Public Prosecutor v Low Ah Soy: Culpable Homicide and Mischief Sentencing
In Public Prosecutor v Low Ah Soy, the High Court of Singapore sentenced Low Ah Soy to four years' imprisonment after he pleaded guilty to culpable homicide not amounting to murder and causing mischief. The charges arose from an incident where Low Ah Soy stabbed his wife's lover, Koh Teng Beng, after a confrontation at his flat. The court considered the circumstances of the case, including the accused's mental state and the events leading to the stabbing.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The accused was sentenced to four years’ imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Low Ah Soy pleaded guilty to culpable homicide and mischief after stabbing his wife's lover. The court sentenced him to four years' imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentence of four years’ imprisonment imposed | Won | James Lee of Deputy Public Prosecutor |
| Low Ah Soy | Defendant | Individual | Sentence of four years’ imprisonment imposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| James Lee | Deputy Public Prosecutor |
| Choo Si Sen | Choo and Lim LLC |
| Jennifer Lim Lay Choo | Choo and Lim LLC |
4. Facts
- The accused pleaded guilty to culpable homicide not amounting to murder and causing mischief.
- The accused stabbed Koh Teng Beng three times in the chest, resulting in Koh's death.
- The accused's wife was leaving him for Koh and had filed for divorce.
- Koh threatened the accused with a knife before the accused stabbed him.
- The accused suffered from a moderate depressive episode with somatic symptoms.
- The accused smashed the windscreen of Koh’s car after stabbing him.
5. Formal Citations
- Public Prosecutor v Low Ah Soy, CC 36/2004, [2004] SGHC 249
6. Timeline
| Date | Event |
|---|---|
| Accused telephoned his wife to remove her belongings from the flat. | |
| Accused stabbed Koh Teng Beng. | |
| Judgment issued. |
7. Legal Issues
- Appropriate sentence for culpable homicide not amounting to murder
- Outcome: The court determined that a sentence of four years' imprisonment was appropriate.
- Category: Substantive
- Appropriate sentence for causing mischief
- Outcome: The court determined that a sentence of four years' imprisonment was appropriate.
- Category: Substantive
8. Remedies Sought
- Sentencing
9. Cause of Actions
- Culpable Homicide Not Amounting to Murder
- Mischief
10. Practice Areas
- Criminal Law
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 |
| Penal Code s 427 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Mischief
- Diminished responsibility
- Sentencing
- Depressive episode
15.2 Keywords
- Culpable Homicide
- Mischief
- Sentencing
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Culpable Homicide | 95 |
| Criminal Law | 90 |
| Sentencing | 85 |
| Diminished Responsibility | 70 |
| Property Damage | 40 |
| Psychiatry | 30 |
| Administrative Law | 10 |
16. Subjects
- Criminal Law
- Sentencing