Public Prosecutor v Lim Boon Seng: Culpable Homicide and Mitigation Factors in Debt-Related Stabbing
In Public Prosecutor v Lim Boon Seng, the High Court of Singapore sentenced Lim Boon Seng to three years and six months' imprisonment for culpable homicide not amounting to murder. The incident occurred on 5 November 2003, when Lim fatally stabbed Keng Yew Cheng during a dispute over a debt. The court, presided over by Justice Tay Yong Kwang, considered mitigating factors such as Lim's lack of aggression, genuine remorse, and cooperation with the investigation.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to imprisonment of three years and six months.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lim Boon Seng pleaded guilty to culpable homicide after fatally stabbing Keng Yew Cheng over a debt dispute. The court considered mitigating factors, including the accused's remorse and lack of aggression.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Jason Chan of Deputy Public Prosecutors Winston Cheng of Deputy Public Prosecutors |
| Lim Boon Seng | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jason Chan | Deputy Public Prosecutors |
| Winston Cheng | Deputy Public Prosecutors |
4. Facts
- The accused pleaded guilty to culpable homicide not amounting to murder.
- The accused stabbed the deceased in the chest with a knife, causing his death.
- The incident occurred in front of Block 146 Teck Whye Avenue.
- The accused and the deceased were friends, and the accused owed the deceased $1,800.00.
- The deceased confronted the accused about the debt and started hitting him.
- The accused grabbed a knife and stabbed the deceased once in the chest.
- The accused demonstrated instant and genuine remorse after the stabbing.
5. Formal Citations
- Public Prosecutor v Lim Boon Seng, CC 20/2004, [2004] SGHC 113
6. Timeline
| Date | Event |
|---|---|
| Accused borrowed money from the deceased between September and October. | |
| Accused informed the deceased he was unable to pay back the debt. | |
| The deceased arrived at the market and shouted vulgarities at the accused. | |
| Accused stabbed the deceased in the chest with a knife. | |
| The deceased was pronounced dead by a paramedic. | |
| Post-mortem conducted. | |
| Judgment Date |
7. Legal Issues
- Culpable homicide not amounting to murder
- Outcome: The accused pleaded guilty to the charge.
- Category: Substantive
8. Remedies Sought
- Imprisonment
- Fine
9. Cause of Actions
- Culpable homicide not amounting to murder
10. Practice Areas
- Criminal Procedure and Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 304(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Mitigation
- Remorse
- Debt
- Stabbing
15.2 Keywords
- Culpable homicide
- Mitigation
- Penal Code
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Culpable Homicide | 80 |
| Criminal Procedure | 70 |
| Murder | 50 |
| Criminal Revision | 30 |
16. Subjects
- Criminal Law
- Debt Dispute