PP v Leong Siew Chor: Murder, Consent to Death & Admissibility of Statements

In Public Prosecutor v Leong Siew Chor, the High Court of Singapore, with Justice Tay Yong Kwang presiding on 19 May 2006, found Leong Siew Chor guilty of murder. Leong admitted to causing the death of Liu Hong Mei but claimed she consented as part of a suicide pact, relying on Exception 5 of Section 300 of the Penal Code. The court rejected this defense, finding that Leong acted with the intention to kill Liu to prevent her from exposing his theft of her ATM card and unauthorized withdrawals. The court also addressed the admissibility of Leong's statements to the police, ultimately ruling one statement admissible. Leong was convicted and sentenced to death.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused found guilty as charged and convicted of murder. Mandatory death sentence passed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Leong Siew Chor was charged with the murder of Liu Hong Mei. The defense argued a suicide pact, but the court found Leong guilty.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Lau Wing Yum of Deputy Public Prosecutors
Loke Shiu Meng of Deputy Public Prosecutors
Alvin Koh of Deputy Public Prosecutors
Leong Siew ChorDefendantIndividualConvicted of MurderLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Lau Wing YumDeputy Public Prosecutors
Loke Shiu MengDeputy Public Prosecutors
Alvin KohDeputy Public Prosecutors
Sunil SudheesanHarry Elias & Partners
Subhas AnandanHarry Elias & Partners

4. Facts

  1. Accused admitted to causing the death of the deceased.
  2. Accused claimed the deceased consented to death as part of a suicide pact.
  3. Accused stole the deceased's ATM card and withdrew money without her consent.
  4. Deceased made a police report about the loss of her ATM card and unauthorized withdrawals.
  5. Accused dismembered the deceased's body and disposed of the parts in various locations.
  6. Accused initially lied to the police about his relationship with the deceased and the theft.
  7. Accused later admitted to intending to kill the deceased to prevent her from exposing the theft.

5. Formal Citations

  1. Public Prosecutor v Leong Siew Chor, CC 4/2006, [2006] SGHC 81

6. Timeline

DateEvent
Deceased started working as a production operator in Agere.
Accused was transferred from Team 3 to Team 4 at Agere, becoming the deceased's supervisor.
Deceased signed up for services at Goodluck Friends Centre, a matchmaking agency.
Accused's gross monthly salary amounted to $3,743.
Deceased's total remuneration amounted to $1,400.60.
Accused and deceased checked into Hotel 81 Gold.
Accused stole the deceased's ATM card.
Accused withdrew $1,000 from deceased's account at Tanjong Katong Complex.
Accused withdrew $100 from deceased's account at Joo Chiat Complex.
Accused withdrew $960 from the deceased's account at Haig Road.
Deceased discovered her ATM card was missing and reported unauthorized withdrawals to the police.
Accused strangled the deceased to death at the Geylang flat.
Police found a waterlogged box containing the lower torso of the deceased.
Police found another box containing the upper torso of the deceased.
Accused was asked to go to the conference room of his workplace.
Accused was arrested.
ASP Abdul Halim Osman recorded a statement from the accused.
ASP Joseph Wee recorded a statement from the accused.
Police officers retrieved a plastic bag containing the decomposed head while sieving through rubbish collected from Singapore River.
Police officers uncovered a pair of lower limbs.
Accused gave statement to the investigating officer under s 121 of the CPC.
Second mention in the Subordinate Courts.
Accused gave statement to the investigating officer under s 121 of the CPC.
Accused gave statement to the investigating officer under s 121 of the CPC.
Third mention in court.
Accused brought out for scene investigation.
Accused's family and counsel were allowed to visit him.
Mention in court.
Dr Stephen Phang examined the accused.
Dr Stephen Phang interviewed the accused’s wife and two of his children.
Dr Stephen Phang received a summary of the facts of the case from the investigating officer.
Deceased's sister's customary wedding was held in Singapore.
Judgment reserved.

7. Legal Issues

  1. Consent to Death
    • Outcome: The court found that the deceased did not unconditionally and unequivocally consent to death.
    • Category: Substantive
    • Sub-Issues:
      • Unconditional consent
      • Unequivocal consent
  2. Admissibility of Statements
    • Outcome: The court ruled that one of the accused's statements was admissible in evidence.
    • Category: Procedural
    • Sub-Issues:
      • Breach of constitutional right to counsel
      • Non-compliance with procedure
      • Lack of voluntariness

8. Remedies Sought

  1. Death Penalty

9. Cause of Actions

  • Murder

10. Practice Areas

  • Criminal Law
  • Homicide
  • Criminal Procedure

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hashim bin Saud v Yahaya bin HashimFederal CourtYes[1977] 2 MLJ 116MalaysiaCited for the principle that the right to counsel is subject to a balance between the arrested person’s right to legal advice and the duty of the police to protect the public by carrying out effective investigations.
Jasbir Singh v PPCourt of Criminal AppealYes[1994] 2 SLR 18SingaporeCited for the principle that there is no legal requirement that an accused person should have access to counsel before making a statement to the police under s 121 of the CPC.
Lee Mau Seng v Minister for Home Affairs, Singapore & AnorN/AYesLee Mau Seng v Minister for Home Affairs, Singapore & AnorSingaporeCited regarding the constitutional right of access to counsel within a reasonable time after arrest.
Lim Thian Lai v PPCourt of AppealYes[2006] 1 SLR 319SingaporeCited for the principle that a police officer is not obliged to inform the accused that he may decline to answer any question that might incriminate him and that failure to comply literally with s 121 of the CPC would not render a statement inadmissible.
Queen-Empress v NayamuddinN/AYes(1891) ILR 18 Cal 484IndiaCited for the principle that Exception 5 should receive a strict and not a liberal construction and that the consent envisaged must also be unequivocal and unconditional.
In re: Ambalathil Assainar, Accused, AppellantN/AYes1956 Cri LJ 244N/ACited for the principle that consent must not involve the choice of alternatives to which the person taking the life has driven another.
Regina v LucasN/AYes[1981] QB 720N/ACited for the guiding principles on how lies can be corroborative of guilt.
PP v Yeo Choon PohCourt of AppealYes[1994] 2 SLR 867SingaporeCited for the guiding principles on how lies can be corroborative of guilt.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code, Chapter 224, 1985 Revised Edition, Section 302Singapore
Penal Code, Chapter 224, 1985 Revised Edition, Section 300Singapore
Penal Code, Chapter 224, 1985 Revised Edition, Section 300 Exception 5Singapore
Criminal Procedure Code, Chapter 68, 1985 Revised Edition, Section 376Singapore
Criminal Procedure Code, Chapter 68, 1985 Revised Edition, Section 121Singapore
Criminal Procedure Code, Chapter 68, 1985 Revised Edition, Section 122(6)Singapore
Evidence Act, Chapter 97, 1997 Revised Edition, Section 107Singapore
Constitution of the Republic of Singapore, 1999 Revised Edition, Article 9(3)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Consent to death
  • Suicide pact
  • Voluntariness of statement
  • Dismemberment
  • Theft
  • ATM card
  • Strangulation
  • CCTV recordings

15.2 Keywords

  • Murder
  • Consent
  • Suicide
  • Statements
  • Evidence
  • Criminal Law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Criminal Law90
Consent to Death90
Criminal Procedure80
Evidence70
Constitutional Law30

16. Subjects

  • Criminal Law
  • Homicide
  • Consent to Death
  • Admissibility of Evidence
  • Statements to Police