PP v Lim Yee Hua: Road Rage Sentencing & Voluntarily Causing Hurt

In Public Prosecutor v Lim Yee Hua, the High Court of Singapore heard cross-appeals regarding the sentencing of Lim Yee Hua for two charges of voluntarily causing hurt to Basil Ho Ping Yong. The court, presided over by Chan Seng Onn J, dismissed Lim's appeal against conviction for the first charge. The Prosecution's appeal against the sentence was allowed in part. The court clarified the principles for sentencing offences involving road rage violence, holding that the deterrent sentencing policy applies only when violence stems from disputes arising from the shared use of roads. The sentence for the first charge remains a fine of SGD 4,000, but the sentence for the second charge is substituted with a three-week imprisonment term.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal against sentence allowed in part. The sentence for the first charge remains a fine of SGD 4,000, but the sentence for the second charge is substituted with a three-week imprisonment term.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Cross-appeals concerning road rage violence. The court clarified the sentencing principles for voluntarily causing hurt.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
PUBLIC PROSECUTORAppellant, RespondentGovernment AgencyAppeal allowed in partPartialMohamed Faizal, Dora Tay
LIM YEE HUARespondent, AppellantIndividualAppeal dismissed in part, imprisonmentLostChentil Kumar Kumarasingam

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Mohamed FaizalAttorney-General’s Chambers
Dora TayAttorney-General’s Chambers
Chentil Kumar KumarasingamOon & Bazul LLP

4. Facts

  1. Lim almost hit Basil at a zebra crossing.
  2. Basil hit the top of Lim’s car with his open palm.
  3. Lim punched Basil on the right side of his face, causing an abrasion to his left eyebrow.
  4. Lim punched Basil on the back of his neck.
  5. The District Judge convicted Lim on both charges and imposed fines.
  6. Both Lim and the Prosecution filed appeals against the District Judge’s decision.
  7. Lim was attempting to interfere with Basil’s making of a police report.

5. Formal Citations

  1. Public Prosecutor v Lim Yee Hua and another appeal, Magistrate’s Appeals Nos 9019 of 2017/01 and 9019 of 2017/02, [2017] SGHC 308

6. Timeline

DateEvent
Incident occurred where Lim almost hit Basil at a zebra crossing
Lim Yee Hua’s Notice of Appeal filed
Prosecution’s Petition of Appeal filed
Lim Yee Hua’s Petition of Appeal filed
Lim Yee Hua’s and Prosecution's Written Submissions dated
Hearing of appeals
Letter from Oon & Bazul LLP sent to the registry
Letter from the Attorney-General’s Chambers sent
Judgment reserved

7. Legal Issues

  1. Road Rage
    • Outcome: The court clarified the definition of road rage and the appropriate sentencing approach.
    • Category: Substantive
    • Sub-Issues:
      • Deterrence
      • Provocation
      • Sentencing Principles
    • Related Cases:
      • [1992] 1 SLR(R) 458
      • [1992] 2 SLR(R) 374
      • [2009] 1 SLR(R) 115
  2. Voluntarily Causing Hurt
    • Outcome: The court considered the harm caused and culpability of the offender in determining the appropriate sentence.
    • Category: Substantive
    • Sub-Issues:
      • Harm Caused
      • Culpability of Offender
      • Mitigating Factors
      • Aggravating Factors
    • Related Cases:
      • [2007] 2 SLR(R) 814

8. Remedies Sought

  1. Custodial Sentence
  2. Fine

9. Cause of Actions

  • Voluntarily Causing Hurt

10. Practice Areas

  • Criminal Law
  • Sentencing

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ong Hwee Leong v Public ProsecutorHigh CourtYes[1992] 1 SLR(R) 458SingaporeCited as a key case establishing the principle of deterrence in road rage sentencing.
Public Prosecutor v Lee Seck HingHigh CourtYes[1992] 2 SLR(R) 374SingaporeCited as a key case emphasizing the need to deter violence on the roads.
Public Prosecutor v Lim Yee HuaDistrict CourtYes[2017] SGMC 6SingaporeThe District Court decision under appeal in the present case.
Public Prosecutor v Lai Yew SingDistrict CourtYes[2008] SGDC 94SingaporeQuoted regarding the price to pay for a moment of folly.
Public Prosecutor v Lawrence Subhas BoseDistrict CourtYes[2009] SGDC 275SingaporeCited as a case with similar facts to the first charge, where the same sentence was meted out.
Wong Hoi Len v Public ProsecutorHigh CourtYes[2009] 1 SLR(R) 115SingaporeDiscussed in relation to sentencing practices in road rage cases; the court clarifies that it does not lay down a benchmark sentence.
Public Prosecutor v Law Aik MengHigh CourtYes[2007] 2 SLR(R) 814SingaporeCited for the general approach to sentencing.
Public Prosecutor v Tan Thian EarnHigh CourtYes[2016] 3 SLR 269SingaporeCited for the general approach to sentencing.
Lim Ying Ying Luciana v Public Prosecutor and another appealHigh CourtYes[2016] 4 SLR 1220SingaporeCited for the general approach to sentencing.
Public Prosecutor v Koh Thiam HuatHigh CourtYes[2017] SGHC 123SingaporeCited for the general approach to sentencing.
Stansilas Fabian Kester v Public ProsecutorHigh CourtYes[2017] SGHC 185SingaporeCited for the general approach to sentencing.
Public Prosecutor v AOBHigh CourtYes[2011] 2 SLR 793SingaporeCited for the circumstances where a custodial sentence is generally not imposed for a s 323 offence.
Sim Yew Thong v Ng Loy Nam Thomas and other appealsHigh CourtYes[2000] 3 SLR(R) 155SingaporeCited for the circumstances where a custodial sentence is generally not imposed for a s 323 offence.
Ng Kean Meng Terence v Public ProsecutorCourt of AppealYes[2017] 2 SLR 449SingaporeCited for the meaning of the terms “benchmark sentence” and “starting point”.
PP v Ong Eng ChongMagistrate CourtYes[2004] SGMC 14SingaporeCited as an example of a road rage case where the accused was sentenced to imprisonment.
Neo Ner v PPHigh CourtYesNeo Ner v PP Magistrate’s Appeal No 113 of 2000SingaporeCited as an example of a road rage case where the accused was sentenced to imprisonment.
Chua Tian Bok Timothy v Public ProsecutorHigh CourtYes[2004] 4 SLR(R) 514SingaporeCited to show that the road rage sentencing policy extends to passengers of vehicles.
Public Prosecutor v Koh Seng KoonDistrict CourtYes[2001] SGDC 90SingaporeCited as a case where the act of violence occurred in a car park, and the road rage sentencing policy applied.
Public Prosecutor v Teo Eu GeneDistrict CourtYes[2010] SGDC 234SingaporeCited as a case where the act of violence occurred in a car park, and the road rage sentencing policy applied.
Public Prosecutor v Eddy SyahputraDistrict CourtYes[2012] SGDC 214SingaporeCited as a case where the act of violence occurred in a car park, and the road rage sentencing policy applied.
Yang Suan Piau Steven v Public ProsecutorHigh CourtYes[2013] 1 SLR 809SingaporeCited for the principle that a custodial sentence should not be lightly imposed.
Public Prosecutor v Cheong Hock Lai and other appealsHigh CourtYes[2004] 3 SLR(R) 203SingaporeCited for the principle that a fine may be sufficient as a deterrent sentence.
Tan Gek Young v Public Prosecutor and another matterHigh CourtYes[2017] SGHC 203SingaporeCited for the principle that a fine may be sufficient as a deterrent sentence.
Public Prosecutor v Lim Choon TeckHigh CourtYes[2015] 5 SLR 1395SingaporeCited for the principle that a fine may be sufficient as a deterrent sentence.
Public Prosecutor v Kwong Kok HingHigh CourtYes[2008] 2 SLR(R) 684SingaporeCited for the rationale for punishment under the criminal law.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed)Singapore
s 323 of the Penal CodeSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Road Rage
  • Deterrence
  • Voluntarily Causing Hurt
  • Sentencing Principles
  • Harm
  • Culpability
  • Provocation
  • Custodial Sentence
  • Fine
  • Aggravating Factors
  • Mitigating Factors

15.2 Keywords

  • Road Rage
  • Sentencing
  • Criminal Law
  • Voluntarily Causing Hurt
  • Deterrence

16. Subjects

  • Criminal Law
  • Sentencing
  • Road Rage

17. Areas of Law

  • Criminal Law
  • Criminal Procedure and Sentencing