on his mobile phone and informed him of the dispute. B1-Muhammad Bahri who was at home at that material time, agreed to meet up with him for the settlement talk with the victims. B1-Muhammad Bahri then took a knife from his kitchen and tucked it inside his jeans before proceeding down to meet the accused.

13. Upon arriving at the rubbish chute, the accused and 'Wah' were joined by two (2) other unknown male Malay subjects. The foursome then started confronting Al and A3 as to why they were earlier staring at the accused inside Mac Donald's restaurant and which secret society gang they were members of. B1-Muhammad Bahri arrived shortly and joined the accused and his alliance.

14. A few minutes into the heated exchange at about 3.50pm, one of the unknown accomplices suddenly took out a knife and slashed at Al head. At this juncture, the accused and the remaining accomplices each took out their knife and started to slash at A1 and A3.

15. The accused then punched Al in the face causing him to fall backwards onto the ground. The accused then jumped on top of Al and started to punch him on his face and body. The accused also kicked Al several times. At one point during the assault. Al who was lying on the ground, grabbed onto the accused's leg. The accused, who was struggling to free his leg at that point, whipped out a knife from his pocket and slashed at the rear of Al head and back.

16. When A2, who was standing a distance away with W1 during the settlement talk, saw that Al was being attacked by the accused, he rushed over to Al in a bid to save his friend. However, one of the unknown accomplices charged at A2 and swung his knife at him. A2 reacted by raising his left hand to block off the attack and as a result, he sustained two (2) slash wounds to his left forearm and hand from the assault.

17. During the melee, A3 was slashed on the left arm by B1-Muhammad Bahri who was armed with a knife. When A3 tried to escape, B1-Muhammad Bahri chased after him. B 1 -Muhammad Bahri managed to catch up with A3 and slashed him with the knife over his back.

18. A2 and A3 managed to escape from their attackers and ran off to a nearby block. W1 who witnessed the whole incident from a distance also ran off with the duo, leaving Al who was still lying on the ground. The trio then hid on the second floor of the said block and called for an ambulance.

19. The accused and the accomplices then fled the scene before police's arrival.

20. Upon police's arrival, Al, A2 and A3 were conveyed to the Changi General Hospital (CGH) to seek medical attention.

21. On 17 December 2007, Dr Goh Min Liong of CGH issued a medical report which certified that the examination of Al revealed the following injuries:

2.1 Three (3) lacerations (cuts) over the scalp measuring approximately10cm each. Two of the lacerations were deep and extended down to the skull.

2.2 10 cm laceration over the back, extending to the muscle layer.

22. In the course of investigations, the police did not recover any weapons which were used in the assault by the accused and the accomplices.

23. The accused together with the accomplices and in furtherance of the common intention of them all, did voluntarily cause hurt to A1 by slashing him with a knife, which is an instrument which used as a weapon of offence, is likely to cause death.

24. The accused is charged accordingly. B1-Muhammad Bahri will be dealt with separately. 'Wah' and the other two (2) unknown accomplices are still at large.”

Mitigation

4. A written mitigation was tendered, urging the court to grant probation. This highlighted, inter-alia, his hitherto clean record, his status as a student who had completed his ‘N’ levels and his desire to further his studies at ITE, his family background, co-operation with the police and deep remorse. It also enclosed a Police Report made by the accused’s mother to support the contention that “… the rival group was far superior in numbers and they were the aggressive ones…” with the “… temerity to confront…” the accused in his flat.

5. In oral mitigation before me, counsel for the accused urged the court to call for pre-sentence reports for probation and reformative training. Counsel for the accused also reiterated the fact that the 3 offences arose from the same transaction and the most seriously injured victim who was admitted to hospital for 3 days had now recovered.

Prosecution’s Submissions

6. The Learned Assistant Public Prosecutor objected to probation. She argued that the mother’s police report was hearsay and should not be given much weight. She pointed out that there was no evidence that the victims had provoked the accused or were the aggressive ones. Both groups were also equal in size according to the Statement of Facts. Furthermore, it was the accused who asked the victims to go to his flat.

Reports Called

7. Notwithstanding the serious nature of the offence, I called for pre-sentence reports for both probation and reformative training given the accused’s lack of antecedents and relative youth. Both reports were favourable. The initial probation report recommended that the accused be placed on 21 months (6 months intensive and 15 months supervised) probation. At [6] of the probation report, it was assessed that:

“6 ASSESSMENT

6.1 Edzuan has committed a serious offence...