Shamsul bin Abdullah v Public Prosecutor: Unlawful Assembly and Voluntarily Causing Grievous Hurt
Shamsul bin Abdullah appealed to the High Court of Singapore against his conviction and sentence by the District Court for participating in an unlawful assembly with the common intention to cause grievous hurt to Perez Nicholas, under sections 149 and 326 of the Penal Code. The High Court, presided over by Chief Justice Yong Pung How, dismissed the appeal, finding that the trial judge's findings of fact were sound and that the sentence of 4 years and 6 strokes of the cane was appropriate given the premeditated nature of the attack, the use of weapons, and the appellant's prior record of violence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Shamsul bin Abdullah appeals against his conviction and sentence for unlawful assembly and voluntarily causing grievous hurt. The High Court dismisses the appeal, upholding the original judgment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal dismissed | Won | Jaswant Singh of Deputy Public Prosecutor |
| Shamsul bin Abdullah | Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jaswant Singh | Deputy Public Prosecutor |
| Khor Wee Siong | Khor Thiam Beng & Partners |
4. Facts
- The appellant, victim, and Lim knew each other.
- The victim was attacked by a group of men at the appellant's flat.
- The victim suffered fractures and lacerations from the attack.
- The appellant claimed the victim's injuries were due to a fall.
- The appellant had switched off the lights and left the door unlocked.
- The appellant had a prior conviction for voluntarily causing hurt.
5. Formal Citations
- Shamsul bin Abdullah v Public Prosecutor, MA 145/2002, [2002] SGHC 191
6. Timeline
| Date | Event |
|---|---|
| Appellant involved in a fight at a coffee shop; Nicholas and Lim did not assist him. | |
| Appellant called Lim on his phone and asked to speak with Nicholas. | |
| Nicholas went to the appellant’s place and was ambushed and beaten. | |
| Nicholas was admitted to the hospital. | |
| High Court dismissed the appeal. |
7. Legal Issues
- Unlawful Assembly
- Outcome: The court found that the elements of unlawful assembly were proven, as there were five people involved with the common intention to cause grievous hurt.
- Category: Substantive
- Sub-Issues:
- Number of participants
- Common intention to cause grievous hurt
- Voluntarily Causing Grievous Hurt
- Outcome: The court upheld the conviction, finding that the use of poles qualified as weapons likely to cause death.
- Category: Substantive
- Sub-Issues:
- Use of weapons
- Premeditation
- Group action
- Appellate Review of Findings of Fact
- Outcome: The court reiterated the principle that an appellate court should be slow to overturn a trial judge's findings of fact unless plainly wrong or against the weight of evidence.
- Category: Procedural
- Sub-Issues:
- Assessment of witness credibility
- Standard of scrutiny of evidence
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Unlawful Assembly
- Voluntarily Causing Grievous Hurt
10. Practice Areas
- Criminal Law
- Appellate Practice
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yap Giau Beng Terence v PP | High Court | Yes | [1998] 3 SLR 656 | Singapore | Cited for the principle that an appellate court should be slow to overturn the trial judge’s findings of fact, especially where they hinge on the trial judge’s assessment of the credibility and veracity of the witness. |
| Lim Ah Poh v PP | High Court | Yes | [1992] 1SLR 713 | Singapore | Cited for the principle that an appellate court should be slow to overturn the trial judge’s findings of fact. |
| Teo Keng Pong v PP | High Court | Yes | [1996] 3 SLR 329 | Singapore | Cited for the principle that an appellate court should be slow to overturn the trial judge’s findings of fact. |
| Sundara Moorthy Lankatharan v PP | High Court | Yes | [1997] 3 SLR 464 | Singapore | Cited for the principle that an appellate court should be slow to overturn the trial judge’s findings of fact. |
| Ng Soo Hin v PP | High Court | Yes | [1994] 1 SLR 105 | Singapore | Cited for the principle that an appellate court should be slow to overturn the trial judge’s findings of fact. |
| Kwan Peng Hong v Public Prosecutor | High Court | Yes | [2000] 4 SLR 96 | Singapore | Cited regarding the standard required of the District Judge’s scrutiny of the evidence and the witnesses. |
| Dr James Khoo and Others v Gunapathy d/o Muniandy | N/A | No | [2001] | N/A | Cited to argue that the trial judge should not have substituted her judgment for the professional judgement of a medical doctor; the High Court found this case irrelevant. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (CAP224) s149 | Singapore |
| Penal Code (CAP224) s326 | Singapore |
| Penal Code s323 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Unlawful assembly
- Grievous hurt
- Appellate review
- Findings of fact
- Witness credibility
- Premeditation
- Group action
- Poles as weapons
15.2 Keywords
- unlawful assembly
- grievous hurt
- criminal law
- singapore
- appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Unlawful assembly | 90 |
| Offences | 85 |
| Voluntarily Causing Grievous Hurt | 80 |
| Sentencing | 75 |
| Criminal Procedure | 70 |
16. Subjects
- Criminal Law
- Appeals