Yeo Kwan Wee Kenneth v Public Prosecutor: Grievous Hurt & Sentencing Appeal
In Yeo Kwan Wee Kenneth v Public Prosecutor, the High Court of Singapore heard an appeal against the conviction and sentence of Yeo Kwan Wee Kenneth, who was found guilty in the District Court of voluntarily causing grievous hurt to Tan Shien Ming Ian. The incident occurred at Zouk Discotheque, where Yeo struck Ian with a glass, causing permanent disfiguration to Ian's face. Yong Pung How CJ dismissed the appeal against conviction but allowed the appeal against the sentence, reducing it from 18 months' imprisonment and three strokes of the cane to 12 months' imprisonment and three strokes of the cane.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal against conviction dismissed. Appeal against sentence allowed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Yeo Kwan Wee Kenneth appeals conviction and sentence for voluntarily causing grievous hurt. The appeal against conviction was dismissed, but the appeal against sentence was allowed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal against conviction upheld | Won | Eddy Tham of Deputy Public Prosecutor |
| Yeo Kwan Wee Kenneth | Appellant | Individual | Appeal against conviction dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eddy Tham | Deputy Public Prosecutor |
| Subhas Anandan | Harry Elias Partnership |
4. Facts
- The appellant struck the victim's face with a glass at Zouk Discotheque.
- The victim sustained a deep cut on his cheek, resulting in permanent disfiguration.
- The appellant claimed the injury was accidental, occurring when he lost his balance.
- The trial judge found the appellant's testimony evasive and inconsistent.
- CCTV footage showed the appellant's arm extended towards the victim, who was shielding himself.
- The victim's facial injury was a deep, horizontal, 6 to 7cm Y-shaped laceration.
- The appellant left the scene immediately after the incident without offering assistance.
5. Formal Citations
- Yeo Kwan Wee Kenneth v Public Prosecutor, MA 152/2003, [2004] SGHC 44
6. Timeline
| Date | Event |
|---|---|
| Incident occurred at Zouk Discotheque | |
| Case filed | |
| Judgment issued |
7. Legal Issues
- Voluntarily causing grievous hurt
- Outcome: The court upheld the conviction for voluntarily causing grievous hurt.
- Category: Substantive
- Appeal against finding of fact by trial judge
- Outcome: The court affirmed the trial judge's findings of fact, stating that an appellate court will be slow to disturb a lower court’s findings of fact unless they are plainly wrong or against the weight of the evidence.
- Category: Procedural
- Whether sentence manifestly excessive
- Outcome: The court found the original sentence manifestly excessive and reduced it.
- Category: Procedural
- Failure to put one's case to witness in cross-examination
- Outcome: The court found that the appellant had offended the rule in Browne v Dunn by failing to cross-examine a witness on a key point.
- Category: Procedural
- Inconsistencies in testimony
- Outcome: The court found that it was entitled to accept one part of a witness's testimony and reject another part.
- Category: Procedural
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Voluntarily Causing Grievous Hurt
10. Practice Areas
- Criminal Appeals
- Sentencing
- Grievous Hurt
11. Industries
- Nightlife
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Toh Lam Seng v PP | High Court | Yes | [2003] 2 SLR 346 | Singapore | Cited to explain that provocation is not a general defence under the Penal Code. |
| PP v Kwan Cin Cheng | High Court | Yes | [1998] 2 SLR 345 | Singapore | Cited for the legal requirements of grave and sudden provocation. |
| Seah Kok Meng v PP | High Court | Yes | [2001] 3 SLR 135 | Singapore | Cited for the legal requirements of grave and sudden provocation. |
| Yap Giau Beng Terence v PP | High Court | Yes | [1998] 3 SLR 656 | Singapore | Cited for the principle that an appellate court will be slow to disturb a lower court’s findings of fact unless they are plainly wrong or against the weight of the evidence. |
| PP v Azman bin Abdullah | High Court | Yes | [1998] 2 SLR 704 | Singapore | Cited for the principle that an appellate court must be convinced that the trial judge's decision is wrong to reverse it. |
| Tuen Huan Rui Mary v PP | High Court | Yes | [2003] 3 SLR 70 | Singapore | Cited for the principle that an appellate court must be convinced that the trial judge's decision is wrong to reverse it. |
| Sundara Moorthy Lankatharan v PP | High Court | Yes | [1997] 3 SLR 464 | Singapore | Cited for the principle that a court is competent to accept one part of the testimony of a witness and reject another part. |
| Jimina Jacee d/o C D Athananasius v PP | High Court | Yes | [2000] 1 SLR 205 | Singapore | Cited for the principle that a court is competent to accept one part of the testimony of a witness and reject another part. |
| Hon Chi Wan Colman v PP | High Court | Yes | [2002] 3 SLR 558 | Singapore | Cited for the principle that a court is competent to accept one part of the testimony of a witness and reject another part. |
| Browne v Dunn | House of Lords | Yes | (1893) 6 R 67 | United Kingdom | Cited for the rule that contradictory facts must be put to the witness during cross-examination to give the witness an opportunity to respond. |
| Liza bte Ismail v PP | High Court | Yes | [1997] 2 SLR 454 | Singapore | Cited for the central purpose of the rule in Browne v Dunn, which is to secure procedural fairness in litigation. |
| Arts Niche Cyber Distribution Pte Ltd v PP | High Court | Yes | [1999] 4 SLR 111 | Singapore | Cited for the principle that any testimony left unchallenged may be treated by the court as undisputed and therefore accepted by the opposing party. |
| Tan Koon Swan v PP | High Court | Yes | [1986] SLR 126 | Singapore | Cited for the principle that an appellate court will generally not interfere with the sentence passed by a lower court unless it is satisfied that there was some error of fact or principle, or that the sentence imposed was manifestly excessive or unjust. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 325 | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) ss 320 | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) ss 322 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Grievous Hurt
- Permanent Disfiguration
- Voluntarily Causing Hurt
- Provocation
- Mens Rea
- CCTV Footage
- Rule in Browne v Dunn
- Mitigating Factors
- Manifestly Excessive Sentence
15.2 Keywords
- Grievous Hurt
- Sentencing
- Criminal Law
- Singapore
- Appeal
- Disfiguration
- Zouk
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Criminal Procedure | 85 |
| Evidence Law | 80 |
| Sentencing | 75 |
| Personal Injury | 30 |
16. Subjects
- Criminal Law
- Sentencing
- Evidence