Public Prosecutor v Galing Anak Kujat: Murder and Robbery under Penal Code

In Public Prosecutor v Galing Anak Kujat and Jabing Kho, the High Court of Singapore delivered a judgment on July 30, 2010, convicting Galing Anak Kujat and Jabing Kho of murder under Section 302 read with Section 34 of the Penal Code. The case involved the fatal assault of Cao Ruyin during a robbery. The court found that both accused shared a common intention to commit robbery and knew that their actions were likely to cause serious injury, leading to the death of the victim. Both were sentenced to the mandatory death penalty.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Galing Anak Kujat and Jabing Kho were found guilty of murder and sentenced to the mandatory death penalty.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

Galing Anak Kujat and Jabing Kho were convicted of murder for a fatal assault during a robbery. The High Court sentenced them to the mandatory death penalty.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyConvictionWon
Gordon Oh of Deputy Public Prosecutors
Leong Wing Tuck of Deputy Public Prosecutors
Jabing KhoDefendantIndividualGuiltyLost
Galing Anak KujatDefendantIndividualGuiltyLost

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Gordon OhDeputy Public Prosecutors
Leong Wing TuckDeputy Public Prosecutors
Johan IsmailJohan Ismail & Co
Zaminder Singh GillHilborne & Co
Chandra Mohan s/o K NairTan Rajah & Cheah

4. Facts

  1. Galing and Jabing planned to rob two Bangladeshi persons but failed.
  2. The accused then went to Geylang where they spotted Wu Jun and Cao Ruyin.
  3. Jabing picked up a tree branch and struck Cao Ruyin on the head.
  4. Galing assisted by hitting Wu Jun with a belt and later took Cao Ruyin's handphone.
  5. Cao Ruyin died from severe head injuries sustained during the attack.
  6. Galing and Jabing shared the proceeds from the sale of the stolen handphone.

5. Formal Citations

    6. Timeline

    DateEvent
    Wu Jun and Cao Ruyin were attacked near Geylang Drive.
    Cao Ruyin died from his injuries.
    Notes of Evidence
    Notes of Evidence
    Notes of Evidence
    Notes of Evidence
    Judgment reserved.
    First appellant's appeal was dismissed and the second appellant's appeal was allowed by the Court of Appeal.

    7. Legal Issues

    1. Common Intention
      • Outcome: The court found that both accused persons shared a common intention to commit robbery.
      • Category: Substantive
      • Related Cases:
        • [2008] 3 SLR(R) 447
    2. Murder
      • Outcome: The court found that Jabing's actions fell within Section 300(c) of the Penal Code, establishing murder.
      • Category: Substantive
      • Related Cases:
        • AIR 1958 SC 464
        • [2005] 4 SLR(R) 582

    8. Remedies Sought

    1. Conviction
    2. Mandatory Death Penalty

    9. Cause of Actions

    • Murder
    • Robbery

    10. Practice Areas

    • Criminal Litigation

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    Lee Chez Kee v PPCourt of AppealYes[2008] 3 SLR(R) 447SingaporeCited for the interpretation of Section 34 of the Penal Code regarding common intention.
    Virsa Singh v State of PunjabSupreme Court of IndiaYesAIR 1958 SC 464IndiaCited for the elements of Section 300(c) of the Penal Code regarding intention to cause bodily injury.
    PP v Lim Poh LyeCourt of AppealYes[2005] 4 SLR(R) 582SingaporeCited for affirming and applying the analysis of Virsa Singh v State of Punjab regarding Section 300(c) of the Penal Code.

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Penal Code, Chapter 224, Section 302Singapore
    Penal Code, Chapter 224, Section 34Singapore
    Penal Code (Chapter 224, 2008 Rev Ed), s 85(2)Singapore
    Penal Code, Section 300Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Common Intention
    • Murder
    • Robbery
    • Penal Code
    • Head Injuries
    • Tree Branch
    • Belt Buckle
    • Geylang
    • Death Penalty

    15.2 Keywords

    • Murder
    • Robbery
    • Singapore
    • Penal Code
    • Common Intention
    • Death Penalty

    17. Areas of Law

    Area NameRelevance Score
    Criminal Law95
    Murder90
    Theft70
    Criminal Procedure60
    Evidence50

    16. Subjects

    • Criminal Law
    • Murder
    • Robbery
    • Common Intention