Wong Shan Shan v Public Prosecutor: Vandalism and Intentional Harassment Sentencing Appeal
Wong Shan Shan appealed to the High Court of Singapore against the sentence imposed by the District Court for two counts of vandalism and two counts of intentional harassment. The High Court, presided over by Lee Seiu Kin J, found the original sentence manifestly excessive, considering the appellant's age, mental condition, and the failure to consider a probation report. The court reduced the sentence, allowing for the appellant's immediate release.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against a manifestly excessive sentence for vandalism and intentional harassment. The High Court reduced the sentence, considering the appellant's age and mental condition.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Lost | Lost | Leong Wing Tuck of Deputy Public Prosecutor |
| Wong Shan Shan | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Leong Wing Tuck | Deputy Public Prosecutor |
4. Facts
- The appellant vandalized the outside walls and doors of units and lifts with abusive messages.
- The appellant sent obscenity-laced SMSes to the couple's handphones.
- The appellant pleaded guilty to two counts of vandalism and two counts of intentional harassment.
- The district judge sentenced the appellant to imprisonment and a fine.
- The appellant had been diagnosed with a possible early paranoid psychosis or a paranoid personality.
- The appellant was 19 years old at the time of the offences.
- The appellant had previous tiffs with her neighbour, a Sikh couple (Mr and Mrs Singh).
5. Formal Citations
- Wong Shan Shan v Public Prosecutor, MA 239/2007, [2008] SGHC 49
6. Timeline
| Date | Event |
|---|---|
| Vandalism and harassment occurred in June and July 2007 | |
| Mediation at the subordinate courts in July 2006 | |
| Appellant used a black spray can on the door and main gate of unit #10-35 | |
| Appellant used a black marker pen to write a vulgar expression on the wall outside unit #14-39 | |
| Appellant remanded in Woodbridge Hospital | |
| Appellant released from Woodbridge Hospital | |
| Appellant incarcerated | |
| Appeal heard; sentence reduced; appellant released | |
| Decision Date |
7. Legal Issues
- Manifestly Excessive Sentence
- Outcome: The High Court found the original sentence manifestly excessive.
- Category: Substantive
- Appropriateness of Probation
- Outcome: The High Court held that the district judge should have called for a probation report.
- Category: Procedural
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Vandalism
- Intentional Harassment
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Raja s/o Shevalingam v PP | High Court | Yes | Raja s/o Shevalingam v PP (MA 195/92/01) | Singapore | Cited to compare the severity of the vandalism act and sentence imposed. |
| Fay v PP | High Court | Yes | Fay v PP [1994] 2 SLR 154 | Singapore | Cited as an example where the accused was sentenced to imprisonment and caning for vandalism charges. |
| Chua Boon Liang v PP | High Court | Yes | Chua Boon Liang v PP (MA 256/92/01) | Singapore | Cited as an example of vandalism for the purpose of money-lending being an aggravating factor. |
| Soh Chik Seng v PP | High Court | Yes | Soh Chik Seng v PP (MA 56/93/01) | Singapore | Cited as an example of vandalism for the purpose of money-lending being an aggravating factor. |
| Goh Lee Yin v Public Prosecutor | High Court | Yes | Goh Lee Yin v Public Prosecutor [2006] 1 SLR 530 | Singapore | Cited to highlight the value of a well-crafted probation report in sentencing. |
| Public Prosecutor v Mohammad Al-Ansari bin Basri | High Court | Yes | Public Prosecutor v Mohammad Al-Ansari bin Basri [2007] SGHC 187 | Singapore | Cited to emphasize that rehabilitation is the primary sentencing objective for young offenders. |
| Public Prosecutor v Mok Ping Wuen Maurice | High Court | Yes | Public Prosecutor v Mok Ping Wuen Maurice [1999] 1 SLR 138 | Singapore | Cited to support the judicial practice of requiring a probation report before sentencing a young offender. |
| Tan Kah Eng v PP | High Court | Yes | Tan Kah Eng v PP [1965] 2 MLJ 272 | Malaysia | Cited to support the principle that first offenders under 21 years should be kept out of prison unless the offence is serious. |
| Teo Siew Peng v PP | High Court | Yes | Teo Siew Peng v PP [1985] 2 MLJ 125 | Malaysia | Cited to emphasize the importance of considering reformative factors, probation reports, and the character of young offenders in sentencing. |
| R v Smith | Court of Criminal Appeal | Yes | R v Smith [1964] Crim LR 70 | United Kingdom | Cited to highlight that the public interest is best served by helping young offenders become good citizens. |
| Wu Si Yuan v Public Prosecutor | High Court | Yes | Wu Si Yuan v Public Prosecutor [2003] SGHC 7 | Singapore | Cited to show that a court may reject probation even if the probation officer recommends it. |
| Public Prosecutor v Chen Huanye | High Court | Yes | Public Prosecutor v Chen Huanye [1999] SGHC 48 | Singapore | Cited to show that a court may order probation even with the probation officer's misgivings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Vandalism Act (Cap 341, 1985 Rev Ed) | Singapore |
| Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184, 1997 Rev Ed) | Singapore |
| Probation of Offenders Act (Cap 252, 1985 Rev Ed) | Singapore |
| Registration of Criminals Act (Cap 268, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Vandalism
- Intentional Harassment
- Probation Report
- Manifestly Excessive
- Paranoid Psychosis
- SMSes
- Mitigation Plea
15.2 Keywords
- vandalism
- harassment
- sentencing
- probation
- criminal law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Procedure | 90 |
| Criminal Law | 90 |
| Sentencing | 90 |
| Harassment | 70 |
| Vandalism | 70 |
| Torts | 30 |
| Administrative Law | 10 |
16. Subjects
- Criminal Procedure
- Sentencing
- Vandalism
- Harassment
- Probation