Public Prosecutor v Kwong Kok Hing: Sentencing for Attempted Culpable Homicide with Hurt

In Public Prosecutor v Kwong Kok Hing, the High Court of Singapore sentenced Kwong Kok Hing to one year's imprisonment for attempted culpable homicide with hurt. Kwong Kok Hing pushed Low Siew Mui onto the Clementi MRT station tracks. The court, presided over by Justice Choo Han Teck, considered the accused's mental state, as he was suffering from a moderate depressive episode at the time of the offense, and the minor injury sustained by the victim. The court found that the element of hurt was satisfied by Low's statement of pain and soreness in her right calf. The court also considered the dangerous nature of the act but focused on the actual harm caused.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused sentenced to one year's imprisonment.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Kwong Kok Hing was sentenced to one year's imprisonment for attempted culpable homicide after pushing Low Siew Mui onto MRT tracks. The court considered his mental state and the minor injury sustained by the victim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyAccused sentenced to one year's imprisonmentWon
Francis Ng of Deputy Public Prosecutors
Jean Kua of Deputy Public Prosecutors
Luke Tang of Deputy Public Prosecutors
Kwong Kok HingDefendantIndividualAccused sentenced to one year's imprisonmentLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Francis NgDeputy Public Prosecutors
Jean KuaDeputy Public Prosecutors
Luke TangDeputy Public Prosecutors
Shashi NathanHarry Elias Partnership
Anand NalachandranHarry Elias Partnership

4. Facts

  1. The accused pushed Low Siew Mui onto the MRT tracks.
  2. Low Siew Mui landed on her heels and crossed to the other side of the tracks.
  3. An incoming train passed by shortly after Low crossed the tracks.
  4. Low Siew Mui sustained a sore and painful right calf.
  5. The accused was suffering from a moderate depressive episode at the time of the offense.
  6. The accused had been dating Low for about two years prior to the incident, but she wanted to end the relationship.

5. Formal Citations

  1. Public Prosecutor v Kwong Kok Hing, CC 13/2007, [2007] SGHC 86

6. Timeline

DateEvent
Accused pushed Low Siew Mui onto MRT tracks.
Dr. Tan's report was issued.
Accused pleaded guilty to the charge.
Judgment delivered.

7. Legal Issues

  1. Appropriate sentence for charge under s 308 of the Penal Code of attempted culpable homicide with hurt
    • Outcome: The court sentenced the accused to one year's imprisonment.
    • Category: Substantive
  2. Whether minor injury sustained by victim constituted 'hurt' in the context of the charge
    • Outcome: The court found that the element of hurt was satisfied by Low's statement of pain and soreness in her right calf.
    • Category: Substantive

8. Remedies Sought

  1. Imprisonment

9. Cause of Actions

  • Attempted Culpable Homicide

10. Practice Areas

  • Criminal Procedure

11. Industries

  • Transportation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Katun Bee Bte S IbrahimHigh CourtYes[2004] SGHC 46SingaporeCited as a case of culpable homicide not amounting to murder, where the accused was sentenced to three years and six months imprisonment for stabbing a man to death.
PP v Chot Saik KamN/AYes[1990] SLR 756SingaporeCited as a case of attempted culpable homicide not amounting to murder under s 308 of the Penal Code, where the accused was sentenced to three years imprisonment for stabbing his victim several times.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 1985 Rev Ed) s 308Singapore
Penal Code s 300(d)Singapore
Penal Code s 299Singapore
Penal Code s 336Singapore
Penal Code s 337Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Attempted culpable homicide
  • Hurt
  • Moderate depressive episode
  • MRT tracks
  • Sentencing

15.2 Keywords

  • culpable homicide
  • hurt
  • sentencing
  • MRT
  • depression

17. Areas of Law

Area NameRelevance Score
Sentencing95
Penal Code90
Attempted culpable homicide90
Criminal Law90
Criminal Procedure80
Diminished Responsibility60
Personal Injury30

16. Subjects

  • Criminal Law
  • Sentencing