Cheng William v Loo Ngee Long Edmund: Appeal Against Sentence for Wrongful Restraint, Assault, and Criminal Intimidation

In Cheng William v Loo Ngee Long Edmund, the High Court of Singapore heard an appeal against the District Judge's decision in a private summons case, where Loo Ngee Long Edmund was convicted of offences under sections 352, 341, and 506 of the Penal Code for wrongful restraint, assault, and criminal intimidation against Cheng William. The Public Prosecutor intervened, arguing that the appeal should be discontinued. The High Court ordered the proceedings to be dismissed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Proceedings dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against sentence for wrongful restraint, assault, and criminal intimidation. The Public Prosecutor intervened, arguing for discontinuation, which the court ordered.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Cheng WilliamAppellantIndividualAppeal DismissedDismissed
Loo Ngee Long EdmundRespondentIndividualProceedings DismissedWon
Bala Reddy of Deputy Public Prosecutors
Toh Yung Cheong of Deputy Public Prosecutors

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes

4. Counsels

Counsel NameOrganization
N SreenivasanStraits Law Practice LLC
Bala ReddyDeputy Public Prosecutors
Toh Yung CheongDeputy Public Prosecutors

4. Facts

  1. The appellant and respondent conduct business from units in Balestier Point.
  2. The appellant was the chairman of the Balestier Point Management Corporation.
  3. The respondent is a car dealer who parked cars for sale at Balestier Point's car park.
  4. The appellant instituted rules imposing a charge on the transfer of season parking labels.
  5. The respondent confronted the appellant about a vehicle being wheel-clamped.
  6. The respondent restrained the appellant from proceeding to the restroom.
  7. The respondent hurled vulgarities and threatened the appellant.

5. Formal Citations

  1. Cheng William v Loo Ngee Long Edmund, MA 102/2001, [2001] SGHC 201

6. Timeline

DateEvent
Incident occurred at Balestier Point.
Judge handed down her grounds of decision.
Decision Date

7. Legal Issues

  1. Whether sentence was manifestly inadequate
    • Outcome: The court did not rule on the adequacy of the sentence because the Public Prosecutor intervened and the proceedings were dismissed.
    • Category: Substantive
  2. Public Prosecutor's power to intervene in private prosecutions
    • Outcome: The court held that the Public Prosecutor has the power to intervene in criminal proceedings and private prosecutions and has the power to discontinue proceedings.
    • Category: Jurisdictional
    • Related Cases:
      • [1960] MLJ 152
      • [1988] SLR 720
      • [1988] 3 MLJ 397
      • [1999] 2 SLR 349

8. Remedies Sought

  1. Appeal against sentence

9. Cause of Actions

  • Wrongful Restraint
  • Assault
  • Criminal Intimidation

10. Practice Areas

  • Criminal Law

11. Industries

  • Real Estate
  • Automotive

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ponniah v LimN/AYes[1960] MLJ 152N/ACited regarding the risk of private passions and prejudices creeping into the conduct of a criminal appeal.
Hawa bte Haji Mohamed Hussain v MirandaN/AYes[1988] SLR 720SingaporeCited as a straightforward application of art 35(8) of the Constitution and s 336(1) of the Criminal Procedure Code.
Hawa bte Haji Mohamed Hussain v MirandaN/AYes[1988] 3 MLJ 397N/ACited as a straightforward application of art 35(8) of the Constitution and s 336(1) of the Criminal Procedure Code.
Jasbir Kaur v Mukhtiar SinghN/AYes[1999] 2 SLR 349SingaporeCited as a straightforward application of art 35(8) and s 336(1).

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224) s 352Singapore
Penal Code (Cap 224) s 341Singapore
Penal Code (Cap 224) s 506Singapore
Constitution art 35(8)Singapore
Criminal Procedure Code (Cap 68) s 336(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Private Summons
  • Private Prosecution
  • Public Prosecutor Intervention
  • Wrongful Restraint
  • Criminal Intimidation
  • Manifestly Inadequate Sentence

15.2 Keywords

  • Criminal Law
  • Singapore
  • High Court
  • Sentencing
  • Public Prosecutor
  • Private Prosecution

17. Areas of Law

Area NameRelevance Score
Sentencing85
Criminal Procedure85
Criminal Intimidation75
Wrongful Restraint75
Offences70
Private Prosecutions60
Constitutional Law50
Administrative Law40

16. Subjects

  • Criminal Law
  • Criminal Procedure
  • Sentencing