Ang Boon Han v Public Prosecutor: Voluntarily Causing Hurt & Grievous Hurt Sentencing
In Ang Boon Han v Public Prosecutor, the High Court of Singapore heard an appeal by Ang Boon Han against his sentence for voluntarily causing hurt under s 323A of the Penal Code, which resulted in grievous hurt to Lam Mian Sern. Ang was initially sentenced to eight weeks' imprisonment. The Chief Justice dismissed the appeal and provided detailed grounds for the decision, setting out a three-step approach to guide lower courts in sentencing offenders convicted under s 323A of the Penal Code.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Ang Boon Han appealed his sentence for voluntarily causing hurt, resulting in grievous hurt. The court dismissed the appeal and provided a sentencing framework.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Norine Tan of Attorney-General’s Chambers Timothy Lee of Attorney-General’s Chambers |
| Ang Boon Han | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Norine Tan | Attorney-General’s Chambers |
| Timothy Lee | Attorney-General’s Chambers |
| Ashwin Ganapathy | Ramesh Tiwary |
| Azri Imran Tan | I.R.B Law LLP |
4. Facts
- Appellant pleaded guilty to voluntarily causing hurt which caused grievous hurt to the victim.
- The incident occurred at a bus stop along Woodlands Avenue 2.
- Appellant sounded his horn on his PMD to alert pedestrians, including the victim, to make way.
- The victim did not move, leading to a dispute.
- Appellant pushed the victim on the chest, causing him to fall backwards.
- The victim suffered fractures of the distal radius and scaphoid at his right wrist.
- The victim was given 14 days of hospitalisation leave.
5. Formal Citations
- Ang Boon Han v Public Prosecutor, Magistrate’s Appeal No 9181 of 2023, [2024] SGHC 221
6. Timeline
| Date | Event |
|---|---|
| Appellant caused hurt to victim | |
| Victim lodged a police report and sought medical attention | |
| Victim's last medical review | |
| Dr Lim Wei Shyan prepared a psychiatric report | |
| Dr Loh Seng Wei, Adrian prepared a psychiatric report | |
| Magistrate’s Appeal No 9181 of 2023 | |
| Hearing date | |
| Judgment Date |
7. Legal Issues
- Sentencing for Voluntarily Causing Hurt Which Causes Grievous Hurt
- Outcome: The court dismissed the appeal and provided a three-step sentencing approach for offences under s 323A of the Penal Code.
- Category: Substantive
- Sub-Issues:
- Appropriateness of sentencing framework
- Assessment of harm caused
- Consideration of mitigating and aggravating factors
- Asymmetry between fault and physical elements
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Voluntarily Causing Hurt Which Causes Grievous 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 Ang Boon Han | District Court | Yes | [2023] SGMC 82 | Singapore | Cited as the judgment under appeal. |
| Public Prosecutor v Loi Chye Heng | District Court | Yes | [2021] SGDC 90 | Singapore | Cited for the sentencing framework applied by the District Judge, which the High Court found unsuitable. |
| Low Song Chye v Public Prosecutor and another appeal | High Court | Yes | [2019] 5 SLR 526 | Singapore | Cited as a case where the High Court laid down a sentencing framework for the offence of voluntarily causing hurt under s 323 of the Penal Code. |
| Public Prosecutor v BDB | Court of Appeal | Yes | [2018] 1 SLR 127 | Singapore | Cited as a case where the Court of Appeal laid down a sentencing approach for the offence of voluntarily causing grievous hurt under s 325 of the Penal Code; the sentencing framework for s 323A offences should be modelled on the two-step sentencing approach in BDB. |
| Tang Ling Lee v Public Prosecutor | High Court | Yes | [2018] 4 SLR 813 | Singapore | Cited as a case where the sentencing framework was meant only for road traffic offences prosecuted under s 338(b) of the Penal Code. |
| Saw Beng Chong v Public Prosecutor | High Court | Yes | [2023] 3 SLR 424 | Singapore | Cited for factors to consider when assessing the seriousness of an injury under s 325 of the Penal Code. |
| Arumugam Selvaraj v Public Prosecutor | High Court | Yes | [2019] 5 SLR 881 | Singapore | Cited as a comparable case for injuries suffered by the victim. |
| S Gopikrishnan v Public Prosecutor | High Court | Yes | [2013] 3 SLR 1158 | Singapore | Cited in support of the contention that where a fracture was minor, the indicative starting point could be lower than six months’ imprisonment. |
| Muhammad Khalis bin Ramlee v Public Prosecutor | High Court | Yes | [2018] 5 SLR 449 | Singapore | Cited for the principle that the less direct the connection between the act of the accused, the harm that he either intended or knew to be likely and the actual harm caused, the more it will be necessary to consider whether to temper the punishment to be imposed on the accused. |
| Public Prosecutor v Lim Yee Hua and another appeal | High Court | Yes | [2018] 3 SLR 1106 | Singapore | Cited for the deterrent sentencing policy underlying road rage violence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 323A Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Section 320 of the Penal Code | Singapore |
| Section 322 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Voluntarily causing hurt
- Grievous hurt
- Sentencing framework
- Asymmetry
- Mitigating factors
- Aggravating factors
- Personal mobility device
- Persistent Depressive Disorder
- Hospitalisation leave
15.2 Keywords
- Voluntarily causing hurt
- Grievous hurt
- Sentencing
- Criminal law
- Singapore
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Sentencing | 90 |
| Criminal Procedure | 70 |
| Personal Injury | 30 |
16. Subjects
- Criminal Law
- Sentencing
- Voluntary Hurt
- Grievous Hurt