PP v Leong Soon Kheong: Culpable Homicide & Unlawful Assembly in Lucky Chinatown Arcade Assault

In Public Prosecutor v Leong Soon Kheong, the High Court of Singapore sentenced Leong Soon Kheong to four years and nine months' imprisonment after he pleaded guilty to culpable homicide not amounting to murder under section 304(b) of the Penal Code, read with section 149. The charge arose from an incident on 15 February 2003, where the Accused, as part of an unlawful assembly, caused hurt to the deceased, Wong Dao Jing, resulting in his death. The court considered the Accused's culpability, mitigating factors, and sentencing precedents in determining the appropriate sentence. The Public Prosecutor has filed an appeal against the sentence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

The Accused was sentenced to four years and nine months’ imprisonment.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Leong Soon Kheong pleaded guilty to culpable homicide. The court sentenced him to four years and nine months' imprisonment for his role in an assault.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencySentence imposedNeutral
Jean Chan Lay Koon of Attorney-General’s Chambers
Amarjit Singh of Attorney-General’s Chambers
Leong Soon KheongDefendantIndividualSentence imposedLost

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Jean Chan Lay KoonAttorney-General’s Chambers
Amarjit SinghAttorney-General’s Chambers
ThangaveluStraits Law Practice LLC

4. Facts

  1. The deceased took an unattended haversack from an arcade.
  2. The Accused's accomplices confronted the deceased about the haversack.
  3. The Accused arrived and rebuked the deceased for being arrogant.
  4. The Accused shouted "Take weapon!" but no weapon was produced.
  5. The Accused's accomplices assaulted the deceased, who later died.
  6. The Accused admitted he intended to assault the deceased but was prevented by the narrow stairwell.
  7. The Accused told the deceased's friends to take him away and not report the incident to the police.

5. Formal Citations

  1. Public Prosecutor v Leong Soon Kheong, CC 24/2008, [2008] SGHC 208
  2. Public Prosecutor v Lim Ah Seng, , [2007] 2 SLR 957
  3. Public Prosecutor v Jamal anak Nyalau and Others, , [2002] 3 SLR 66
  4. Public Prosecutor v Raffi Bin Jelan and Another, , [2004] SGHC 120
  5. Public Prosecutor v Aw Teck Hock, , [2003] 1 SLR 167
  6. Public Prosecutor v Teo Heng Chye, , [1989] 3 MLJ 205
  7. Angliss Singapore Pte Ltd v PP, , [2006] 4 SLR 653
  8. Public Prosecutor v Chan Soi Peng, , [2007] SGHC 184
  9. Public Prosecutor v Teo Chee Seng, , [2005] 2 SLR 365
  10. Public Prosecutor v Katun Bee Bte S Ibrahim, , [2004] SGHC 46
  11. Public Prosecutor v Low Ah Soy, , [2004] SGHC 249
  12. Public Prosecutor v Lim Boon Seng, , [2004] SGHC 113
  13. Tan Seng Aik v Public Prosecutor, , [1992] SGCA 59
  14. Public Prosecutor v Teo Chee Seng, , [2005] 3 SLR 250

6. Timeline

DateEvent
Deceased took haversack from arcade.
Confrontation at stairwell; deceased assaulted.
Deceased died at Singapore General Hospital.
Accused apprehended by Malaysian police.
Accused handed over to Singapore police.
Accused remanded.
Judgment issued.

7. Legal Issues

  1. Culpable Homicide
    • Outcome: The court found the Accused guilty of culpable homicide not amounting to murder under s 304(b) of the Penal Code read together with s 149 of the PC.
    • Category: Substantive
    • Sub-Issues:
      • Common intention
      • Unlawful assembly
      • Causation
  2. Sentencing
    • Outcome: The court sentenced the Accused to four years and nine months’ imprisonment, considering aggravating and mitigating factors and sentencing precedents.
    • Category: Procedural
    • Sub-Issues:
      • Aggravating factors
      • Mitigating factors
      • Sentencing precedents
    • Related Cases:
      • [2007] 2 SLR 957
      • [2002] 3 SLR 66
      • [2004] SGHC 120
      • [2003] 1 SLR 167
      • [1989] 3 MLJ 205
      • [2006] 4 SLR 653
      • [2007] SGHC 184
      • [2005] 2 SLR 365
      • [2004] SGHC 46
      • [2004] SGHC 249
      • [2004] SGHC 113
      • [1992] SGCA 59
      • [2005] 3 SLR 250

8. Remedies Sought

  1. Imprisonment

9. Cause of Actions

  • Culpable Homicide
  • Unlawful Assembly

10. Practice Areas

  • Criminal Law
  • Sentencing Guidelines

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Lim Ah SengHigh CourtYes[2007] 2 SLR 957SingaporeCited for the principle that sentencing in culpable homicide cases requires judicial discretion based on the specific facts of each case.
Public Prosecutor v Jamal anak Nyalau and OthersHigh CourtYes[2002] 3 SLR 66SingaporeCited as a sentencing precedent involving group violence, but distinguished due to the Accused not physically assaulting the deceased.
Public Prosecutor v Raffi Bin Jelan and AnotherHigh CourtYes[2004] SGHC 120SingaporeCited as a sentencing precedent involving robbery and violence against a vulnerable victim, but distinguished due to the Accused's lack of physical assault and the deceased's provocation.
Public Prosecutor v Aw Teck HockHigh CourtYes[2003] 1 SLR 167SingaporeCited as a sentencing precedent involving violence against a frail victim, but distinguished due to the Accused's lack of physical assault and the deceased's provocation.
Public Prosecutor v Teo Heng ChyeUnknownYes[1989] 3 MLJ 205UnknownCited as a sentencing precedent involving the use of a weapon, but deemed irrelevant due to the Accused's lack of physical assault and the use of weapons in the cited case.
Angliss Singapore Pte Ltd v PPHigh CourtYes[2006] 4 SLR 653SingaporeCited for the principle that an early bid to cooperate with investigating authorities is a persuasive indication of genuine remorse.
Public Prosecutor v Chan Soi PengHigh CourtYes[2007] SGHC 184SingaporeCited as a sentencing precedent involving provocation and retaliation, but distinguished due to the Accused's lack of physical assault.
Public Prosecutor v Teo Chee SengHigh CourtYes[2005] 2 SLR 365SingaporeCited as a sentencing precedent involving the death of an infant, but distinguished due to the vulnerability of the victim and the Accused's lack of physical assault.
Public Prosecutor v Katun Bee Bte S IbrahimHigh CourtYes[2004] SGHC 46SingaporeCited as a sentencing precedent involving a stabbing after a quarrel, but distinguished due to the Accused's lack of physical assault.
Public Prosecutor v Low Ah SoyHigh CourtYes[2004] SGHC 249SingaporeCited as a sentencing precedent involving a stabbing after provocation, but distinguished due to the Accused's lack of physical assault.
Public Prosecutor v Lim Boon SengHigh CourtYes[2004] SGHC 113SingaporeCited as a sentencing precedent involving a stabbing after a dispute, but distinguished due to the Accused's lack of physical assault.
Tan Seng Aik v Public ProsecutorCourt of AppealYes[1992] SGCA 59SingaporeCited as a sentencing precedent involving self-defense against a gang, but distinguished due to the specific facts of the case.
Public Prosecutor v Teo Chee SengCourt of AppealYes[2005] 3 SLR 250SingaporeCited as a sentencing precedent involving the death of an infant, but distinguished due to the vulnerability of the victim and the Accused's lack of physical assault.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 1985 Rev Ed) s 304(b)Singapore
Penal Code (Cap 224, 1985 Rev Ed) s 149Singapore
Penal Code s 323Singapore
Penal Code s 394Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Culpable homicide
  • Unlawful assembly
  • Common object
  • Haver sack
  • Stairwell
  • Accomplices
  • Provocation
  • Remorse
  • Sentencing
  • Ring leader

15.2 Keywords

  • culpable homicide
  • unlawful assembly
  • arcade assault
  • sentencing
  • Singapore
  • Penal Code

17. Areas of Law

Area NameRelevance Score
Culpable Homicide95
Criminal Law90
Sentencing60
Unlawful assembly50
Criminal Procedure40
Torts30
Voluntarily Causing Hurt30
Contract Law10

16. Subjects

  • Criminal Law
  • Sentencing
  • Homicide