Aw Soy Tee v Public Prosecutor: Appeal Against Sentence for Using Criminal Force on Public Servant
Aw Soy Tee appealed to the High Court of Singapore against the District Judge's decision in Public Prosecutor v Aw Soy Tee, where he was sentenced to four weeks' imprisonment for using criminal force on a public servant, Auxiliary Police Officer Yii Chai Hong, under Section 353 of the Penal Code. The High Court, presided over by See Kee Oon J, dismissed the appeal, finding the sentence not manifestly excessive. The court formulated a sentencing framework for Section 353 offences, emphasizing deterrence and considering harm and culpability factors.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against a 4-week imprisonment sentence for using criminal force on a public servant. Appeal dismissed; sentence not manifestly excessive.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Krystle Chiang of Attorney-General’s Chambers |
| Aw Soy Tee | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Krystle Chiang | Attorney-General’s Chambers |
| Wong Hin Pkin Wendell | Drew & Napier LLC |
| Andrew Chua Ruiming | Drew & Napier LLC |
4. Facts
- The Appellant spat twice into a drain at Boon Lay MRT Station.
- APO Yii identified herself as an enforcement officer and requested the Appellant's particulars.
- The Appellant refused to comply and started walking towards Jurong Point Shopping Centre.
- APO Yii grabbed the Appellant's wrist to restrain him, but he continued walking.
- Inside Jurong Point, the Appellant grabbed APO Yii's forearm and pushed her on the chest.
- APO Yii staggered backwards, and the Appellant walked away quickly.
- The events were captured on video footage from a body camera and a CCTV camera.
5. Formal Citations
- Aw Soy Tee v Public Prosecutor, Magistrate’s Appeal No 9184 of 2019, [2020] SGHC 114
- Public Prosecutor v Aw Soy Tee, , [2019] SGDC 213
6. Timeline
| Date | Event |
|---|---|
| Appellant spat twice into the drain at Exit C of Boon Lay MRT Station. | |
| District Judge's decision in Public Prosecutor v Aw Soy Tee [2019] SGDC 213. | |
| Hearing date. | |
| Judgment reserved. |
7. Legal Issues
- Sentencing for Using Criminal Force on a Public Servant
- Outcome: The court held that the sentence of four weeks' imprisonment was appropriate and not manifestly excessive.
- Category: Substantive
- Related Cases:
- [2018] 3 SLR 1080
- [2018] SGDC 158
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Using Criminal Force on a Public Servant
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Yeo Ek Boon Jeffrey and another matter | High Court | Yes | [2018] 3 SLR 1080 | Singapore | Cited for sentencing considerations applicable to offences against public servants. |
| Public Prosecutor v Chua Cheng Hong | District Court | Yes | [2018] SGDC 158 | Singapore | Cited as a comparison case involving similar facts and the same victim, APO Yii. |
| Tang Ling Lee v Public Prosecutor | High Court | Yes | [2018] 4 SLR 813 | Singapore | Cited regarding presumptive sentencing ranges. |
| Public Prosecutor v Ganesan Sivasankar | High Court | Yes | [2017] 5 SLR 681 | Singapore | Cited regarding presumptive sentencing ranges. |
| Public Prosecutor v Raveen Balakrishnan | High Court | Yes | [2018] 5 SLR 799 | Singapore | Cited regarding the rule against double counting in sentencing. |
| Public Prosecutor v Walter Marcel Christoph | District Court | Yes | [2013] SGDC 305 | Singapore | Cited for concerns regarding offences against public servants. |
| Public Prosecutor v Neo Rong Hao Benjamin | Magistrate's Court | Yes | [2017] SGMC 40 | Singapore | Cited as an example of a Category 1 case. |
| Public Prosecutor v Stephen Albert | District Court | Yes | [2017] SGDC 246 | Singapore | Cited as an example of a Category 1 case. |
| Public Prosecutor v An Heejung | District Court | Yes | [2015] SGDC 59 | Singapore | Cited as a case where a fine was imposed. |
| Public Prosecutor v Wong Hwee Ling Patricia | District Court | Yes | [2018] SGDC 297 | Singapore | Cited as an example of a Category 2 case. |
| Public Prosecutor v Ganesan Alagappan | District Court | Yes | [2018] SGDC 74 | Singapore | Cited as an example of a Category 2 case. |
| Public Prosecutor v Balasubramaniam S/O Thevathas | District Court | Yes | [2018] SGDC 203 | Singapore | Cited as an example of a Category 2 case. |
| Dinesh Singh Bhatia s/o Amarjeet Singh v Public Prosecutor | N/A | Yes | [2005] 3 SLR(R) 1 | Singapore | Cited for the embodiment of individualised justice. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 353 of the Penal Code | Singapore |
| s 332 of the Penal Code | Singapore |
| Police Force Act (Cap 235, 2006 Rev Ed) | Singapore |
| Environmental Public Health Act (Cap 95, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal Force
- Public Servant
- Enforcement Officer
- Sentencing
- Deterrence
- Harm
- Culpability
15.2 Keywords
- criminal force
- public servant
- sentencing
- appeal
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 95 |
| Criminal Procedure | 75 |
| Appeal | 60 |
| Offences | 50 |
16. Subjects
- Criminal Law
- Sentencing
- Appeals
- Criminal Procedure