Chang Yam Song v PP: Voluntarily Causing Grievous Hurt & Private Defence
Chang Yam Song appealed to the High Court of Singapore against his conviction and sentence in the District Court for voluntarily causing grievous hurt to Chua Joong Wah under Section 325 of the Penal Code. The incident occurred on March 9, 2004, when Chang punched Chua, causing a nasal bone fracture, during a dispute over a debt and documents. Yong Pung How CJ dismissed the appeal, finding no error in the trial judge's assessment of witness credibility and upholding the conviction and increasing the sentence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal against conviction and sentence dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Chang Yam Song appeals conviction for voluntarily causing grievous hurt to Chua Joong Wah. The High Court dismissed the appeal, finding no error in the trial judge's assessment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chang Yam Song | Appellant | Individual | Appeal Dismissed | Lost | |
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Christopher De Souza |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher De Souza | Deputy Public Prosecutor |
4. Facts
- The appellant owed Chua Joong Wah a substantial sum of money.
- The appellant and Chua met by chance on March 9, 2004.
- The appellant demanded to see the contents of Chua's file, but Chua refused.
- The appellant punched Chua on the face, causing a nasal bone fracture.
- The district judge found Chua to be a credible witness.
- The appellant had previous convictions for unlawful assembly and cheating.
5. Formal Citations
- Chang Yam Song v Public Prosecutor, MA 21/2005, [2005] SGHC 142
6. Timeline
| Date | Event |
|---|---|
| Incident occurred where Chang Yam Song punched Chua Joong Wah. | |
| Dr. Paul Mok Kan Hwei reviewed Chua Joong Wah's condition. | |
| Dr. Mok prepared a medical report. | |
| High Court dismissed Chang Yam Song's appeal. |
7. Legal Issues
- Voluntarily Causing Grievous Hurt
- Outcome: The court found that the appellant did voluntarily cause grievous hurt to the victim.
- Category: Substantive
- Accident
- Outcome: The court found that the act was not done by accident or misfortune and with proper care and caution.
- Category: Substantive
- Private Defence
- Outcome: The court found that the appellant was not under reasonable apprehension of danger to body from attempt or threat to commit offence.
- Category: Substantive
- Findings of Fact Based on Assessment of Witnesses' Credibility and Veracity
- Outcome: The court upheld the trial judge's findings as not plainly wrong or against the weight of objective evidence.
- Category: Procedural
- Aggravating Factors in Sentencing
- Outcome: The court considered the appellant's conduct at trial and the fact that he was charged with a more serious offence as aggravating factors.
- Category: Procedural
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Voluntarily Causing Grievous Hurt
10. Practice Areas
- Criminal Appeals
- Voluntarily Causing Grievous Hurt
- Private Defence
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ang Jwee Herng v PP | High Court | Yes | [2001] 2 SLR 474 | Singapore | Cited for the principle that an appellate court will be slow to overturn findings of fact by the trial judge, especially when an assessment of the credibility and veracity of the witnesses has been made. |
| Lim Ah Poh v PP | High Court | Yes | [1992] 1 SLR 713 | Singapore | Cited regarding the instance when interference is warranted is where the assessment was plainly wrong or against the weight of the objective evidence before the court, or where the assessment was based not so much on observing the demeanour of the witnesses but on inferences drawn from his evidence |
| PP v Choo Thiam Hock | High Court | Yes | [1994] 3 SLR 248 | Singapore | Cited regarding the instance when interference is warranted is where the assessment was plainly wrong or against the weight of the objective evidence before the court, or where the assessment was based not so much on observing the demeanour of the witnesses but on inferences drawn from his evidence |
| Ong Ting Ting v PP | High Court | Yes | [2004] 4 SLR 53 | Singapore | Cited regarding the principles are especially significant in a case like the present where the court is presented with directly contradictory versions of the events from the interested parties |
| Browne v Dunn | N/A | Yes | (1893) 6 R 67 | N/A | Cited for the procedural rule that any matter upon which it is proposed to contradict the evidence-in-chief given by the witness must normally be put to him so that he may have an opportunity of explaining the contradiction, and failure to do this may be held to imply acceptance of the evidence-in-chief |
| Arts Niche Cyber Distribution Pte Ltd v PP | High Court | Yes | [1999] 4 SLR 111 | Singapore | Cited for the procedural rule that any matter upon which it is proposed to contradict the evidence-in-chief given by the witness must normally be put to him so that he may have an opportunity of explaining the contradiction, and failure to do this may be held to imply acceptance of the evidence-in-chief |
| Chua Keem Long v PP | High Court | Yes | [1996] 1 SLR 510 | Singapore | Cited for the discretion conferred upon the prosecution cannot be fettered by any obligation to call a particular witness. What the prosecution has to do is to prove its case. |
| Sim Yew Thong v Ng Loy Nam Thomas | High Court | Yes | [2000] 4 SLR 193 | Singapore | Cited for the explanation of “intention” and “knowledge” given in Sim Yew Thong v Ng Loy Nam Thomas [2000] 4 SLR 193 (“Sim Yew Thong”) at [18]. |
| Louis Pius Gilbert v PP | High Court | Yes | [2003] 1 SLR 417 | Singapore | Cited for the Anyone must know that punching someone repeatedly would likely lead to grievous hurt. It cannot be an excuse to say that he had under-estimated his own strength and that he had only expected simple hurt to be caused. If one makes a decision to punch another person, he bears the risk of causing grievous, rather than just simple, hurt. |
| Yeo Kwan Wee Kenneth v PP | High Court | Yes | [2004] 2 SLR 45 | Singapore | Cited for the there is … no rule of law that the testimony of a witness must be believed in its entirety or not at all. A court is competent, for good and cogent reasons, to accept one part of the testimony of a witness and reject the other |
| Tan Koon Swan v PP | High Court | Yes | [1986] SLR 126 | Singapore | Cited for the it is well settled that an appellate court will not interfere with the sentence passed by a trial judge unless it is satisfied that the trial judge has made a wrong decision as to the proper factual basis for sentencing, has erred in appreciating the materials placed before him, has passed a sentence which is wrong in principle, or has imposed a sentence which is manifestly excessive |
| Trade Facilities Pte Ltd v PP | High Court | Yes | [1995] 2 SLR 475 | Singapore | Cited for the fact that a defendant has all but spun an entire fairy tale in court is a relevant consideration when sentencing |
| Lewis Christine v PP | High Court | Yes | [2001] 3 SLR 165 | Singapore | Cited for the While accused persons are free to prove their innocence, it must be made clear that this does not translate to a liberty to blatantly besmirch the repute of prosecution witnesses behind the shield of privilege in judicial proceedings. |
| Tan Koon Swan v PP | N/A | Yes | [1987] 2 MLJ 129 | Malaysia | Cited for the it is well settled that an appellate court will not interfere with the sentence passed by a trial judge unless it is satisfied that the trial judge has made a wrong decision as to the proper factual basis for sentencing, has erred in appreciating the materials placed before him, has passed a sentence which is wrong in principle, or has imposed a sentence which is manifestly excessive |
| Sundara Moorthy Lankatharan v PP | High Court | Yes | [1997] 3 SLR 464 | Singapore | Cited for the there is … no rule of law that the testimony of a witness must be believed in its entirety or not at all. A court is competent, for good and cogent reasons, to accept one part of the testimony of a witness and reject the other |
| Jimina Jacee d/o C D Athananasius v PP | High Court | Yes | [2001] 1 SLR 205 | Singapore | Cited for the there is … no rule of law that the testimony of a witness must be believed in its entirety or not at all. A court is competent, for good and cogent reasons, to accept one part of the testimony of a witness and reject the other |
| Hon Chi Wan Colman v PP | High Court | Yes | [2002] 3 SLR 558 | Singapore | Cited for the there is … no rule of law that the testimony of a witness must be believed in its entirety or not at all. A court is competent, for good and cogent reasons, to accept one part of the testimony of a witness and reject the other |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 325 Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Section 80 Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Section 102 Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Grievous Hurt
- Voluntarily Causing Hurt
- Private Defence
- Accident
- Credibility of Witnesses
- Aggravating Factors
- Nasal Bone Fracture
15.2 Keywords
- grievous hurt
- penal code
- criminal law
- singapore
- appeal
- private defence
- accident
16. Subjects
- Criminal Law
- Criminal Procedure
- Sentencing
- Appeals
17. Areas of Law
- Criminal Law
- Criminal Procedure
- Sentencing