Public Prosecutor v Jin Yugang: Murder, Intoxication Defence, Penal Code Section 300 Exceptions
In Public Prosecutor v Jin Yugang, the High Court of Singapore found Jin Yugang guilty of murder and sentenced him to the mandatory death penalty. Jin Yugang was charged with the murder of Wang Hong. The court rejected Jin Yugang's defence of intoxication and provocation, finding that he had the requisite intention to commit murder and that none of the exceptions in section 300 of the Penal Code applied. The court determined that Jin Yugang was not so intoxicated as to be unable to appreciate the nature of his acts and that he had acted with the intention to cause death.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty of murder and sentenced to the mandatory death penalty.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Jin Yugang was convicted of murder for fatally stabbing Wang Hong. The court rejected his defence of intoxication and provocation, imposing the death penalty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Tan Hee Joek of Attorney-General’s Chambers Eddy Tham of Attorney-General’s Chambers |
| Jin Yugang | Defendant | Individual | Convicted of Murder | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Hee Joek | Attorney-General’s Chambers |
| Eddy Tham | Attorney-General’s Chambers |
4. Facts
- The Accused stabbed the deceased multiple times with a knife.
- The incident occurred after a drinking session and an argument between the Accused and the deceased.
- The Accused claimed he acted in self-defense after the deceased attacked him with a broken beer bottle.
- Witnesses testified to seeing the Accused chasing and stabbing the deceased.
- The Accused had a blood alcohol level of 137 mg/100 ml at 5:05 am, estimated to be around 200 mg/100 ml at the time of the incident.
- The deceased's blood alcohol level was 142 mg/100 ml.
- The Accused kept a knife under his pillow, claiming it was for cutting vegetables and meat.
5. Formal Citations
- Public Prosecutor v Jin Yugang, CC 61/2002, [2003] SGHC 37
6. Timeline
| Date | Event |
|---|---|
| Accused, Jin Yugang, born. | |
| Jin Yugang came to work in Singapore. | |
| Employers reduced salary from $1,500 to $750 per month. | |
| Accused, deceased, and others worked in Orchard Road; drinking session occurred at night. | |
| Stabbing incident occurred between 12:00 am and 12:48 am. | |
| Accused examined by Dr. Soo Kian Hing at 5:05 am. | |
| Autopsy conducted on the deceased at 10 am. | |
| Statement recorded from the Accused by SSSGT Pavia. | |
| Two statements recorded from the Accused by SSSGT Pavia. | |
| Statement recorded from the Accused by SSSGT Pavia. | |
| Statement recorded from the Accused by SSSGT Pavia. | |
| Accused examined by Dr. Stephen Phang. | |
| Accused examined by Dr. Stephen Phang. | |
| Accused treated by Dr. William Verhoeven. | |
| Accused examined by Dr. Stephen Phang. | |
| Decision Date |
7. Legal Issues
- Murder
- Outcome: The court found the Accused guilty of murder.
- Category: Substantive
- Intoxication Defence
- Outcome: The court rejected the intoxication defence, finding that the Accused was not so intoxicated as to be unable to appreciate the nature of his acts.
- Category: Substantive
- Related Cases:
- [2001] 3 SLR 1
- Grave and Sudden Provocation
- Outcome: The court rejected the defence of grave and sudden provocation.
- Category: Substantive
- Related Cases:
- [2001] 3 SLR 135
- Sudden Fight
- Outcome: The court rejected the defence of sudden fight.
- Category: Substantive
- Related Cases:
- [1993] 3 SLR 272
8. Remedies Sought
- Mandatory Death Penalty
9. Cause of Actions
- Murder
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Saeng-Un Udom v PP | Court of Appeal | Yes | [2001] 3 SLR 1 | Singapore | Cited for the authority that the court accepted Dr. Stephen Phang’s finding that the Accused was not suffering from unsoundness of mind at the material time. |
| Seah Kok Meng v PP | Court of Appeal | Yes | [2001] 3 SLR 135 | Singapore | Cited for the elements of grave and sudden provocation in section 300 Penal Code. |
| Soosay v PP | Court of Appeal | Yes | [1993] 3 SLR 272 | Singapore | Cited for the interpretation of exception 4 in section 300 Penal Code regarding sudden fight defence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code, Chapter 224, section 302 | Singapore |
| Penal Code, section 300 | Singapore |
| Penal Code, sections 85 and 86 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Intoxication
- Provocation
- Self-defense
- Murder
- Culpable homicide
- Penal Code
- Stab wounds
- Alcohol level
- Sudden fight
- Grave provocation
15.2 Keywords
- Murder
- Intoxication
- Criminal Law
- Singapore
- Penal Code
- Death Penalty
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Murder | 95 |
| Criminal Law | 90 |
| Culpable Homicide | 80 |
| Sentencing | 70 |
| Intoxication | 65 |
| Criminal Procedure | 60 |
| Evidence | 50 |
| Self Defence | 40 |
16. Subjects
- Criminal Law
- Intoxication
- Murder
- Provocation