Arumugam Selvaraj v Public Prosecutor: Appeal Against Conviction and Sentence for Voluntarily Causing Grievous Hurt
Arumugam Selvaraj appealed to the High Court of Singapore against his conviction and sentence for voluntarily causing grievous hurt to Muthu Palani Sugumaran, in furtherance of a common intention with another person. The High Court, presided over by Aedit Abdullah J, dismissed the appeal against conviction, finding sufficient evidence of common intention to cause grievous hurt, but allowed the appeal against the sentence, reducing it from ten to seven months' imprisonment, deeming the original sentence manifestly excessive.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed in part; appeal against conviction dismissed, appeal against sentence allowed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Arumugam Selvaraj appeals against his conviction and sentence for voluntarily causing grievous hurt. The High Court dismisses the appeal against conviction but allows the appeal against sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal dismissed in part | Partial | Chew Xin Ying of Attorney-General’s Chambers Tan Yen Seow of Attorney-General’s Chambers |
| Arumugam Selvaraj | Appellant | Individual | Appeal dismissed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chew Xin Ying | Attorney-General’s Chambers |
| Tan Yen Seow | Attorney-General’s Chambers |
| Tang Jin Sheng | LVM Law Chambers LLC |
| Aw Jansen | LVM Law Chambers LLC |
4. Facts
- The Appellant and co-accused had an altercation with the victim after the victim sounded his lorry’s horn.
- The co-accused damaged the victim's lorry by kicking its right side mirror.
- The Appellant and co-accused hit the victim on his face and body.
- After the victim fell, they stepped on and kicked his chest and back.
- The victim's right middle finger was fractured during the fight.
- A passing CISCO officer intervened to stop the fight.
- The fight lasted for approximately two minutes.
5. Formal Citations
- Arumugam Selvaraj v Public Prosecutor, Magistrate’s Appeal No 9331 of 2018, [2019] SGHC 199
6. Timeline
| Date | Event |
|---|---|
| Magistrate’s Appeal filed | |
| Hearing date | |
| Hearing date | |
| Hearing date | |
| Judgment issued |
7. Legal Issues
- Common Intention
- Outcome: The court held that the common intention need only be to cause the injury type contemplated by primary offence and not a specific injury.
- Category: Substantive
- Sentencing
- Outcome: The court found that the original sentence was manifestly excessive and reduced it.
- Category: Procedural
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Voluntarily causing grievous hurt
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Daniel Vijay s/o Katherasan and others v Public Prosecutor | Court of Appeal | Yes | [2010] 4 SLR 1119 | Singapore | Cited to determine the scope of common intention required for secondary offenders under Section 34 of the Penal Code. |
| R v Jogee | Supreme Court | Yes | [2016] 2 WLR 681 | United Kingdom | Cited regarding the abolition of joint criminal enterprise in English law and its relevance to Section 34 of the Penal Code. |
| Public Prosecutor v BDB | N/A | Yes | [2018] 1 SLR 127 | Singapore | Cited for the sentencing framework applied in cases of voluntarily causing hurt. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 325 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 34 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 323 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 426 | Singapore |
| Penal Code s 320 | Singapore |
| Penal Code s 300(c) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Common intention
- Grievous hurt
- Sentencing
- Group assault
- Voluntarily causing hurt
15.2 Keywords
- Criminal Law
- Complicity
- Common Intention
- Sentencing
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Criminal Law | 85 |
| Common intention | 80 |
| Complicity | 75 |
| Appeal | 70 |
16. Subjects
- Criminal Law
- Sentencing