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In the High Court of the Republic of Singapore
[1999] SGHC 315
CC 41/1999
Between
Public Prosecutor |
… Plaintiff
And
Lau Lee Peng |
… Defendant
grounds of decision
This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. |
Public Prosecutor v Lau Lee Peng
[1999] SGHC 315
CC 41/1999
Amarjeet Singh JC
30 November 1999
Amarjeet Singh JC
30 November 1999
1
JUDGMENT:
JUDGMENT:
2 GROUNDS OF
DECISION
DECISION
3 Charge
4 1. On the afternoon of 26th
5 2. On 31st
6 Prosecution Case
7
8
9
10 thth
(b) Lee Hoo Guan, PW 13, an odd job labourer balance of $1,600/-.(c) Goh Seow Ek, PW 15, a florist a balance of $1,600/-.
11 th
12 ststcross-examination
13
14 Exh.
P262
P262
15 11. The Accused made a statement to D/S/Sgt Cher Kwong Chan on 31stExh. P168,
16 (i) Exh. P170, under s 122(6) of CPC on 1st
17 (ii) Exh. P171, under s 121 of CPC on 4th
18 (iii) Exh. P172, under s 121 of CPC on 5th
19 (iv) Exh. P173, under s 121 of CPC on 7th
20 (v) Exh. P174, under s 121 of CPC on 10th
21
22 12. Briefly,
23 (i) in Exh. P168th
24 (ii) in Exh. P170
25 (iii) in Exh. P171,th
(iv) in Exh. P172 he said: (v) in Exh. P173 the Accused explained:
26 Exh. P162
(i) Injury No.4Exh. P114.(ii) Injury No.16Exh. P113.(iii) Injury No.44Exh. P110.(iv) Injury No.49Exh. P114.
27 According to Dr Wee, Injury Nos. 4 and 16Injury Nos. 44 and 49Injury No.4Exh. P193.
28 Exh. P187
29
30 Acute Exsanquination due to Multiple Slash Wounds.
31 To a question by Defence Counsel in cross-examination
32 Prima Facie Case
33 prima facieExh. P170, Exh. P173th
34 prima facieprima facie
35 As such I called upon the Accused to enter his defence.
36 15. The Accused elected to give evidence from the witness box.
37 Defence
38 th
39 ‘Forget
about it ….well, couldn’t find, you can’t find ‘Ah Poh’ you have
lost some money, forget about it’.
about it ….well, couldn’t find, you can’t find ‘Ah Poh’ you have
lost some money, forget about it’.
You are a man being cheated by a woman. Are you a man?"
40 Exh. P187"You want to
play" and she retorted with words to the effect: "Don’t come near, I
have a knife here. I will kill you." He told her, ‘You want to kill me
then we can die together’.Exh. P21‘jab’ ‘with the broken vase’Exh. P193Exh. P192A
play" and she retorted with words to the effect: "Don’t come near, I
have a knife here. I will kill you." He told her, ‘You want to kill me
then we can die together’.Exh. P21‘jab’ ‘with the broken vase’Exh. P193Exh. P192A
41
42
43 ‘Are you a
man’, ‘Allow yourself to be cheated’ had made him extremely angry.
man’, ‘Allow yourself to be cheated’ had made him extremely angry.
44 16.6 The Accused was cross-examinedcross-examination
45
46 Evaluation and Findings
47 17. The Accused had raised two defences, the defence of grave and
sudden provocation and sudden fight
sudden provocation and sudden fight
48 I rejected both defences.
49 Provocation:
50 P P v Kwan Cin Cheng
51
52
53 ‘Go home and fuck your mother. You are a man. How come that you are cheated
by a woman. You are a man being cheated by a woman. Are you a man?’
by a woman. You are a man being cheated by a woman. Are you a man?’
54 ‘Don’t come here, I have a knife. I will kill you’‘We can die together’
55
56 (iv) on the Deceased’s words thereafter that she would ‘kill’‘jab’
57 ‘jab’ him with, in any of his six Exh.
P171 (para.5) the Accused had said, ‘I noticed that there were two or three
knives on top of the washing basin. I took a chopper and swung it at her many times’.Exh. P172 (para.21) the Accused had said ‘It was at this
juncture I saw the chopper in the container on the washing basin. I took the chopper and
started to slash her neck to prevent her from shouting further’.Exh. P174A he had gone on to say ‘I noticed there were few knives in the
holder on top of the basin. I took a chopper and started to slash Lily’s neck’.
P171 (para.5) the Accused had said, ‘I noticed that there were two or three
knives on top of the washing basin. I took a chopper and swung it at her many times’.Exh. P172 (para.21) the Accused had said ‘It was at this
juncture I saw the chopper in the container on the washing basin. I took the chopper and
started to slash her neck to prevent her from shouting further’.Exh. P174A he had gone on to say ‘I noticed there were few knives in the
holder on top of the basin. I took a chopper and started to slash Lily’s neck’.
58
59 cross-examination
by the Deputy Public Prosecutor (‘DPP’) and contradicted his evidence in examination-in-chiefput
by the Deputy Public Prosecutor (‘DPP’) and contradicted his evidence in examination-in-chiefput
60
61
62 18.5 The only provocative grounds the Accused was left with were:
63 ‘forget’
64
65
66 Exh P174, the Accused said, ‘Lily still
tried to catch hold of me. I was very angry and I chopped her hand. I chopped both her
hands’. In Exh. P172 (para.21) he said, ‘I took the chopper and
started to slash at her neck to prevent her from shouting further’. In Exh.
P171‘I set my mind to put her to death and I also wanted to die with
her’or
tried to catch hold of me. I was very angry and I chopped her hand. I chopped both her
hands’. In Exh. P172 (para.21) he said, ‘I took the chopper and
started to slash at her neck to prevent her from shouting further’. In Exh.
P171‘I set my mind to put her to death and I also wanted to die with
her’or
67
68
69 Sudden Fight
70
71 Explanation:
72
73
74
75 Conclusion
76
77 Dated this 30th day of November 1999
78 AMARJEET SINGH
79 JUDICIAL COMMISSIONER
80
Amarjeet Singh JC |
David Lim asissted by Tan Boon Gin (Attorney-General's Chambers) for the prosecution
Subhas Anandan assisted by Winston Mok (AC) (Both Assigned) for the accused
Subhas Anandan assisted by Winston Mok (AC) (Both Assigned) for the accused
This judgment text has undergone conversion so that it is mobile and web-friendly. This may have created formatting or alignment issues. Please refer to the PDF copy for a print-friendly version.
Version No 1: 11 Sep 2026 (01:05 hrs)