Offences against Person - Causing Hurt Flashcards
VCH:
S 39 PC
(Voluntary)
When he intended to cause it, or by means which he knew or had reason to believe to be likely to cause it.
VCH:
S 319 PC
(Hurt)
Bodily pain, disease or infirmity to any person.
VCH:
S 320 PC
(Grievous Hurt)
Lists down what constitutes grievous hurt.
S 325: Prison up to 10 years, or fine, or caning.
VCH:
S 321 PC
(Voluntarily Causing Hurt)
Does any act with the intention of causing hurt to any person, or with knowledge that he is likely to cause hurt to any person, and does cause hurt.
S 323: Prison up to 3 years, or fine up to S$5,000, or both.
S 323A (Hurt that causes GH): Prison up to 5 years, or fine up to S$10,000, or both.
VCH:
S 324 PC
(Voluntarily causing hurt by dangerous weapons or means)
- Any instrument for shooting, stabbing or cutting, or other item used as deadly weapon.
- Fire or any heated substance.
- Poison or any corrosive substance.
- Explosive substance.
- Any item bad to inhale or swallow or inject.
- Any animal.
S 326: Prison up to 15 years or life, or fine if no life, or caning if no life.
VCH:
Faridah Begam v PP [2001] 3 SLR(R) 592
D charged for VCH to her maid under s321 PC. D appealed on basis that the injuries were self-inflicted.
Held: There are 3 elements to the offence:-
(1) D intended to cause hurt or knew her actions were likely to cause hurt;
(2) V was hurt; and
(3) D’s actions caused the hurt that V suffered.
On the facts, elements were satisfied as (1) it was undisputed that D intended to hurt V with a wooden pole and slipper; (2) There were evidence of injuries present on V, thus V was hurt; and (3) D’s actions had caused the hurt that V suffered as the injuries appeared to have been caused by a blunt object, which went against D’s testimony that V had fallen.
VCH:
2. Hurt also Mental Harm:
PP v Kwong Kok Hing [2008] 2 SLR(R) 684, SGCA
D charged with attempting to commit culpable homicide for pushing V onto the path of an oncoming train.
Held: Definition of “hurt” under s319 PC could extend to non-physical injuries.
Duration of the mental harm irrelevant for establishing hurt, but the long term effects is crucial to sentencing considerations.
VCH:
1. Intention to hurt:
Sim Yew Thong v Ng Loy Nam Thomas [2003] SLR(R) 155
At the wake of Ds’ father, D1 was annoyed at the sound V’s group was making. Scuffle ensued; V1 minor injuries, but V2 fractured lowest vertebrae of her spine. Convicted S 323 PC for VCH. D argued no requisite intention because the injuries were accidental.
Held: Requisite MR for VCH is either ‘intention’ or ‘knowledge’.
Person is said to intend the consequences of his act. But for liability, no need to have injured the person he intended to injure.
“Knowledge” was taken in this case (despite being defined in the PC) to encompass both recklessness and negligence.
On the facts, even if D2 did not push V2, but only pushed V1, V2’s fall was nevertheless foreseeable and a reasonably likely result (V2 was a small and frail woman who was holding on to V1).
VCH:
1. Intention to hurt:
Koh Jing Kwang v PP [2015] 1 SLR 7
D punched/pushed V in a fight outside a club. V fell backwards and landed on the road motionless. V suffered skull fracture. D charged with s322 PC for voluntarily causing grievous hurt, but reduced to s321 PC for VCH on appeal to HC.
Held: To qualify under s322 PC, D must have either intended, or known himself to be likely to cause grievous hurt before the MR element of the charge was made out.
No intent here since trial judge found MR by an indirect-reasonableness knowledge approach (i.e. intention or knowledge could not be attributed to D for the entire ensuing chain of events – at the very most, D could be said to ought to have known that it was likely that V would stumble and fall).
VCH:
1. Intention to hurt:
Muhammad Khalis bin Ramlee v PP [2018] SGHC 116
MR required for voluntarily causing grievous hurt is that the accused actually intended grievous hurt to result from his actions or knew that it was likely that grievous hurt would so result.
VCH:
2. Grievous Hurt:
Yeo Kwan Wee Kenneth v PP [2004] 2 SLR(R) 45
Permanent scarring on face equates to grievous hurt.
Unreasonable to expect a doctor to speak in absolute terms when giving an opinion about something that would come in the future.
Assault:
S 351 PC
- Makes gesture or preparation.
- Intending or knowing such gesture or preparation will cause apprehension that he’s about to use criminal force.
Explanation: Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparations such a meaning as may make those gestures or preparations amount to an assault.
Assault:
Mohamed Abdul Kader v PP [1967] 1 MLJ 86
D convicted of using criminal force to a public servant to prevent him from discharging his duty. D had prevented V to inspect near the rear of his shop and had raised his hand holding a meat chopper and said “if you go in I will hammer you”.
Held: Assault requires no contact with the body under s351 PC.
Use of Criminal Force:
S 349 PC
(Force)
- Intend to use force.
- Use force on another or on a substance into contact with another.
A. Bodily power.
B. Using any substance.
C. Inducing an animal to move.
Use of Criminal Force:
S 350 PC
(Criminal Force)
- Intentionally uses force.
- Without another’s consent.
- Knowing / Likely to know force will cause injury / fear / annoyance to V.
S 352: Prison up to 3 months, or fine up to $1,500, or both.
S 353 (on public servant): Prison up to 4 years, or fine, or both.
S 354: Intent to outrage modesty.
S 355: Intent to dishonour.
S 356: In doing theft.
S 357: In wrongful confinement.
S358: On grave and sudden provocation. Prison up to 1 month, or fine up to $1,000, or both.
