J Ravinthiran v PP: Voluntarily Causing Grievous Hurt with Motor Vehicle under Penal Code s 326
In J Ravinthiran v Public Prosecutor, the High Court of Singapore heard an appeal against conviction and sentence for J Ravinthiran, who was found guilty in the District Court of voluntarily causing grievous hurt under section 326 of the Penal Code by using a motor vehicle. The High Court, presided over by Chief Justice Yong Pung How, dismissed both the criminal motion to adduce additional evidence and the appeals against conviction and sentence, upholding the original sentence of four years’ imprisonment and six strokes of the cane.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeals against conviction and sentence dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
J Ravinthiran was convicted of voluntarily causing grievous hurt using a motor vehicle. The High Court dismissed his appeal against conviction and sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Glenn Seah Kim Ming of Deputy Public Prosecutor |
| J Ravinthiran | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Glenn Seah Kim Ming | Deputy Public Prosecutor |
| Vinit Chhabra | C H Chan and Chhabra |
| Anthony Lim | Anthony and Wee Jin |
4. Facts
- The appellant was convicted of causing grievous hurt under s 326 of the Penal Code.
- The incident occurred on Serangoon Road near the junction of Desker Road.
- The appellant allegedly struck the victim with a car, causing a fractured skull.
- Two taxi drivers witnessed the incident and testified against the appellant.
- The appellant claimed the victim's injuries were caused by a crowbar swung by another person.
- DNA analysis confirmed the victim's blood was found on the appellant's car.
5. Formal Citations
- J Ravinthiran v Public Prosecutor, CM 13/2004, MA 233/2003, [2004] SGHC 173
6. Timeline
| Date | Event |
|---|---|
| Incident occurred along Serangoon Road near Desker Road at approximately 4:25 am. | |
| High Court dismissed the criminal motion and both appeals. |
7. Legal Issues
- Voluntarily Causing Grievous Hurt
- Outcome: The court upheld the conviction for voluntarily causing grievous hurt under s 326 of the Penal Code.
- Category: Substantive
- Adducing Fresh Evidence on Appeal
- Outcome: The court dismissed the criminal motion to adduce additional evidence, finding that the conditions for admitting fresh evidence were not satisfied.
- Category: Procedural
- Related Cases:
- [1993] 3 SLR 338
- [1999] 4 SLR 72
- Drawing Adverse Inferences
- Outcome: The court refused to draw adverse inferences against the Prosecution for failing to call certain witnesses.
- Category: Procedural
- Related Cases:
- [1996] 1 SLR 510
- [2003] 4 SLR 526
- Sentencing Principles
- Outcome: The court affirmed the sentence imposed by the district judge, finding it was not manifestly excessive.
- Category: Procedural
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Voluntarily Causing Grievous Hurt
10. Practice Areas
- Criminal Appeals
- Sentencing Guidelines
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Juma’at bin Samad v PP | High Court | Yes | [1993] 3 SLR 338 | Singapore | Cited for the three cumulative conditions that must be satisfied to have fresh evidence admitted on appeal. |
| Chia Kah Boon v PP | High Court | Yes | [1999] 4 SLR 72 | Singapore | Cited for the principle that evidence should be admitted in the interests of justice even if the usual conditions are not satisfied, but only in narrow circumstances. |
| Chan Chun Yee v PP | High Court | Yes | [1998] 3 SLR 638 | Singapore | Cited in Chia Kah Boon v PP for the principle that evidence should be admitted in the interests of justice even if the usual conditions are not satisfied, but only in narrow circumstances. |
| Chua Keem Long v PP | High Court | Yes | [1996] 1 SLR 510 | Singapore | Cited for the principle that the court must hesitate to draw any presumption unless the witness not produced is essential to the prosecution’s case. |
| Khua Kian Keong v PP | High Court | Yes | [2003] 4 SLR 526 | Singapore | Cited for the principles governing the exercise of the court’s discretion under illustration (g) of section 116 of the Evidence Act. |
| Lau Song Seng v PP | High Court | Yes | [1998] 1 SLR 663 | Singapore | Cited in Khua Kian Keong v PP for the principles governing the exercise of the court’s discretion under illustration (g) of section 116 of the Evidence Act. |
| Satli bin Masot v PP | High Court | Yes | [1999] 2 SLR 637 | Singapore | Cited in Khua Kian Keong v PP for the principles governing the exercise of the court’s discretion under illustration (g) of section 116 of the Evidence Act. |
| Ang Jwee Herng v PP | High Court | Yes | [2004] 2 SLR 474 | Singapore | Cited in Khua Kian Keong v PP for the principles governing the exercise of the court’s discretion under illustration (g) of section 116 of the Evidence Act. |
| Amir Hamzah bin Berang Kuty v PP | High Court | Yes | [2003] 1 SLR 617 | Singapore | Cited in Khua Kian Keong v PP for the principles governing the exercise of the court’s discretion under illustration (g) of section 116 of the Evidence Act. |
| Wong Leong Chin v PP | High Court | Yes | [2001] 1 SLR 146 | Singapore | Cited in Khua Kian Keong v PP for the principles governing the exercise of the court’s discretion under illustration (g) of section 116 of the Evidence Act. |
| Yong Moi Sin v Kerajaan Malaysia | Johor Bahru High Court | Yes | [2000] 1 MLJ 35 | Malaysia | Cited for the principle that no inference should be drawn against a party for not producing a material witness where the question of the absence of such witness was not raised at the trial at all. |
| Mohamed Abdullah s/o Abdul Razak v PP | High Court | Yes | [2000] 2 SLR 789 | Singapore | Cited for the principle that an adverse inference may be drawn against the Defence in certain circumstances. |
| PP v Nurashikin bte Ahmad Borhan | High Court | Yes | [2003] 1 SLR 52 | Singapore | Cited for the principle that an adverse inference may be drawn against the Defence in certain circumstances. |
| Loo See Mei v PP | High Court | Yes | [2004] 2 SLR 27 | Singapore | Cited for the principle that it is not in every case that an accused person’s failure to call on a witness results in an adverse inference being drawn against him or her. |
| Ramis a/l Muniandy v PP | Court of Appeal | Yes | [2001] 3 SLR 534 | Singapore | Cited for the principles governing the appellate court’s power to interfere with findings of fact made by the trial judge. |
| Lim Ah Poh v PP | High Court | Yes | [1992] 1 SLR 713 | Singapore | Cited in Ramis a/l Muniandy v PP for the principles governing the appellate court’s power to interfere with findings of fact made by the trial judge. |
| Sundara Moorthy Lankatharan v PP | High Court | Yes | [1997] 3 SLR 464 | Singapore | Cited in Ramis a/l Muniandy v PP for the principles governing the appellate court’s power to interfere with findings of fact made by the trial judge. |
| Yap Giau Beng Terence v PP | High Court | Yes | [1998] 3 SLR 656 | Singapore | Cited in Ramis a/l Muniandy v PP for the principles governing the appellate court’s power to interfere with findings of fact made by the trial judge. |
| Tan Hung Yeoh v PP | High Court | Yes | [1999] 3 SLR 93 | Singapore | Cited in Ramis a/l Muniandy v PP for the principles governing the appellate court’s power to interfere with findings of fact made by the trial judge. |
| Ang Jwee Herng v PP | High Court | Yes | [2001] 2 SLR 474 | Singapore | Cited for the principle that the district judge was perfectly entitled to accept PW1's statement as an honest mistake. |
| PP v Oh Laye Koh | High Court | Yes | [1994] 2 SLR 385 | Singapore | Cited for the principle that the absence of motive does not necessarily equate to an absence of mens rea. |
| Tan Koon Swan v PP | High Court | Yes | [1986] SLR 126 | Singapore | Cited for the principle that an appellate court may only interfere with the sentence meted out by the trial judge if certain conditions are met. |
| Ong Ah Tiong v PP | High Court | Yes | [2004] 1 SLR 587 | Singapore | Cited for the principle that an appellate court may only interfere with the sentence meted out by the trial judge if certain conditions are met. |
| PP v J Ravinthiran | District Court | Yes | [2004] SGDC 72 | Singapore | The original case in the District Court where the appellant was convicted and sentenced. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 326 Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| s 34 of the Penal Code | Singapore |
| s 32(c) of the Evidence Act | Singapore |
| s 116 of the Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| s 20 of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184, 1997 Rev Ed) | Singapore |
| s 338 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Grievous Hurt
- Penal Code
- Motor Vehicle
- Adverse Inference
- Fresh Evidence
- Sentencing
- DNA Evidence
- Eyewitness Testimony
15.2 Keywords
- grievous hurt
- motor vehicle
- criminal law
- singapore
- appeal
- evidence
- sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Criminal Procedure | 85 |
| Sentencing | 80 |
| Personal Injury | 60 |
| Automobile Accidents | 50 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Motor Vehicle Offences