Toh Sia Guan v Public Prosecutor: Appeal Against Murder Conviction Under Penal Code s 300(c)

Toh Sia Guan appealed to the Court of Appeal of the Republic of Singapore against the High Court's decision to convict him of murder under section 300(c) of the Penal Code. The High Court found him guilty of intentionally inflicting a fatal stab wound during a second fight with the deceased. The Court of Appeal, comprising Andrew Phang Boon Leong JCA, Tay Yong Kwang JCA, and Belinda Ang Saw Ean JAD, dismissed the appeal, upholding the conviction and the sentence of life imprisonment.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Toh Sia Guan appeals against his murder conviction under s 300(c) of the Penal Code. The Court of Appeal dismissed the appeal, upholding the High Court's decision.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWon
Claire Poh of Attorney-General’s Chambers
Senthilkumaran Sabapathy of Attorney-General’s Chambers
Eugene Lee of Attorney-General’s Chambers
Toh Sia GuanAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Andrew Phang Boon LeongJustice of the Court of AppealYes
Tay Yong KwangJustice of the Court of AppealNo
Belinda Ang Saw EanJudge of the Appellate DivisionNo

4. Counsels

Counsel NameOrganization
Claire PohAttorney-General’s Chambers
Senthilkumaran SabapathyAttorney-General’s Chambers
Eugene LeeAttorney-General’s Chambers

4. Facts

  1. Appellant and deceased were involved in a fight on 9 July 2016.
  2. Appellant purchased a knife after the first fight.
  3. Appellant and deceased engaged in a second fight.
  4. Deceased suffered multiple stab wounds, including a fatal wound to the upper right arm.
  5. The fatal wound was sufficient to cause death in the ordinary course of nature.
  6. The Judge found the Appellant to be the aggressor in the second fight.

5. Formal Citations

  1. Toh Sia Guan v Public Prosecutor, Criminal Appeal No 9 of 2020, [2021] SGCA 7
  2. Public Prosecutor v Toh Sia Guan, , [2020] SGHC 92
  3. Lim Ghim Peow v Public Prosecutor, , [2020] SGCA 104

6. Timeline

DateEvent
Fight between Appellant and deceased occurred, Appellant purchased a knife
Criminal Appeal No 9 of 2020
Public Prosecutor v Toh Sia Guan [2020] SGHC 92
Judgment delivered

7. Legal Issues

  1. Intention to Inflict Injury
    • Outcome: The court found that the appellant intended to inflict the fatal injury.
    • Category: Substantive

8. Remedies Sought

  1. Appeal against conviction
  2. Appeal against sentence

9. Cause of Actions

  • Murder

10. Practice Areas

  • Criminal Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lim Ghim Peow v Public ProsecutorCourt of AppealYes[2020] SGCA 104SingaporeCited regarding unwarranted allegations about counsel after proceedings have concluded.
Public Prosecutor v Toh Sia GuanHigh CourtYes[2020] SGHC 92SingaporeAppeal against the decision of the High Court judge convicting the Appellant of murder.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed) s 300(c)Singapore
Penal Code s 302(2)Singapore
Penal Code s 304Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Murder
  • Intention
  • Stab wound
  • Penal Code
  • Life imprisonment

15.2 Keywords

  • Murder
  • Criminal Appeal
  • Singapore Law
  • Penal Code

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Murder95
Penal Code80
Criminal Procedure60
Appeal50

16. Subjects

  • Criminal Law
  • Sentencing