Tan Phui Moi v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Eric Tin Keng Seng
• Judgment Date: 24 February 2002
• Neutral Citation: [2002] SGMC 5
• Year: 2002
• Published date: 19 September 2003
• Citation: [2002] SGMC 5
• Court: Magistrates' Court (Singapore)

Judgment

GROUNDS OF DECISION

This is an appeal against sentence by Tan Phui Moi ("Tan").

Charge

2 On 24 January 2002, Tan pleaded guilty before me to the following amended charge (MAC 60/2002 marked "P1B"):

"You, …..

are charged that you, on the 5^th day of April 1999, at about 1.10 pm, at the 1^st level of Blk 31, Toa Payoh, Lorong 5, outside lift A, Singapore, did voluntarily cause hurt to one Low Teck Chuan, to wit, by using a motorcycle helmet to hit on his head and fisting the said Low Teck Chuan on his face and body, and you have thereby committed an offence punishable under Section 323 of the Penal Code, Chapter 224."

Statement of Facts

3 Tan understood the nature and consequences of her plea. She also admitted without any qualification to the amended statement of facts (marked "D"), which contained the following material facts.

4. The complainant and victim in this case was one Mr Low Teck Chuan ("victim"). Investigations revealed that on 5 April 1999 at about 1.10 pm, Tan entered the descending lift "A" of Blk 31, Toa Payoh, Lorong 5, from the 9^th floor. The victim, his wife Ms Jenny Wong Soon Yin, and an independent witness Mr Goh Kim Lai entered the lift from the 6^th floor. Upon reaching the ground floor, all of them came out of the lift.

5 Tan heard some remarks from the victim and was not happy. She confronted him and a dispute arose. She then used her motorcycle helmet to hit the victim on his head and used her hands to fist him on his face and body. The victim fell to the ground once, after which he blocked her blows with his hands. The victim’s wife and Mr Goh Kim Lai managed to stop the fight and separated them. Thereafter they left for their separate ways. On the same day, at about 3.03 pm, Tan called 999 and informed that "I was assaulted by someone, ambulance is required".

6 The medical report on the victim by Dr Yeong Mun Poh of Alexandra Hospital indicates that he sustained minor abrasion over the left parietal area and left side of the posterior rib cage. There was a bruise over the left side of the anterior chest and a minor cut over the dorsal surface of the proximal phalanx of the right ring finger.

7 The medical report on Tan by Dr Hwang Ying Khai, Peter, of Tan Tock Seng Hospital indicates that she sustained a closed fracture of her left radius and ulna and a bruise over the right side of her neck. On 4 December 2001, the victim was charged for an offence of voluntarily causing grievous hurt in Court 26 (DAC 55769/2001). He was sentenced to two months’ imprisonment.

Charge taken into consideration

8 Tan admitted and consented to have another charge (MAC 61/2002 marked "P2") taken into consideration for the purpose of sentence. It was for an offence of mischief under s 427 of the Penal Code. The charge stated that she damaged a black Ericsson model handphone valued at $350 belonging to the victim by throwing it onto the floor.

Antecedent and mitigation

9 Tan was a first offender. I should set out what she said in oral mitigation (at Notes of Proceedings page 9E to 10E):

Mitigation:

On the day in question, my arm was hit by Low Teck Chuan. My bones were fractured. As a result of that injury, I was unable to work for a period of two years. Doctor told me that I could not exert pressure with my left arm and it is not as flexible as before. I have problem with my livelihood. Prior to sustaining my injury on arm, I was able to work and earn a living. As a result of incident, I cannot work and livelihood is affected. I plead for leniency. I did not mean to cause hurt to the victim. I plead guilty before you and submitted my mitigation. Sincerely urge you to be lenient to me

Court:

Meaning of "I did not mean to cause hurt to victim"

Accused:

I did not have intention to do so. I do not know how it happened when we struggled. Urge Your Honour to be lenient with me

Court:

No intention to hurt him

Accused:

Fact is he was injured

Court:

Do you have the intention to cause hurt?

Accused:

Yes.

10 I did not reject her plea since she eventually confirmed she had the requisite intention to cause hurt. In any event, she should know that her actions as described in the amended statement of facts are likely to cause hurt. I was satisfied that her conviction can stand.

Sentencing considerations

11 For an offence under s 323 of the Penal Code, Tan can be liable to the...