Tan Wee Seng v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Eric Tin Keng Seng
• Judgment Date: 31 July 2002
• Neutral Citation: [2002] SGMC 15
• Published date: 19 September 2003
• Year: 2002
• Citation: [2002] SGMC 15
• Court: Magistrates' Court (Singapore)

Judgment

GROUNDS OF DECISION

This is an appeal against sentence by Tan Wee Seng ("Tan").

Charge

2 On 4 July 2002, Tan pleaded guilty before me to the following charge (PS 838/2002 marked "P1"):

"You, …..

are charged that you, on the 6^th day of February 2002, at about 2.15 am, at carpark located at 25, Lor 8 Toa Payoh, Singapore, did voluntarily cause hurt to one Mamun Maridha Moslem Maridha, to wit, by using a cane to hit the left arm of the said Mamun Maridha Moslem Maridha, and you have thereby committed an offence under Section 323 of the Penal Code, Chapter 224, and punishable under the said Act."

Statement of Facts

3 Tan understood the nature and consequences of his plea. He also admitted without any qualification to the statement of facts (marked "A"), which contained the following material facts.

4 On 6 February 2002 at or about 2.40 am, an unknown male caller called the Toa Payoh Neighbourhood Police Center and informed that his friend was assaulted and was bleeding.

5 Investigation revealed that at about 2.00 am that day, Tan who repossesses vehicle, overheard from his communication set that one of his colleague, one Ong Eng Giap ("Ong") was being beaten up by security officer at carpark located at 25, Lorong 8 Toa Payoh. At or about 2.15 am, Tan drove his vehicle to the said car park. After alighting, he took a cane from the boot of his car and approached the victim Mamun Maridha Moslem Maridha who was working as a security officer at the same carpark. A dispute ensued over the beating of Ong. Tan then used the cane to hit the victim’s left arm. The victim ran away while Tan fled from the scene.

6 The victim was subsequently conveyed to Tan Tock Seng Hospital and sought outpatient treatment. The medical report (marked "B") revealed that he suffered contusion of the left elbow.

Antecedent

7 This was not Tan’s first brush with the law. He admitted to the following antecedents (CRO 60 marked "C"):

a. In 1973, he was subjected to two years police supervision under the Criminal Law (Temporary Provisions) Act, Cap. 112.

b. In 1973, he was fined $25 for using abusive language.

c. In 1973, he was sentenced to one year imprisonment for putting person in fear of injury in order to commit extortion. He was given a concurrent sentence of one year imprisonment for unlawfully consorting with others under the Criminal Law (Temporary Provisions) Act, Cap. 112.

d. In 1977, he was sentenced to 4 months imprisonment for rioting with deadly weapon.

e. In 1982, he was fined $800 for theft.

f. In 1984, he was fined $50 for using criminal force to deter a public servant from discharge of his duty.

g. In 1985, he was fined $600 and given disqualification of class 3 licence for one year for reckless or dangerous driving.

h. In 1996, he was fined $2,000 for failing to comply with the lawful demands of a CPIB officer.

i. In 1996, he was sentenced to three weeks imprisonment for committing mischief thereby causing loss or damage of property valued above $25.

j. In 1998, he was fined $12,000 for accepting illegal gratification. He did not pay the fine and served a default sentence of 4 month imprisonment.

Mitigation

8 In a written mitigation plea ("marked "D"), the court was informed that Tan is a "Repo Man", one engaged by finance/hire purchase company to repossess vehicles or equipment when the hirer defaults. On the day in question, at about 2 am, Tan and his son Stewart, also a Repo Man, were in Lorong 2 Toa Payoh about to repossess a motor vehicle. They phoned a tow truck company to send their tow truck to tow the vehicle they were about to repossess. They asked for Ong, their regular tow truck driver.

9 They were then informed that Ong was involved in a fight in a car park off Lorong 8 Toa Payoh and had left the tow truck there. Stewart apparently called the police to inform them of the incident. Just then, Tan and Stewart were approached by two men who identified themselves as plain-clothes police officers. Tan and Stewart were questioned what they were doing in the car park at that time. After they accounted for their presence satisfactorily, Stewart apparently told the two officers that the driver of the tow truck was involved in a fight and they wanted to go there to help the driver retrieve the vehicle. They asked the two officers to accompany them but was apparently declined by them as they were on "static duty".

10 When Tan and Stewart met Ong at the HDB flats near the Lorong 8 car park, Ong told them that the tow truck was in the car park and there were several male Indians armed with sticks there. The three of them then proceeded to the car park. They saw about 2 or 3...