Chen Weixiong Jerriek v PP: Appeal Against Sentence for Robbery and Voluntarily Causing Hurt
Chen Weixiong Jerriek appealed to the High Court of Singapore against the sentence imposed by the District Court for seven charges, including robbery with common intention, robbery with hurt with common intention, and voluntarily causing hurt by means of a dangerous weapon. Yong Pung How CJ dismissed the appeal and enhanced the sentences, citing the appellant's violent disposition, the calculated nature of the offenses, and the need to protect the public. The court found the initial sentence manifestly inadequate, considering the appellant's pattern of criminal behavior and incapacity for rehabilitation.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed; Sentences Enhanced
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against sentence for robbery with hurt and voluntarily causing hurt. The High Court enhanced the sentence due to the appellant's violent disposition.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed; Sentences Enhanced | Won | Edwin San of Deputy Public Prosecutor |
| Chen Weixiong Jerriek | Appellant | Individual | Appeal Dismissed; Sentences Enhanced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Edwin San | Deputy Public Prosecutor |
| James Lee Ah Fong | Ng, Lee & Partners |
4. Facts
- The appellant pleaded guilty to seven charges, including robbery and voluntarily causing hurt.
- The appellant and accomplices robbed victims of handphones over two months.
- Victims were between 12 and 16 years old.
- The appellant used violence against victims who resisted.
- The appellant committed voluntarily causing hurt while on bail.
- The appellant targeted vulnerable victims.
- The appellant was receiving counselling while committing the robbery offences.
5. Formal Citations
- Chen Weixiong Jerriek v Public Prosecutor, MA 18/2003, [2003] SGHC 103
6. Timeline
| Date | Event |
|---|---|
| Robbery with hurt committed at Simei Street 5 | |
| Robbery with hurt committed at Bedok North Street 1 | |
| Robbery with hurt committed at White Sands Shopping Centre | |
| Robbery committed at Century Square Shopping Centre | |
| Robbery committed at Lor 1 Toa Payoh | |
| Voluntarily causing hurt at Yishun Central Road | |
| Appeal dismissed and sentences enhanced |
7. Legal Issues
- Application of the totality principle
- Outcome: The court found that the total sentence did not violate the totality principle, considering the appellant's criminal behavior and lack of rehabilitation prospects.
- Category: Substantive
- Related Cases:
- [1992] 1 SLR 81
- [1996] 1 SLR 161
- Whether offender charged with multiple offences considered first offender
- Outcome: The court held that the appellant could not be regarded as a 'first offender' due to the multiple charges, despite having no prior convictions.
- Category: Substantive
- Related Cases:
- [1993] 3 SLR 639
- [1994] 2 SLR 277
- Whether evidence of genuine remorse shown
- Outcome: The court found that the appellant did not show genuine remorse, discounting the mitigating value of his guilty plea and letters of apology.
- Category: Substantive
- Related Cases:
- [1990] SLR 1011
- [2001] 2 SLR 253
8. Remedies Sought
- Appeal against Sentence
9. Cause of Actions
- Robbery with Common Intention
- Robbery with Hurt with Common Intention
- Voluntarily Causing Hurt by Means of a Dangerous Weapon
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Boon Kiah Kin | High Court | Yes | [1993] 3 SLR 639 | Singapore | Cited for the principle that a person who commits one offence is presumptively less deserving of severity than a person who commits multiple offences. |
| PP v Keh See Hua | High Court | Yes | [1994] 2 SLR 277 | Singapore | Cited regarding the definition of a 'first time offender' in the context of multiple charges under the Foreign Workers Act. |
| Wong Kai Chuen Philip v PP | Unknown | Yes | [1990] SLR 1011 | Singapore | Cited for the principle that the relevance and weight of a guilty plea as evidence of remorse depends on the circumstances of the case. |
| Fu Foo Tong and Ors v PP | Court of Appeal | Yes | [1995] 1 SLR 448 | Singapore | Cited for the principle that the protection of the public is an important exception to the general rule that an offender who pleads guilty is entitled to a discount of the sentence. |
| R v Costen | Unknown | Yes | R v Costen (1989) 11 Cr App R (S) 182 | Unknown | Cited for the principle that a plea of guilty may not result in any discount where a long sentence is necessary to protect the public. |
| Lim Kim Seng v PP | Unknown | Yes | [1992] 1 SLR 743 | Singapore | Cited for the principle that the court must provide protection for persons regarded as easy targets and a deterrent element must be seen in the sentence imposed. |
| Soong Hee Sin v PP | Unknown | Yes | [2001] 2 SLR 253 | Singapore | Cited for the principle that remorse is only a mitigating factor where there is evidence of genuine compunction or remorse on the part of the offender. |
| PP v Mok Ping Wuen Maurice | Unknown | Yes | [1999] 1 SLR 138 | Singapore | Cited for the principle that rehabilitation is the dominant consideration where the offender is 21 years and below. |
| Kanagasuntharam v PP | Unknown | Yes | [1992] 1 SLR 81 | Singapore | Cited for the principle that the sentencing court, in exercising its discretion to impose consecutive sentences, must have regard to the one transaction rule and the totality principle. |
| Maideen Pillai v PP | Unknown | Yes | [1996] 1 SLR 161 | Singapore | Cited for elaborating on the notion of a 'crushing sentence' in the context of the totality principle. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224) s 392 | Singapore |
| Penal Code (Cap 224) s 34 | Singapore |
| Penal Code s 394 | Singapore |
| Penal Code s 324 | Singapore |
| Criminal Procedure Code (Cap 68) s 230 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Robbery
- Voluntarily causing hurt
- Common intention
- Totality principle
- First offender
- Remorse
- Rehabilitation
- Violent disposition
- Manifestly excessive
- Crushing sentence
15.2 Keywords
- robbery
- hurt
- sentencing
- criminal
- appeal
- violence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Criminal Law | 80 |
| Theft | 80 |
| Offences | 70 |
| Criminal Revision | 50 |
16. Subjects
- Criminal Law
- Sentencing
- Criminal Procedure