PP v Tan Chun Seng: Provocation Defence in Murder Case
In Public Prosecutor v Tan Chun Seng, the High Court of Singapore convicted Tan Chun Seng of murder and sentenced him to death. Tan was charged with the murder of Krishnan s/o Sengal Rajah. Tan admitted to hitting Krishnan with a wooden pole, but claimed he did so under grave and sudden provocation. The court, presided over by Justice Choo Han Teck, rejected the defence, finding that the provocation was not grave and sudden enough to excuse the murder.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted and sentenced to death.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Tan Chun Seng was convicted of murder. The court rejected his defence of grave and sudden provocation, sentencing him to death.
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 | Benjamin Yim of Public Prosecutor Ng Cheng Thiam of Public Prosecutor Jared E. Pereira of Public Prosecutor |
| Tan Chun Seng | Defense | Individual | Accused convicted and sentenced to death | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Benjamin Yim | Public Prosecutor |
| Ng Cheng Thiam | Public Prosecutor |
| Jared E. Pereira | Public Prosecutor |
| Wong Seow Pin | SP Wong & Co |
| Luke Lee | Luke Lee & Co |
4. Facts
- The accused was charged with the murder of Krishnan s/o Sengal Rajah.
- The accused admitted to hitting Krishnan with a wooden pole.
- The accused claimed he acted under grave and sudden provocation.
- Krishnan died from severe head injuries.
- The incident occurred at the junction of Perak Road and Dunlop Street.
- The accused claimed Krishnan pushed him on the chest before the attack.
5. Formal Citations
- Public Prosecutor v Tan Chun Seng, CC 3/2003, [2003] SGHC 44
6. Timeline
| Date | Event |
|---|---|
| Krishnan s/o Sengal Rajah was battered to death. | |
| Accused arrested at the Changi Airport Cargo Terminal. | |
| Decision Date |
7. Legal Issues
- Whether ingredients for defence of grave and sudden provocation met
- Outcome: The court held that there was no grave or sudden provocation to excuse the offence.
- Category: Substantive
8. Remedies Sought
- Conviction
- 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 |
|---|---|---|---|---|---|
| Ho Chun Yuen v R | Hong Kong Court of Appeal | Yes | [1961] HKLR 433 | Hong Kong | Cited regarding the principle that conduct from persons other than the deceased may be included as part of provocation from the deceased. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 300(c) Exception 1 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Grave and sudden provocation
- Murder
- Wooden pole
- Changkul
15.2 Keywords
- Murder
- Provocation
- Criminal Law
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Murder | 95 |
| Criminal Law | 90 |
| Penal Code | 80 |
| Provocation | 75 |
| Criminal Procedure | 60 |
| Evidence | 50 |
| Evidence Law | 50 |
| Culpable Homicide | 40 |
| Diminished Responsibility | 40 |
| Endangered Species Law | 0 |
16. Subjects
- Criminal Law
- Murder
- Provocation