Lwee Kwi Ling Mary v Quek Chin Huat: Criminal Intimidation with Weapon & Private Defence

In Lwee Kwi Ling Mary v Quek Chin Huat, the High Court of Singapore heard an appeal by Mary Lwee Kwi Ling against a 10-week imprisonment sentence for criminal intimidation. Mary was convicted of threatening Quek Chin Huat with a chopper. The High Court dismissed the appeal and enhanced the sentence to three months, considering the death threat with a weapon and the context of private defence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed and sentence enhanced.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Mary Lwee Kwi Ling appealed against her sentence for criminal intimidation. The High Court enhanced her sentence, considering the death threat with a weapon and partial private defence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lwee Kwi Ling MaryAppellantIndividualAppeal DismissedLost
Quek Chin HuatRespondentIndividualSentence EnhancedWon

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes

4. Counsels

Counsel NameOrganization
Edmond PereiraEdmond Pereira & Partners

4. Facts

  1. Mary threatened Quek with a chopper, shouting "I am going to kill you."
  2. The incident occurred at the corridor of unit #27-04, Tower 2A, The Bayshore.
  3. Quek went to the apartment to collect outstanding rent from the Chais.
  4. A scuffle ensued between Quek and Chai, Mary's husband.
  5. Mary was on the phone with Ng, expressing displeasure about Quek collecting rent.
  6. Quek waited outside the apartment after the threat until the police arrived.
  7. Chai suffered an abrasion and a dislocated shoulder during the scuffle.

5. Formal Citations

  1. Lwee Kwi Ling Mary v Quek Chin Huat, MA 146/2002, [2003] SGHC 38

6. Timeline

DateEvent
Criminal intimidation occurred at The Bayshore.
Quek took out a private summons against both the Chais.
High Court rendered decision.
Mary to commence serving her sentence.

7. Legal Issues

  1. Criminal Intimidation
    • Outcome: The court found the appellant guilty of criminal intimidation and enhanced the sentence.
    • Category: Substantive
    • Sub-Issues:
      • Death threat with weapon
      • Effect of threat on victim
      • Acting partially in private defence
    • Related Cases:
      • [2002] 2 SLR 98
      • Sandar s/o Samuvallu v PP (MA 214/96/01)
  2. Sentencing
    • Outcome: The court determined that the initial sentence was too lenient and enhanced it.
    • Category: Procedural
    • Sub-Issues:
      • Whether sentence was manifestly excessive

8. Remedies Sought

  1. Appeal against sentence

9. Cause of Actions

  • Criminal Intimidation

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Luan YuanxinHigh CourtYes[2002] 2 SLR 98SingaporeCited regarding the seriousness of death threats made with a weapon.
Sandar s/o Samuvallu v PPHigh CourtYesSandar s/o Samuvallu v PP (MA 214/96/01)SingaporeCited as a sentencing precedent for criminal intimidation involving a weapon.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 1985 Rev Ed) s 506Singapore
Criminal Procedure Code (Cap 68) s 223Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Criminal intimidation
  • Death threat
  • Chopper
  • Private defence
  • Sentencing
  • Manifestly excessive

15.2 Keywords

  • Criminal Intimidation
  • Sentencing
  • Appeal
  • Singapore
  • Death Threat
  • Weapon
  • Private Defence

17. Areas of Law

Area NameRelevance Score
Criminal Intimidation95
Criminal Law90
Penal Code90
Criminal Procedure85
Sentencing80
Offences70
Private Defence60

16. Subjects

  • Criminal Law
  • Sentencing
  • Criminal Procedure