FATAHURHMAN BIN BAKAR v PUBLIC PROSECUTOR

FATAHURHMAN BIN BAKAR v PUBLIC PROSECUTOR

The DJ's 2‑week sentence for the s 323 offence was manifestly inadequate given the greater harm (lateral luxation and nerve death of two teeth), the accused's claim trial and partial post‑conviction compensation, and comparisons with upheld 4‑week sentences in similar road‑rage cases; accordingly the appropriate...

Source-derived case information.

Citation
[2019] SGHC 232
Parties
Appellant (ma 9322/2018/01); Respondent (ma 9322/2018/02): Public Prosecutor; Respondent (ma 9322/2018/01); Appellant (ma 9322/2018/02): Fatahurhman bin Bakar
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
27 September 2019
Case Number
HC/MA 9322/2018/01|HC/MA 9322/2018/02
Procedural Posture
Magistrate's Appeal (criminal) / High Court Appeal Against Conviction and Sentence; Ex Tempore Judgment on Appeal and Sentence Adjustment
Outcome
Accused's appeals against conviction and sentence dismissed; Prosecution's appeal against sentence for MCN 900413/2017 allowed in part to increase term to 4 weeks; global sentence imposed.
Legal Topics
Assault, Road Rage, Sentencing Precedents, Totality Principle, Section 323 Penal Code, Section 352 Penal Code
Source Language
english
Criminal Law Sentencing Criminal Procedure Assault Road Rage Sentencing Precedents Totality Principle Section 323 Penal Code +1 more

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Parties

Public Prosecutor

Appellant (ma 9322/2018/01); Respondent (ma 9322/2018/02)

Fatahurhman bin Bakar

Respondent (ma 9322/2018/01); Appellant (ma 9322/2018/02)

Procedural Posture

Magistrate's Appeal (criminal) / High Court Appeal Against Conviction and Sentence; Ex Tempore Judgment on Appeal and Sentence Adjustment

Legal Issues

  1. 1 Appropriate sentence for road rage causing bodily harm under s 323 Penal Code
  2. 2 Weight to be given to remorse and compensation in mitigation
  3. 3 Comparison with sentencing precedents for similar offences

Ratio Decidendi

The DJ's 2‑week sentence for the s 323 offence was manifestly inadequate given the greater harm (lateral luxation and nerve death of two teeth), the accused's claim trial and partial post‑conviction compensation, and comparisons with upheld 4‑week sentences in similar road‑rage cases; accordingly the appropriate sentence for the s 323 offence is 4 weeks' imprisonment, the s 352 sentence of 3 days is reasonable, and both sentences should run concurrently producing a global term of 4 weeks with commencement deferred to 1 October 2019.

Court Disposition

Accused's appeals against conviction and sentence dismissed; Prosecution's appeal against sentence for MCN 900413/2017 allowed in part to increase term to 4 weeks; global sentence imposed.

Orders

  • Increase sentence for MCN 900413/2017 (s 323 Penal Code) from 2 weeks to 4 weeks' imprisonment
  • Confirm sentence for MCN 900412/2017 (s 352 Penal Code) at 3 days' imprisonment