Yap Biew Hian v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Warren Khoo L H J
• Judgment Date: 02 February 1994
• Neutral Citation: [1994] SGCA 16
• Docket Number: Criminal Appeal No 18 of 1993
• Date: 02 February 1994
• Year: 1994
• Published date: 19 September 2003
• Plaintiff Counsel: Choo Han Teck and Philip Jeyaretnam (Helen Yeo & Pnrs)
• Citation: [1994] SGCA 16
• Defendant Counsel: Jennifer Marie (Deputy Public Prosecutor)
• Court: Court of Appeal (Singapore)
• Subject Matter: Elements of offence,Criminal Law,Approach of court in considering evidence,Offences,s 300(c) Penal Code (Cap 224),Murder

The appellant was convicted by the High Court of the murder of a young woman by the name of Wong Mee Hong. He appealed to this court. We dismissed his appeal, and now give our reasons.

The incident took place in a flat in Tanjong Katong Road on 1 December 1990. The flat was a hostel housing three groups of young Malaysian workers. Five men, including the appellant, occupied a room at the front of the flat adjoining the hall. Four girls occupied an adjoining room to the rear of this room. The deceased and her fiance, Ta Bee Fath, also known as Ah Poh, were living together in another room at the back of the flat, away from these other rooms.

Ta said that a few days before the incident the deceased had told him that the appellant had not been working for a few days. Ta had not thought anything of it. On the day of the incident, he left for work at about 8:50am. The deceased saw him off. When he returned from work at about 7pm, he could not find her. He made inquiries with the other tenants but no one knew where she was. He later found patches of blood on the deceased`s mattress, which was under cover. He also found his own mattress in the washing machine, soaked in what appeared to be a mixture of blood and water. He was told by one of the girls that she had noticed that the kitchen knife she had used to cut dumplings earlier was bent. He then discovered that some of the deceased`s jewellery and her ATM card were missing. He became worried. He called the police. They arrived and, after a thorough search of the flat, discovered the body of the deceased hidden in a storeroom.

The appellant was arrested by the police on 10 December 1990 on his return from Malaysia. He had gone there on the day of the incident. He gave a cautioned statement. He said that on the day in question he was out of money. He decided to `knock` the deceased unconscious and steal her money. He admitted that he struck the deceased on the head with a spanner while she was asleep. After she got up, he `knocked` her several times and then strangled her until she became weak. He took her money and jewellery. Before leaving the room, he noticed that she was still alive and moving. He got a knife from the kitchen and stabbed her three or four times. He wrapped the body in his blanket and hid it in the storeroom. He then went back and tidied up the deceased`s room.

At the trial, the appellant confirmed that this statement was correct. His evidence at the trial was essentially an elaboration of what he had said in the statement. His counsel only contended that there was no evidence before the court to prove an essential ingredient of the offence of murder under s 300(c) of the Penal Code, ie that the injuries inflicted were sufficient in the ordinary course of nature to cause death. The appeal before us also revolved around this rather narrow point.

The medical evidence

Forensic pathologist Dr Clarence Tan performed an autopsy on the deceased. Among other injuries, he found two stab wounds on the superior aspect of the left breast. There were also two stab wounds at the right upper anterior abdominal wall. There were numerous other findings, but it is not necessary to refer to them. The two stab wounds in the left chest were referred to at the trial as stab wounds No 1 and No 2, and they are the injuries relevant to this appeal.

In relation to stab wound No 1, although there was one single wound on the skin, there were two separate tracks diverging from this single wound into the body. This suggested two stabs without the knife leaving the skin wound. Dr Tan said that a moderate force was required for these wounds to be inflicted. He also said that stab wound No 1 was a fatal wound as both the tracks had penetrated through the left lung and this resulted in massive haemorrhage from the lung.

With regard to stab wound No 2, Dr Tan was of the opinion that moderate to severe force had been used as the track had cut through the lower half of the third rib. This stab would was also a fatal wound as it had almost completely cut into the left pulmonary vein, a major blood vessel draining from the lung back into the heart. This wound also caused a massive haemorrhage.

Dr Tan was not asked the question, as would usually have been asked, whether one or the other or both stab wounds were sufficient in the ordinary course of nature to cause death. The nearest he came to dealing with this was in cross- examination, when he was asked by defence counsel :

Q Dr Tan, could I just confirm that, in your view, the two fatal wounds were stabs 1 and 2?

A Yes, your Honour, stab wound No 1, stab wound No 2 were both fatal wounds.

Q And apart from these two, none of the other injuries were sufficient in themselves - either by themselves or collectively - be sufficient to cause death?

A That`s correct, your Honour, that is...