Seah Lei Sie Linda v Public Prosecutor: Abetment, Voluntarily Causing Hurt, and Causation in Criminal Law
In Seah Lei Sie Linda v Public Prosecutor, the Court of Appeal of Singapore addressed a criminal motion concerning the applicant's charges of voluntarily causing hurt to her domestic helper. The applicant sought leave to refer questions regarding whether instructing someone to self-harm constitutes voluntarily causing hurt under section 323 of the Penal Code. The court dismissed the application, finding that the questions did not raise issues of public interest and that the answers were already clear in law. The court also clarified its view on causation, distinguishing it from an unduly expansive view taken in a previous case.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal considered whether instructing someone to self-harm constitutes voluntarily causing hurt. The court denied leave to refer questions, finding no public interest.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Won | Deborah Lee of Attorney-General’s Chambers Ang Feng Qian of Attorney-General’s Chambers |
| Seah Lei Sie Linda | Applicant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Judge of Appeal | No |
| Judith Prakash | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Deborah Lee | Attorney-General’s Chambers |
| Ang Feng Qian | Attorney-General’s Chambers |
| Adrian Wee | Characterist LLC |
| Rachel Soh | Characterist LLC |
4. Facts
- The applicant was charged with voluntarily causing hurt to her domestic helper.
- Three charges related to incidents where the applicant instructed the victim to commit acts of self-harm.
- The District Judge convicted the applicant of all six charges, including the abetment charges.
- The Judge amended the abetment charges in terms of the applicant having voluntarily caused hurt to the victim.
- The applicant sought leave to refer questions arising from the amendments made to the abetment charges.
- The victim was instructed to pour hot water onto herself.
- The victim had no real choice in the matter.
5. Formal Citations
- Seah Lei Sie Linda v Public Prosecutor, Criminal Motion No 20 of 2019, [2020] SGCA 26
6. Timeline
| Date | Event |
|---|---|
| Criminal Motion No 20 of 2019 filed | |
| Judgment delivered | |
| Commencement of Applicant’s sentence of 36 months’ imprisonment deferred |
7. Legal Issues
- Causation
- Outcome: The court found that the applicant's act of instructing the victim to harm herself was an act that caused hurt to the victim.
- Category: Substantive
- Related Cases:
- [2012] SCJ 24
- [2008] 1 AC 269
- Abetment
- Outcome: The Judge considered that the Abetment charges had been inappropriately framed.
- Category: Substantive
- Leave to Refer
- Outcome: Leave to refer was denied.
- Category: Procedural
- Related Cases:
- [2014] 2 SLR 393
- [2017] 2 SLR 1130
- [2013] 2 SLR 141
- [1982] 1 MLJ 139
8. Remedies Sought
- Leave to refer questions of law
9. Cause of Actions
- Voluntarily causing hurt
- Abetment
10. Practice Areas
- Criminal Appeals
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Li Weiming and others | High Court | Yes | [2014] 2 SLR 393 | Singapore | Cited for the cumulative conditions that must be satisfied before leave can be granted under s 397(1) of the Criminal Procedure Code. |
| Chew Eng Han v Public Prosecutor | High Court | Yes | [2017] 2 SLR 1130 | Singapore | Cited for the cumulative conditions that must be satisfied before leave can be granted under s 397(1) of the Criminal Procedure Code. |
| Mohammad Faizal bin Sabtu and another v Public Prosecutor and another matter | High Court | Yes | [2013] 2 SLR 141 | Singapore | Cited for the principles regarding whether a question of law is a question of public interest. |
| A Ragunathan v Pendakwa Raya | Malaysian Federal Court | Yes | [1982] 1 MLJ 139 | Malaysia | Cited for the principles regarding whether a question of law is a question of public interest. |
| R v Maybin | Supreme Court of Canada | Yes | [2012] SCJ 24 | Canada | Cited as an example of a case dealing with the issue of novus actus interveniens that broke the chain of causation. |
| R v Kennedy (No 2) | English House of Lords | Yes | [2008] 1 AC 269 | England | Cited as an example of a case dealing with the issue of causation where the accused prepared a syringe of heroin and handed it to the deceased, who died as a result of injecting himself with the syringe. |
| Tay Wee Kiat and another v Public Prosecutor and another appeal | High Court | Yes | [2018] 4 SLR 131 | Singapore | Cited as a case directly aligned with the present case, where the offenders were convicted of multiple offences arising from their mistreatment of a domestic helper, including instructing the victim to perform acts of self-harm. |
| Chua Chye Tiong v Public Prosecutor | High Court | Yes | [2004] 1 SLR(R) 22 | Singapore | Cited to clarify an incorrect and unduly expansive view of causation. |
| Shave v Rosner | Queen's Bench Division | Yes | [1954] 2 All ER 280 | England | Cited for the definition of 'causes' involving a person ordering or directing another person to use something. |
| Tan Cheng Kwee v Public Prosecutor | High Court | Yes | [2002] 2 SLR(R) 122 | Singapore | Cited for the principle that causing an act involves showing that the accused person had some form of control, direction, and mandate over the person doing the unlawful act. |
| James & Son Ld v Smee and another matter | Queen's Bench Division | Yes | [1955] 1 QB 78 | England | Cited in relation to the decision in Chua Chye Tiong. |
| Sweet v Parsley | House of Lords | Yes | [1970] 1 AC 132 | England | Cited in relation to the decision in Chua Chye Tiong. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 323 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 397(1) | Singapore |
| Penal Code s 39 | Singapore |
| Road Traffic Act (Cap 276, 1997 Rev Ed) s 29(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Voluntarily causing hurt
- Abetment
- Causation
- Leave to refer
- Public interest
- Domestic helper
- Self-harm
- Criminal Procedure Code
15.2 Keywords
- Criminal law
- Singapore
- Causation
- Abetment
- Voluntarily causing hurt
- Criminal procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Civil Procedure | 30 |
| Administrative Law | 10 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Sentencing