Public Prosecutor v Shawn Tan Jia Jun: Sentencing for Voluntarily Causing Hurt to Vulnerable Pregnant Victim
In Public Prosecutor v Shawn Tan Jia Jun, the High Court of Singapore heard an appeal by the Public Prosecutor against the sentence imposed on Shawn Tan Jia Jun for voluntarily causing hurt to his pregnant girlfriend. The District Judge had imposed a fine, but the High Court, presided over by Vincent Hoong J, allowed the appeal and substituted the fine with a two-week imprisonment sentence, emphasizing the need for deterrence in cases of violence against vulnerable victims.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal allowed; the fine was substituted with a sentence of two weeks' imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against a fine for voluntarily causing hurt to a pregnant victim. The court substituted the fine with imprisonment, emphasizing deterrence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Tan Pei Wei of Attorney-General’s Chambers |
| Shawn Tan Jia Jun | Respondent | Individual | Original Sentence Overturned | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Pei Wei | Attorney-General’s Chambers |
| Terence Yeo | TSMP Law Corporation |
| Jeanne Goh | TSMP Law Corporation |
4. Facts
- The respondent and the victim were in a romantic relationship and discovered the victim was nine weeks pregnant.
- The respondent and victim argued about whether to proceed with or terminate the pregnancy.
- The respondent pushed the victim onto a bed and punched and kicked her abdominal area multiple times, and punched her face.
- The victim sustained injuries including redness and tenderness over her face and multiple bruises over her limbs.
- The victim was found to have a right facial contusion with possible underlying maxillary bone fracture and multiple superficial injuries.
- The District Judge imposed a fine of $3,500 with two weeks’ imprisonment in default.
5. Formal Citations
- Public Prosecutor v Tan Jia Jun Shawn, Magistrate’s Appeal No 9245 of 2021/01, [2022] SGHC 76
6. Timeline
| Date | Event |
|---|---|
| Magistrate’s Appeal filed | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Whether the sentence was manifestly inadequate
- Outcome: The court held that the sentence was manifestly inadequate.
- Category: Substantive
- Whether forgiveness is a mitigating factor in sentencing
- Outcome: The court held that forgiveness should not ordinarily be regarded as a mitigating factor, subject to limited exceptions.
- Category: Substantive
- Related Cases:
- [2008] 4 SLR(R) 500
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Voluntarily Causing Hurt
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Shawn Tan Jia Jun | District Judge | Yes | [2021] SGMC 87 | Singapore | Cited as the grounds of decision of the lower court. |
| Public Prosecutor v UI | Court of Appeal | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited for the principle that forgiveness should not ordinarily be regarded as a mitigating factor in sentencing, subject to exceptions. |
| Public Prosecutor v Low Song Chye | High Court | Yes | [2019] 5 SLR 526 | Singapore | Cited for the sentencing framework for offences under section 323 of the Penal Code. |
| Tan Kay Beng v Public Prosecutor | High Court | Yes | [2006] 4 SLR(R) 10 | Singapore | Cited for the function of deterrence as a sentencing principle. |
| Public Prosecutor v Satesh s/o Navarlan | High Court | Yes | [2019] SGHC 119 | Singapore | Cited to argue that a deterrent sentence in the form of a custodial term is warranted, as the present case involves violence committed in the context of an intimate relationship. |
| Public Prosecutor v Luan Yuanxin | High Court | Yes | [2002] 1 SLR(R) 613 | Singapore | Cited for the principle that violent acts are particularly heinous when they are committed within the confines of a familial relationship. |
| Public Prosecutor v BPK | High Court | Yes | [2018] 5 SLR 755 | Singapore | Cited for the principle that general deterrence is necessary to send the important signal that the law would not condone violence as a solution to problems. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 323 of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Voluntarily causing hurt
- Sentencing
- Mitigating factor
- Domestic violence
- General deterrence
- Vulnerable victim
- Pregnancy
- Custodial threshold
15.2 Keywords
- Criminal Law
- Sentencing
- Voluntarily Causing Hurt
- Domestic Violence
- Singapore Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 90 |
| Domestic Violence | 70 |
| Personal Injury | 30 |
| Torts | 20 |
16. Subjects
- Criminal Law
- Sentencing
- Criminal Procedure