Public Prosecutor v Tan Kok Meng: Murder, Unsoundness of Mind
In Public Prosecutor v Tan Kok Meng, the High Court of Singapore addressed a case where Tan Kok Meng was charged with murder under s 300(a) of the Penal Code for the death of his father, Tan Ah Hin. The court, presided over by Valerie Thean J, found that Tan Kok Meng committed the act of causing his father's death but was of unsound mind at the time of the incident. Consequently, Tan Kok Meng was acquitted under s 84 of the Penal Code, and an order was made under s 252(1) of the Criminal Procedure Code for his safe custody.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Acquit Kok Meng of the charge under s 300(a) of the Penal Code on the basis of s 84 of the Penal Code.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Tan Kok Meng was charged with murder. The court found that he committed the act but was of unsound mind, leading to an acquittal and order for safe custody.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Plaintiff | Government Agency | Finding that Kok Meng committed the act | Partial | Daphne Lim, Yan Jiakang |
| Tan Kok Meng | Defendant | Individual | Acquitted | Won | Favian Kang, Nichol Yeo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Daphne Lim | Attorney General’s Chambers |
| Yan Jiakang | Attorney General’s Chambers |
| Favian Kang | Peter Low & Choo LLC |
| Nichol Yeo | Solitaire LLP |
4. Facts
- Tan Kok Meng lived with his girlfriend in his parents’ HDB flat.
- Mdm Toh observed Kok Meng looking dazed and hallucinating prior to the incident.
- On the day of the offence, Chenny noted that Kok Meng was “talking with words that made no sense”.
- Mdm Toh kept the house keys from Kok Meng as he “was not in a good state”.
- Mdm Toh told Mr Tan to keep watch over Kok Meng and not to let him leave the Flat.
- Mdm Toh found Mr Tan lying supine on the floor, with his head in a pool of blood.
- Kok Meng’s clothes were covered in dried blood and he was seated on the sofa facing Mr Tan’s body.
- Kok Meng straddled Mr Tan and placed his hands on the deceased’s upper chest, saying he would save Mr Tan.
- Associate Professor Teo Eng Swee conducted an autopsy and concluded that Mr Tan’s cause of death was “strangulation and aspiration of blood”.
5. Formal Citations
- Public Prosecutor v Tan Kok Meng, Criminal Case No 23 of 2020, [2020] SGHC 225
6. Timeline
| Date | Event |
|---|---|
| Tan Ah Hin died | |
| Tan Kok Meng was arrested | |
| Trial began | |
| Trial concluded | |
| Judgment delivered |
7. Legal Issues
- Murder
- Outcome: The court found that the accused committed the act that would have constituted murder but for his unsoundness of mind.
- Category: Substantive
- Unsoundness of Mind
- Outcome: The court acquitted the accused based on unsoundness of mind at the time of the incident.
- Category: Substantive
8. Remedies Sought
- Order for safe custody under s 252 of the Criminal Procedure Code
9. Cause of Actions
- Murder
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Cheng Bock v Attorney General | High Court | Yes | [2017] 2 SLR 850 | Singapore | Cited regarding construing s 252(1) of the CPC with close regard to its context. |
| Ang Sunny v Public Prosecutor | Federal Court | Yes | [1965] SGFC 8 | Singapore | Cited for the principle that the cumulative effect of all the evidence in the case must lead irresistibly to the conclusion that Kok Meng caused the death of Mr Tan. |
| Public Prosecutor v Chee Cheong Hin Constance | High Court | Yes | [2006] SGHC 9 | Singapore | Cited for the principle that the various links in the interlocking chain of evidence must establish a complete chain that rules out any reasonable likelihood of an accused’s innocence. |
| Jagatheesan s/o Krishnasamy v Public Prosecutor | Court of Appeal | Yes | [2006] 4 SLR(R) 45 | Singapore | Cited for the principle that a reasonable doubt is not “a mere doubt”, but one which is “capable of distinct expression and articulation and has support and foundation in the evidence submitted which in the circumstances is essential to a conviction”. |
| Public Prosecutor v GCK and another matter | Court of Appeal | Yes | [2020] 1 SLR 486 | Singapore | Cited for the principle that in both cases of acquittal and conviction, reasonable doubt is to be understood as “a reasoned doubt”. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 300(a) | Singapore |
| Penal Code s 84 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 251 | Singapore |
| Criminal Procedure Code s 252 | Singapore |
| Penal Code s 299 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Unsoundness of mind
- Strangulation
- Aspiration of blood
- Actus reus
- Mens rea
- Psychotic symptoms
- Glasgow Coma Scale
- Oral Pharyngeal Airway device
- Transverse laceration of tongue
- Autopsy
15.2 Keywords
- Murder
- Unsoundness of mind
- Criminal Law
- Singapore
- High Court
- Acquittal
- Penal Code
- Criminal Procedure Code
16. Subjects
- Criminal Law
- Mental Health Law
17. Areas of Law
- Criminal Law
- Offences
- Murder
- General Exceptions
- Unsoundness of Mind
- Criminal Procedure