Public Prosecutor v Ng Kwok Soon

• Jurisdiction: Singapore
• Judge: Tay Yong Kwang JC
• Judgment Date: 16 November 2001
• Neutral Citation: [2001] SGHC 339
• Docket Number: Criminal Case No 58 of 2001
• Date: 16 November 2001
• Year: 2001
• Published date: 11 February 2005
• Plaintiff Counsel: Amarjit Singh and Thong Chee Kun (Attorney General's Chambers)
• Citation: [2001] SGHC 339
• Defendant Counsel: Christine Sekhon (Peter Low Tang & Belinda Ang) (briefed)
• Court: High Court (Singapore)
• Subject Matter: ss 307(1), 320(f) & 320(h) Penal Code (Cap 224),Attempted murder,Whether 'Neo Man Lee' guidelines applicable,Criminal Procedure and Sentencing,Whether sentence of life imprisonment appropriate,Words and Phrases,Accused causing 'grievous hurt' by pouring in flammable liquid on victim and setting her alight,Sentencing,Accused embezzling moneys,s 231(c) Criminal Procedure Code (Cap 68),'Grievous hurt',s 408 Penal Code (Cap 224),Whether caning permissible,Criminal breach of trust,s 307(1) Penal Code (Cap 224),Accused suffering from depression at time of offence but not amounting to mental disorder,Accused making full restitution,'Hurt'

Judgment

GROUNDS OF DECISION

1 The Accused, who turned 50 on 15 January this year, pleaded guilty to the following charge of attempted murder under Section 307(1) of the Penal Code:

"That you, NG KWOK SOON

1^ST CHARGE on the 21^st day of May 2001, at or about 10.30 a.m., at Interior Fabrics Pte Ltd, Tanglin Shopping Centre, #03-07, Singapore, did cause grievous hurt to one Neo Aee Kee, f/41 years, to wit, by pouring inflammable liquid on the said Neo Aee Kees head, face and body and setting her on fire, with such intention and under circumstances that if, by these acts, you had caused death, you would have been guilty of murder and by such acts, you had caused grievous hurt to the said Neo Aee Kee and you have thereby committed an offence under section 307(1) of the Penal Code, Chapter 224."

In addition, he pleaded guilty to one Charge of criminal breach of trust by a servant under Section 408 of the Penal Code in respect of $3,297. He also admitted one other charge under Section 408 of the Penal Code involving $2,750.65 and consented that this be taken into consideration for the purpose of sentence.

2 Section 307 of the Penal Code is in these terms:

"307. (1) Whoever does any act with such intention or knowledge and under such circumstances that if he by that act caused death he would be guilty of murder, shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned and shall also be liable to caning.

(2) When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death."

"Hurt" i.e. "bodily pain, disease or infirmity" (as defined in 319 of the Penal Code) is sufficient to attract life imprisonment and caning. Section 408 provides for mandatory imprisonment of up to 7 years and a discretionary fine. I sentenced the Accused to life imprisonment on the First Charge, deemed to have commenced on 21 May 2001, and to 6 months imprisonment on the Second Charge, both sentences to run concurrently.

THE FACTS

3 The Prosecutions Statement of Facts set out the circumstances surrounding the two Charges proceeded with:

"Facts Leading to the 1^st Charge (Section 307 of the Penal Code)

The victim is Neo Aee Kee, Stella, female/41 years old. She is an administration clerk working for M/s Interior Fabrics Pte Ltd, located at Tanglin Shopping Centre #03-07, Singapore. The company was incorporated in 1999.

2 The accused is Ng Kwok Soon, male/50 years old, residing at Blk 80, Chay Yan St #03-08, Singapore. He is one of the three directors of Interior Fabrics Pte Ltd.

3 The witnesses are:

(i) Kong Chee Seng, male/44 years old. He is the victims husband and another one of the directors of Interior Fabrics Pte Ltd.

(ii) Chan Ee Me, female/47 years old. She is a stall helper employed by M/s Tanglin Delight located at #03-45 Tanglin Shopping Centre, which unit faces M/s Interior Fabrics Pte Ltd.

First Information Report & Police Response

4 On 21 May 2001 at about 10.30 a.m., the accused made a 999 call and reported that "There is a fire and one lady got burnt. I am the culprit who burnt her".

5 Police officers were immediately despatched to the scene. On arrival at the 3^rd floor of Tanglin Shopping Centre, the police officers saw the victim seated on a sofa inside shop unit #03-07 (Interior Fabric Pte Ltd). They noticed that she had sustained burns on her head, face and both her hands. Upon interviewing her, the victim told the police that her injuries were inflicted by the accused. The accused was then standing outside the shop unit. When the police officers walked towards him, he admitted he had set the victim on fire. He also informed them that he had made the 999 call and reported the incident.

6 The accused was then placed under arrest and conveyed to Tanglin Police Division. The victim was conveyed to Singapore General Hospital (SGH) for medical treatment by ambulance.

Events leading up to the Commission of the Offence

7 Investigations revealed that the accused and the victim were colleagues in M/s Interior Fabrics Pte Ltd. The victim, who was the wife of Kong Chee Seng (one of the directors) was employed as the administration clerk and managed the administration and financial work of the company.

8 A few months after the company was set up, the accused and the victim had some disagreements over the debts owed to the company by the accuseds customers and the general operations of the company. As a result their working relationship deteriorated.

9 On 21 May 2001 at about 7.30 a.m., before leaving for work, the accused took two empty glass bottles. He later filled them up with methanol spirit, a flammable liquid. He had purchased the methanol spirit from a hardware shop sometime earlier.

10 At about 9.10 a.m., the accused was already in their shop office when the victim and her husband, Kong Chee Seng, arrived. Moments later, the victim raised her voice and demanded that she wanted to have a meeting immediately to discuss the matter of the debts owed to the company. In the course of the meeting, the victim asked the accused to explain why he had not been able to collect outstanding debts from his clients, some dating as far back as June 2000. Not receiving a satisfactory reply, the victim demanded that the accused write a letter of explanation for his inability to collect the debts. Thereafter the meeting concluded. About 20 minutes later, the victims husband left the office for an appointment.

11 A while later, while the victim was seated at her table doing some paperwork, the accused got up from his chair and took the two bottles containing the methanol spirit. He quietly opened the caps of the two bottles and walked towards the back of the victim. Then, standing close behind the victim, the accused called out to the victim by her name.

12 When the victim turned around to face him, the accused immediately poured one of the bottles of methanol spirit onto her head. He then quickly lighted a tissue paper and threw it on the victims head. As the victim screamed in pain, the accused took the second bottle and poured the contents onto her body. A short while later, one Chan Ee Me, who was working at a snack bar, M/s Tanglin Delight, located directly opposite Interior Fabric Pte Ltd, saw the victim crawl out of the office with her body ablaze. The accused was seen walking behind the victim. The victim saw a basin of water inside the snack bar and poured it over her face to douse the flames. Chan Ee Me too helped the victim by putting out the fire with a piece of cloth.

Medical Examination of the Victim

13 In a medical report dated 6 June 2001 (please refer to medical report at Annex A), Dr Mark Thong of Singapore General Hospital stated that the victim sustained burns over 35% of her total body surface. She underwent an operation for excision and skin grafting of neck, chest and both upper and lower limbs on 23 May 2001. He also added that the victims injuries required her to be intubated and artificially ventilated. The victim was very ill and unstable. She also developed septicaemia and hypotension requiring inotropic support and close fluid monitoring.

14 In another report dated 29 October 2001 (please refer to medical report MR/06510/2001 at Annex B), Dr Tan Kok Chai, Senior Consultant Plastic Surgeon and Head of Department of Plastic Surgery at Singapore General Hospital highlighted that the victim had undergone further operations for excision and skin grafting on 25 May 2001, 28 May 2001, 30 May 2001, 1 June 2001 and 4 June 2001 before being discharged on 7 September 2001. The victim was readmitted on 15 October 2001 to release contractures of neck and axillaes before being discharged again on 26 October 2001. Dr Tan is of the opinion that the victim will require further surgery and follow-up.

15 In yet a further report dated 5 November 2001 (please refer to medical report MR/06510/2001 at Annex C), Dr Tan elaborated that the victim had sustained serious life threatening burn injuries that required prolonged intubation and ventilation. She was listed as critically ill for more than 4 weeks. She also requires secondary corrections of contractures of necks, face and arms. Dr Tan highlighted that the victims scarring of burning areas will be permanent.

Facts leading to the 2^nd Charge (Section 408 of the Penal Code)

16 The complainant is Kong Chee Seng, male/44 years old. He is a director of Interior Fabrics Pte Ltd.

17 The witness is Madam Elvi Yanti Sie, female/37 yrs, an Indonesian national residing at River Place #07-28, Havelock Road, Singapore.

18 On 31 May 2001 at about 5.23 pm, the complainant lodged a police report at Tanglin Police Division to report that the accused had taken his companys (M/s Interior Fabrics Pte Ltd) money.

19 Investigations revealed that sometime in June 2000, Madam Elvi Yantie Sie contacted the accused, who is a director of M/s Interior Fabrics Pte Ltd, for the purpose of furnishing her residence with curtains in the living room, dining room and the bedrooms. The accused charged her a sum of S$5,997. Madam Elvi Yantie Sie gave the accused a cash deposit amounting to S$2,700 which the accused subsequently handed over to the company. Madam Elvi Yantie Sie agreed to pay the balance amount of S$3,297 to the accused upon completion of the work.

20 In August 2000, on completion of the work, Madam Elvi Yantie Sie paid the remaining sum of S$3,297 in cash to the accused. The accused collected the payment but did not hand it over to the company. The accused admitted that he had spent the sum of S$3,297 on himself. He is accordingly charged."

4 12 photographs of Madam Neo Aee Kee taken by her husband at their home in October 2001 were also tendered in Court.

The Prosecutions Submissions on Sentence

5 The...