Public Prosecutor v Fatahurhman bin Bakar: Road Rage Sentencing Appeal
In Public Prosecutor v Fatahurhman bin Bakar, the High Court of Singapore heard appeals from both the Public Prosecutor and Fatahurhman bin Bakar regarding charges under the Penal Code. The court dismissed Fatahurhman's appeal against conviction and sentence for both charges. The court allowed the Prosecution’s appeal against the sentence for the charge under Section 323 of the Penal Code, increasing the imprisonment term from 2 weeks to 4 weeks. The case involved a road rage incident.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Accused’s appeal against conviction and sentence for both charges dismissed; Prosecution’s appeal against the sentence for the charge under Section 323 of the Penal Code allowed.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court allowed the Prosecution's appeal, increasing the sentence for a road rage incident involving assault under Section 323 of the Penal Code.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant, Respondent | Government Agency | Appeal allowed in part | Partial | Charlene Tay Chia, M Kayal Pillay |
| Fatahurhman bin Bakar | Respondent, Appellant | Individual | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Charlene Tay Chia | Attorney-General’s Chambers |
| M Kayal Pillay | Attorney-General’s Chambers |
4. Facts
- The Accused and the Victim had a dispute over access to a petrol pump.
- The Accused committed violent acts because the Victim's bus was blocking his path.
- The Victim suffered lateral luxation of two teeth.
- The nerve in the Victim's teeth died, and the teeth were repositioned and splinted.
- The Accused only made partial compensation after his conviction.
- The Accused claimed trial and appealed against his conviction.
5. Formal Citations
- Public ProsecutorvFatahurhman bin Bakar and another appeal, Magistrate’s Appeal No 9322 of 2018/01 and 9322 of 2018/02, [2019] SGHC 232
6. Timeline
| Date | Event |
|---|---|
| Charges MCN 900412/2017 and MCN 900413/2017 filed | |
| Magistrate’s Appeal No 9322 of 2018/01 and 9322 of 2018/02 filed | |
| Judgment delivered | |
| Commencement of sentence deferred |
7. Legal Issues
- Sentencing for Road Rage Violence
- Outcome: The court increased the sentence from 2 weeks’ imprisonment to 4 weeks’ imprisonment for the charge under Section 323 of the Penal Code.
- Category: Substantive
- Related Cases:
- [2018] 3 SLR 1106
- (HC/MA 199/2012/01)
- (HC/MA 9092/2015/01)
- (HC/MA 9089/2018/01)
- (HC/MA 9092/2018/01)
8. Remedies Sought
- Increased Sentence
- Dismissal of Appeal
9. Cause of Actions
- Road Rage
- Assault
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Lim Yee Hua and another appeal | High Court | Yes | [2018] 3 SLR 1106 | Singapore | Cited for the framework on road rage incidents. |
| Senthilnathan s/o Veerappan v Public Prosecutor | High Court | Yes | (HC/MA 199/2012/01) | Singapore | Distinguished based on the severity of injuries and the accused's plea. |
| Neo Hong Chye v Public Prosecutor | High Court | Yes | (HC/MA 9092/2015/01) | Singapore | Cited as a similar case of road rage violence resulting in minor injuries, where a 4-week imprisonment sentence was upheld. |
| Shi Ka Yee v Public Prosecutor | High Court | Yes | (HC/MA 9089/2018/01) | Singapore | Cited as a similar case of road rage violence resulting in minor injuries, where a 4-week imprisonment sentence was upheld. |
| Leong Ban Fatt v Public Prosecutor | High Court | Yes | (HC/MA 9092/2018/01) | Singapore | Cited as a case where the offender claimed trial and was sentenced to 4 weeks’ imprisonment after he was convicted of one count of road rage violence under s 323 of the Penal Code. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 323 of the Penal Code | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Section 352 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Road Rage
- Sentencing
- Manifestly Inadequate
- Harm
- Culpability
- Remorse
- Compensation
- First-time Offender
15.2 Keywords
- Road Rage
- Sentencing
- Criminal Law
- Singapore
- Appeal
16. Subjects
- Criminal Law
- Sentencing
- Road Rage
17. Areas of Law
- Criminal Procedure and Sentencing
- Sentencing
- Appeals
- Road Rage