Public Prosecutor v Mohamed Ridwan: Sentencing for Grievous Hurt with Dangerous Weapons under Penal Code

In Public Prosecutor v Mohamed Ridwan Bin Omar and Others, the High Court of Singapore, delivered on March 5, 2003, sentenced five accused persons for an offence under Section 326 of the Penal Code, read with Section 149, for causing grievous hurt with dangerous weapons. The accused were involved in an attack that resulted in the death of Zulkefelee Bin Md Nor. Mohamed Ridwan Bin Omar was sentenced to eight years’ imprisonment and eight strokes of the cane. Mohd Ashik Bin Zainuddin was sentenced to seven and a half years’ imprisonment and eight strokes of the cane. Mohamed Helmie Bin Abdullah, Norizan Bin Tahir, and Samsul Ariffin Bin Samsudi were each sentenced to eight years’ imprisonment and eight strokes of the cane.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Sentences of imprisonment and caning imposed on all five accused for causing grievous hurt with dangerous weapons.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Sentencing judgment for five accused involved in a fatal attack using knives and wooden poles, convicted under Section 326 read with Section 149 of the Penal Code.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencySentences imposedWon
Tai Wei Shyong of Deputy Public Prosecutors
Hamidul Haq of Deputy Public Prosecutors
Cheok Yu-Liang of Deputy Public Prosecutors
Mohamed Ridwan Bin OmarDefendantIndividualSentence of imprisonment and caningLost
Mohd Ashik Bin ZainuddinDefendantIndividualSentence of imprisonment and caningLost
Mohamed Helmie Bin AbdullahDefendantIndividualSentence of imprisonment and caningLost
Norizan Bin TahirDefendantIndividualSentence of imprisonment and caningLost
Samsul Ariffin Bin SamsudiDefendantIndividualSentence of imprisonment and caningLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Tai Wei ShyongDeputy Public Prosecutors
Hamidul HaqDeputy Public Prosecutors
Cheok Yu-LiangDeputy Public Prosecutors
Ismail HamidIsmail Hamid & Co
PaulPaul, Tan & Harbans
S S DhillonDhillon Dendroff & Partners
Terrence HuaDhillon Dendroff & Partners

4. Facts

  1. Five accused persons attacked Zulkefelee Bin Md Nor and his friends.
  2. The attack occurred outside Legenda Karaoke Lounge.
  3. Knives and wooden poles were used in the attack.
  4. Zulkefelee died as a result of the attack.
  5. None of the accused inflicted the fatal stab wounds.
  6. Accused knew some members of their group were armed with wooden poles.
  7. The accused did not know the actual reason for the attack.

5. Formal Citations

  1. Public Prosecutor v Mohamed Ridwan Bin Omar and Others, CC 7/2003, [2003] SGHC 49

6. Timeline

DateEvent
Attack on Zulkefelee Bin Md Nor and his friends
Arrest of Mohamed Ridwan Bin Omar
Arrest of Mohd Ashik Bin Zainuddin
Arrest of Mohamed Helmie Bin Abdullah
Arrest of Norizan Bin Tahir
Arrest of Samsul Ariffin Bin Samsudi
Judgment delivered
Mohamed Ridwan Bin Omar convicted of affray

7. Legal Issues

  1. Grievous Hurt
    • Outcome: Accused persons found guilty of causing grievous hurt by means of a dangerous weapon.
    • Category: Substantive
  2. Sentencing Considerations
    • Outcome: Sentences of imprisonment and caning imposed based on factors such as seriousness of injuries, group action, and weapon used.
    • Category: Procedural
    • Related Cases:
      • [2002] 4 SLR 176

8. Remedies Sought

  1. Imprisonment
  2. Caning

9. Cause of Actions

  • Voluntarily causing grievous hurt by means of any instrument which, used as a weapon of offence, is likely to cause death

10. Practice Areas

  • Criminal Law
  • Sentencing

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Shamsul bin Abdullah v Public ProsecutorUnknownYes[2002] 4 SLR 176SingaporeCited for factors relevant in sentencing under Section 326 of the Penal Code.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 1985 Rev Ed) s 326Singapore
Penal Code (Cap 224, 1985 Rev Ed) ss 149Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Grievous Hurt
  • Dangerous Weapon
  • Common Object
  • Unlawful Assembly
  • Sentencing
  • Mitigation
  • Group Action

15.2 Keywords

  • Grievous Hurt
  • Sentencing
  • Penal Code
  • Dangerous Weapon
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Criminal Law90
Criminal Procedure85
Sentencing80
Offences75

16. Subjects

  • Criminal Law
  • Sentencing