Saravanan v PP: Appeal Against Conviction for Offensive Weapon Possession

Saravanan s/o Ganesan appealed to the High Court of Singapore against the decision of the district judge who convicted him of possessing an offensive weapon under Section 6(1) of the Corrosive and Explosive Substances & Offensive Weapons Act. The High Court, presided over by Chief Justice Yong Pung How, dismissed the appeal on 03 November 2003, upholding both the conviction and the original sentence of six months’ imprisonment and six strokes of the cane.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeals against conviction and sentence dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Saravanan appeals against his conviction for possessing an offensive weapon. The High Court dismissed the appeal, upholding the original sentence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Saravanan s/o GanesanAppellantIndividualAppeal DismissedLostP Thirumurthy
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWonAmarjit Singh

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes

4. Counsels

Counsel NameOrganization
P ThirumurthyPaul Tan and Partners
Amarjit SinghDeputy Public Prosecutor

4. Facts

  1. The appellant was charged with possession of an offensive weapon in a public place.
  2. The appellant claimed he disarmed another person, ‘Siva’, who was wielding the knife.
  3. The prosecution argued the appellant was the person seen with the knife.
  4. A witness identified the appellant at a vehicular identification parade based on his clothing.
  5. The appellant admitted to being present at the scene and having possession of the knife.
  6. The district judge found the appellant's version of events improbable and inconsistent.
  7. The district judge accepted the prosecution witness's account as credible.

5. Formal Citations

  1. Saravanan s/o Ganesan v Public Prosecutor, MA 38/2003, [2003] SGHC 273

6. Timeline

DateEvent
Appellant was at a pub in Katong.
Appellant was arrested.
Appeal dismissed.

7. Legal Issues

  1. Principles of intervention by appellate court
    • Outcome: The appellate court will only overturn a trial judge’s findings of fact if they are ‘plainly wrong’ or ‘against the weight of evidence’.
    • Category: Procedural
  2. Calling of witnesses by the trial judge
    • Outcome: The court has discretionary and mandatory powers to summon witnesses. The mandatory power is exercised when it is essential to the just decision of the case.
    • Category: Procedural
  3. Possession of an offensive weapon
    • Outcome: The court found that the appellant was in possession of an offensive weapon without lawful authority or purpose.
    • Category: Substantive

8. Remedies Sought

  1. Appeal against conviction
  2. Appeal against sentence

9. Cause of Actions

  • Possession of an offensive weapon without lawful authority or purpose

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lim Ah Poh v PPN/AYes[1992] 1 SLR 713SingaporeCited regarding principles of appellate intervention with findings of fact.
Ng Soo Hin v PPN/AYes[1994] 1 SLR 105SingaporeCited regarding principles of appellate intervention with findings of fact.
Teo Keng Pong v PPN/AYes[1996] 3 SLR 329SingaporeCited regarding principles of appellate intervention with findings of fact.
Sundara Moorthy Lankatharan v PPN/AYes[1997] 3 SLR 464SingaporeCited regarding principles of appellate intervention with findings of fact.
Yap Giau Beng Terence v PPN/AYes[1998] 3 SLR 656SingaporeCited regarding principles of appellate intervention with findings of fact.
Shamsul Bin Abdullah v PPN/AYes[2002] 4 SLR 176SingaporeCited regarding principles of appellate intervention with findings of fact.
Garmaz s/o Pakhar v PPN/AYes[1995] 3 SLR 701SingaporeCited regarding deference to trial court's assessment of witness truthfulness.
Awtar Singh s/o Margar Singh v PPN/AYes[2000] 3 SLR 439SingaporeCited regarding the appellate court's position to make inferences.
Mohammad Ali bin Mohd Noor v Public ProsecutorN/AYes[1996] 3 SLR 276SingaporeCited regarding the discretionary and mandatory limbs of section 399 of the Criminal Procedure Code.
Sim Cheng Hui v Public ProsecutorN/AYes[1998] 2 SLR 302SingaporeCited regarding the discretionary power of a court to recall or summon witnesses.
PP v Phon NamN/AYes[1998] 3 MLJ 415MalaysiaCited regarding judicial circumspection in exercising the power to recall or summon witnesses.
Ramli bin Kechik v PPN/AYes[1986] 2 MLJ 33MalaysiaCited regarding the purpose of a section such as section 399 of the Criminal Procedure Code.
Rajeevan Edakalavan v PPN/AYes[1998] 1 SLR 815SingaporeCited regarding the trial judge's lack of duty to inform an unrepresented defendant of possible defence strategies.
Soong Hee Sin v PPN/AYes[2001] 2 SLR 253SingaporeCited regarding the trial judge's lack of duty to inform an unrepresented defendant of possible defence strategies.
PP v Tan Fook SumN/AYes[1999] 2 SLR 523SingaporeCited regarding hardship upon an offender's family as a mitigating factor.
Ng Chiew Kiat v PPN/AYes[2000] 1 SLR 370SingaporeCited regarding hardship upon an offender's family as a mitigating factor.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Corrosive and Explosive Substances & Offensive Weapons Act (Cap 65) s 6(1)Singapore
Corrosive and Explosive Substances & Offensive Weapons Act (Cap 65) s 6(2)Singapore
Criminal Procedure Code (Cap 68) s 399Singapore
Evidence Act (Cap 97) s 107Singapore
Corrosive and Explosive Substances & Offensive Weapons Act (Cap 65) s 2Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Offensive weapon
  • Lawful purpose
  • Appellate intervention
  • Findings of fact
  • Credibility of witnesses
  • Vehicular identification parade
  • Burden of proof
  • Material witnesses
  • Criminal Procedure Code

15.2 Keywords

  • offensive weapon
  • possession
  • appeal
  • criminal
  • singapore

16. Subjects

  • Criminal Law
  • Criminal Procedure
  • Sentencing
  • Appeals

17. Areas of Law

  • Criminal Procedure
  • Sentencing
  • Criminal Law