Thongthot Yordsa-Art v PP: Unlawful Assembly, Common Object & Murder
Thongthot Yordsa-Art and Dornchinnamat Yingyos, both Thai nationals, were convicted in the High Court of murder under section 302 read with section 149 of the Penal Code for being members of an unlawful assembly with the common object of causing grievous hurt to Saenphan Thawan, resulting in his death. The Court of Appeal of Singapore, comprising Yong Pung How CJ, Chao Hick Tin JA, and Tan Lee Meng J, dismissed their appeals, finding that the trial judge did not err in his assessment of the evidence and application of the law.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeals dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Thai nationals Thongthot and Dornchinnamat were convicted of murder under s 149 of the Penal Code for their role in an unlawful assembly. The Court of Appeal dismissed their appeals.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Judgment for Respondent | Won | Bala Reddy of Deputy Public Prosecutors Sia Aik Kor of Deputy Public Prosecutors |
| Thongthot Yordsa-Art | Appellant | Individual | Appeal Dismissed | Lost | |
| Dornchinnamat Yingyos | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | No |
| Tan Lee Meng | Judge | No |
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bala Reddy | Deputy Public Prosecutors |
| Sia Aik Kor | Deputy Public Prosecutors |
| Rajendran Kumaresan | WT Woon & Co |
| Goh Aik Leng | Goh Aik Leng & Partners |
| Boon Khoon Lim | Dora Boon & Co |
| Ram Goswami | Ram Goswami |
4. Facts
- Thongthot and Dornchinnamat, along with others, were charged with murder under section 302 read with section 149 of the Penal Code.
- The incident occurred on June 2, 2001, at a vacant lot off Pioneer Road North.
- The group's common object was to cause grievous hurt to Saenphan Thawan.
- Thongthot's girlfriend was threatened by the deceased, leading to Thongthot's anger.
- The group was armed with knives, parangs, a long sword, and metal chains.
- The pathologist confirmed that the injuries inflicted on Yaou were sufficient to cause death.
- Thongthot admitted to stabbing Yaou during the confrontation.
5. Formal Citations
- Thongthot Yordsa-Art and Another v Public Prosecutor, Cr App 3/2002, [2002] SGCA 33
6. Timeline
| Date | Event |
|---|---|
| Murder of Saenphan Thawan | |
| Judgment delivered |
7. Legal Issues
- Unlawful Assembly
- Outcome: The court held that the appellants were members of an unlawful assembly with the common object of causing grievous hurt.
- Category: Substantive
- Sub-Issues:
- Common object
- Knowledge of likelihood of death
- Admissibility of Confession
- Outcome: The court held that the retracted confession and the confession of the co-accused were admissible as evidence.
- Category: Procedural
- Sub-Issues:
- Retraction of confession
- Confession of co-accused
- Common Object vs Common Intention
- Outcome: The court clarified the distinction between 'common object' under s 149 and 'common intention' under s 34 of the Penal Code.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Murder
- Unlawful Assembly
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chandran v Public Prosecutor | Court of Appeal | Yes | [1992] 2 SLR 265 | Singapore | Cited to distinguish between 'common object' under section 149 and 'common intention' under section 34 of the Penal Code. |
| Barendra Kumar Ghosh v Emperor | N/A | Yes | Barendra Kumar Ghosh v Emperor | N/A | Cited to explain the difference between 'object' and 'intention' in the context of constructive liability for crime. |
| Yap Sow Keong v Public Prosecutor | N/A | Yes | [1947] MLJ 90 | N/A | Cited for the principle that retraction of a confession does not prevent the court from relying on it if believed to be true. |
| Ismail bin UK Abdul Rahman v Public Prosecutor | N/A | Yes | [1972-1974] SLR 232 | N/A | Cited for the principle that retraction of a confession does not prevent the court from relying on it if believed to be true. |
| Chin Seow Noi v Public Prosecutor | Court of Appeal | Yes | [1994] 1 SLR 135 | Singapore | Cited for the principle that a conviction can be sustained solely on the basis of a confession by a co-accused if it establishes guilt beyond reasonable doubt. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224) s 34 | Singapore |
| Penal Code (Cap 224) s 141 | Singapore |
| Penal Code (Cap 224) s 149 | Singapore |
| Penal Code (Cap 224) s 302 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Unlawful assembly
- Common object
- Grievous hurt
- Section 149 Penal Code
- Retracted confession
- Confession of co-accused
- Thai nationals
- Kian Teck
15.2 Keywords
- Unlawful assembly
- Common object
- Murder
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Unlawful assembly | 90 |
| Evidence | 70 |
16. Subjects
- Criminal Law
- Evidence
- Unlawful Assembly
- Murder