PP v Thongthot Yordsa-Art: Unlawful Assembly & Murder under Penal Code s 149

Thongthot Yordsa-Art and Dornchinnamat Yingyos, along with others, were charged with murder under section 149 read with section 302 of the Penal Code for being part of an unlawful assembly that caused grievous hurt to Saenphan Thawan, resulting in his death. The High Court of Singapore, presided over by Choo Han Teck JC, found both accused guilty, determining that they had assembled with the common object of causing hurt to the victim, knowing that death was a likely consequence. The court convicted them and sentenced them to death.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Convicted and sentenced to suffer death.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Thai nationals Thongthot Yordsa-Art and Dornchinnamat Yingyos were convicted of murder under s 149 of the Penal Code for their role in an unlawful assembly.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Ravneet Kaur of Attorney-General’s Chambers
Sia Aik Kor of Attorney-General’s Chambers
Paul Chia of Attorney-General’s Chambers
Thongthot Yordsa-ArtDefendantIndividualConvictedLost
Dornchinnamat YingyosDefendantIndividualConvictedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Ravneet KaurAttorney-General’s Chambers
Sia Aik KorAttorney-General’s Chambers
Paul ChiaAttorney-General’s Chambers
Rajendran KumaresanW T Woon & Co
Goh Aik LengGoh Aik Leng & Partners
Ram GoswamiRam Goswami
Boon Khoon LinDora Boon & Co

4. Facts

  1. The accused were Thai nationals.
  2. The victim, Yaou, controlled gambling, prostitution, and drugs in the Kian Teck area.
  3. The first accused's girlfriend was threatened by Yaou.
  4. The accused and others went to Kian Teck to confront Yaou.
  5. The group was armed with knives, parangs, and metal chains.
  6. Yaou died from injuries inflicted during the confrontation.
  7. The first accused admitted to stabbing Yaou.

5. Formal Citations

  1. Public Prosecutor v Thongthot Yordsa-Art and Another, CC 3/2002, [2002] SGHC 34

6. Timeline

DateEvent
Crime committed between 10pm and midnight
Judgment issued

7. Legal Issues

  1. Unlawful Assembly
    • Outcome: The court found that the accused were part of an unlawful assembly.
    • Category: Substantive
  2. Murder
    • Outcome: The court found that the accused committed murder in the course of the unlawful assembly.
    • Category: Substantive

8. Remedies Sought

  1. Conviction
  2. Death Penalty

9. Cause of Actions

  • Murder
  • Unlawful Assembly

10. Practice Areas

  • Criminal Law
  • Homicide

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal CodeSingapore
s 149 of the Penal CodeSingapore
s 302 of the Penal CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Unlawful assembly
  • Common object
  • Grievous hurt
  • Murder
  • Kian Teck
  • Thai nationals
  • Jalan Bahar

15.2 Keywords

  • Murder
  • Unlawful Assembly
  • Singapore
  • Criminal Law
  • Penal Code

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Murder90
Common object85
Penal Code80
Offences80
Unlawful assembly80
Culpable Homicide75
Grievous Hurt70
Criminal conspiracy65
Criminal Procedure60

16. Subjects

  • Criminal Law
  • Homicide
  • Unlawful Assembly