395:- delivered their ruling. They unanimously found that both Daniel and Christopher should not be convicted of murder, because although they shared the common intention with Balakrishnan to commit armed robbery, they never shared the intention with Balakrishnan to inflict the fatal injuries on Wan, much less causing the lorry driver to die. They clarified on the application of the doctrine of common intention, stating that in the context of Wan's murder, the knowledge of Daniel and Christopher that violence was necessary did not equate to intention to resort to violence and in turn cause Wan to die. They also verified that only by sharing the common intention with the actual perpetrator to commit an act, the accomplice(s) would be considered to have acted and committed the said crime through the same common intention.
449:
situation. He said he was the only son in his family and was living with his parents. His father, a pastor, was diagnosed with a stroke while his mother worked as a production operator in a factory. Christopher's counsel also stated that their client surrendered to the authorities and had cooperated with the police, and he was similarly remorseful for his criminal conduct and had never expected Wan to die due to
Balakrishnan's actions, which were not within Christopher's contemplations. Since his role was comparatively smaller than the mastermind Arsan, Christopher asked through his counsel for a lower sentence than that of Arsan in his case.
327:, an offence of intentionally inflicting fatal injuries to a victim was also considered as murder, even if there was no intention to kill. Also, Justice Tay rejected Balakrishnan's contention that Wan had insulted him and resulted in Balakrishnan killing Wan under sudden and grave provocation, since Wan, as the victim of a robbery, was not the aggressor and none of Balakrishnan's accomplices testified that Wan had insulted Balakrishnan before the assault, and since Wan was knocked out before the attack, the defence of sudden fight did not apply as well.
302:
while Wan made his stop at the pass-office, but the plan failed since Wan did not make the stopover as they predicted, and hence, Daniel and the other two thus tailed Wan's vehicle, overtook it and led to both their vehicles coming to a stop on the road. Daniel stated he saw
Balakrishnan and Christopher alighting the lorry, with Balakrishnan brandishing the baseball bat and used it to assault Wan. Daniel stated he was shocked at the violence unleashed by Balakrishnan, and stated he never partake in the assault and only wanted to rob, not to kill Wan.
445:
never took part in the assault, and that he played a smaller role than
Balakrishnan and Arsan in the crime, hence his sentence should be lower than even Arsan's jail term of 16 years and six months. It was cited that Daniel was previously convicted twice for traffic offences, one in February 2003 and another in March 2005; on both occasions, he was fined S$ 1,000, but for his second offence, Daniel did not pay the fine and hence served 10 days' imprisonment in default.
331:
further found that
Balakrishnan did so in furtherance of the trio's common intention to commit armed robbery, even though Christopher and Daniel did not take part in the fatal assault, since there was pre-knowledge shared by the trio that violence was necessary during the commission of the robbery to achieve their goal, which rendered Daniel and Christopher liable for a conviction of murder by common intention as well.
453:
case, stating that per the prosecution's arguments, the nature of the crime was violent and the sentence should serve as a deterrent and also a reminder to potential like-minded offenders on the legal consequences they would face for resorting to crime as the easy solution to resolve their monetary hardships. The jail terms were backdated to 5 June 2006, the date when both
Christopher and Daniel were caught.
187:. The forensic pathologist, Dr Teo Eng Swee, found that the skull fractures were caused by blunt force trauma, and at least 15 blows had been inflicted. The severity of the fractures suggested that a huge amount of force was exerted when the attackers struck Wan on the head. According to the patholotist, the fractures and the resulting intracranial hemorrhage were sufficient to lead to Wan's death.
211:
third robber, 48-year-old
Nakamuthu Balakrishnan, had his original charge of armed robbery with hurt amended to murder on 9 June 2006. Arsan, who masterminded the heist, was also charged with murder on the same day as Balakrishnan. Wan's colleague Ragu was charged with abetting armed robbery with hurt. Daniel and Christopher were both revealed to be wanted by the authorities for desertion of their
310:
the 2,700 handphones. Balakrishnan additionally asserted that when he confronted Wan, the lorry driver talked to him with abusive language and expletives, insulting
Balakrishnan's mother and thus, it deeply provoked Balakrishnan into hitting Wan with the baseball bat out of anger, and this were also inflicted during a sudden fight between Balakrishnan and Wan as sparked by Wan's insults.
407:
murdering Wan. With respect to
Balakrishnan's case, the Court of Appeal upheld his murder conviction and death sentence. The verdict of the appellate court was also significant as it led to a revision of the legal doctrine of common intention required to convict an accomplice for murder or other offences committed by the main perpetrator(s) of whichever case.
129:(温长俭 Wēn Chángjiăn), who was delivering 2,700 mobile phones (worth S$ 1.3 million), was attacked by three armed robbers who robbed him of the phones and assaulted him by bludgeoning him on the head at least 15 times with a baseball bat, leading to his death during his hospitalization six days later. The handphone heist, which occurred at
444:
from his NS duties due to him doing odd jobs to support his family and resolving his precarious financial situation, and it was why he joined the robbery. Daniel expressed remorse for having participated in the robbery and indirectly causing Wan's death. It was highlighted by Daniel's lawyers that he
305:
Christopher, who became the next to put up his defence, testified that he was recruited at the last minute by
Balakrishnan and Daniel, as their replacement driver of the get-away lorry after one of the accomplices, who was supposed to join in the plan, was absent. Christopher stated that while he had
301:
Daniel, who first took the stand, admitted that he was involved in committing the robbery but denied killing Wan. Daniel said that he was recruited by
Balakrishnan to join the robbery and he agreed to due to his financial troubles. Daniel testified that the original plan was to simply steal the lorry
492:
on all 35 pending death sentences (28 for drug trafficking and seven for murder) in Singapore, making Balakrishnan likely one of the four people to be executed in Singapore in the year 2011 before the moratorium. Balakrishnan was the last person put to death in Singapore prior to the moratorium; the
452:
On 4 October 2010, Daniel and Christopher were each sentenced to 15 years' imprisonment and 15 strokes of the cane. Justice Tay stated he was sympathetic for the financial struggles the duo faced which spurred them into joining the robbery heist, but he did not neglect the aggravating factors of the
371:
against their conviction for the murder of Wan Cheon Kem. However, during the hearing, Balakrishnan decided to waive his right to appeal, and although his appeal was subsequently withdrawn, the Court of Appeal still reviewed Balakrishnan's case to determine if his murder conviction should stand, and
210:
After the Wan's death, the handphone heist case was re-classified as murder. On 6 June 2006, 23-year-old Daniel Vijay Katherasan and 23-year-old Christopher Samson Anpalagan, who were both involved in the fatal assault and robbery of Wan, became the first two suspects to be charged with murder. The
206:
Police investigations said that the primary mastermind was 38-year-old Arsan Krishnasamy Govindarajoo, who collaborated with one of Wan's colleagues to plan the robbery. The colleague and secondary mastermind, 36-year-old Ragu Ramajayam, was the one who informed Arsan about Wan's task of delivering
202:
Within days after the handphone heist, the police arrested one of the three robbers, as well as two other men who planned the crime and at least five other individuals who allegedly received the stolen handphones and sold them. Wan's remaining two attackers surrendered themselves about a week after
406:
As a result, the Court of Appeal set aside the death sentences and murder convictions of both Christopher Samson Anpalagan and Daniel Vijay Katherasan, and instead convicted them of lesser charges of armed robbery with hurt, enabling both Daniel and Christopher to ultimately escape the gallows for
309:
As the final defendant to go to the stand, Balakrishnan admitted that he had used the baseball bat to bludgeon the lorry driver on the head during the robbery, and his defence was that there was no intention to commit murder and to cause the death of the victim as the plan was to rob the victim of
330:
The judge also stated that Balakrishnan's decision to bring the baseball bat also led to the inference that Balakrishnan had premeditated the assault and knew that he would use it during the robbery, and had used it to cause fatal injuries on Wan, killing the 46-year-old lorry driver. Justice Tay
398:
On the other hand, the Court of Appeal found there was sufficient evidence to prove Balakrishnan guilty of murder, since by his own admission, he had intentionally bludgeoned Wan on the head and as a result, the head injuries caused by Balakrishnan were sufficient to cause death in the ordinary
271:
years' imprisonment and 24 strokes of the cane. Arsan did not appeal his sentence. During sentencing, Justice Lee Seiu Kin of the High Court stated that for having solicited the trio to commit armed robbery and ordered them to resort to violence and knock Wan unconscious, Arsan should bear some
448:
As for Christopher, he had no criminal record, but in his mitigation plea, Christopher, who was only educated up to N-levels, stated that he deserted from his military service since 2004 due to him having to work as a daily-rated driver to support his family and alleviate their poor financial
504:
for murder offences lacking the intent to cause death and drug trafficking offences committed by small-level traffickers who either acted as couriers or suffered from diminished responsibility. These changes were made effective in January 2013, enabling several high-profile criminals like
164:. On appeal, Christopher and Daniel had their death sentences commuted to jail terms of 15 years each (in addition to caning) for amended charges of robbery with hurt, while Balakrishnan, who waived his right to appeal, had his death sentence upheld and was eventually hanged for murder.
1035:
297:
and Sunil Sudheesan; Daniel was represented by K Jayakumar Naidu and Singa Retnam; Balakrishnan was represented by Allagarsamy Palaniyappan and Mohamed Muzammil bin Mohamed. The prosecution consisted of Amarjit Singh, Lee Cheow Han and Stanley Kok Pin Chin.
235:, who took into consideration the robbery outcome that led to Wan's death, the position of trust on Ragu's part, and the high value of the cargo stolen during the heist. Later, Ragu appealed for his sentence to be reduced, and his sentence was lowered to
218:
The suspects who received and sold the stolen handphones were prosecuted and jailed for dishonestly receiving stolen property (ranging from three to five months' jail). Among the stolen 2,700 mobile phones, only 2,158 were recovered by the police.
437:, due to the violent nature of the crime and the need for deterrence of similar offences in the nature. Under Singapore law, the punishment for robbery with hurt was between five and 20 years of imprisonment, and caning between 12 and 24 strokes.
31:
256:
Before the start of the trial, Arsan had his murder charge reduced to abetting armed robbery with hurt. On 2 July 2007, Arsan was found guilty of this lesser charge and a few other charges, and he was later sentenced to
322:
delivered his verdict. He found in his verdict that Balakrishnan had intentionally inflicted injuries which were sufficient to cause death in the ordinary course of nature, and noted that under Section 300(c) of the
372:
they also wanted to assess the roles of both Daniel and Christopher (who also tried to back out of the appeal) to see if they should be convicted of murder despite not being the ones directly beating Wan to death.
493:
authorities also confirmed that the last execution before the moratorium was carried out in July 2011 when the media covered the double hangings of Tang Hai Liang and Foong Chee Peng on 18 July 2014.
496:
The capital punishment review lasted for one year until July 2012, when the Singapore government passed the changes to the laws, allowing judges in Singapore to have the discretion to impose
194:
flat as his mother and younger sister. According to Wan's 48-year-old older brother Richard Wan, Wan Cheon Kem never drank or smoked and had worked for more than a decade as a lorry driver.
172:
On 30 May 2006, 46-year-old Wan Cheon Kem, a lorry driver, received an assignment of delivering 2,700 mobile phones (worth S$ 1.3 million) on behalf of his company. When he was driving on
415:
After their conviction for armed robbery with hurt, Daniel and Christopher had their cases remitted back to the High Court for re-sentencing before the original trial judge
306:
the intent to commit armed robbery, he only acted as the driver and had never intended to commit murder. Like Daniel, Christopher did not join in the fatal assault of Wan.
1435:
183:. Wan's skull was shattered, and he had an eight-hour operation to remove the broken bone pieces from his head. Wan remained unconscious and died on 5 June 2006 at
440:
In his mitigation plea, Daniel stated he was married with three children (aged ten, nine and six) and he was the sole breadwinner of his family, and he went
1450:
464:
After giving up his appeal and with his death sentence was upheld, Nakamuthu Balakrishnan was the sole person out of the main perpetrators to remain on
190:
At the time of his death, Wan was single and was survived by his elderly mother (aged in her 70s as of 2006) and four siblings. He lived in the same
1455:
227:
Ragu pleaded guilty to his role of abetting the armed robbery and assault, and on 24 April 2007, he was sentenced to six years' imprisonment and
1460:
285:
On 22 October 2007, the robbery trio - Christopher Samson Anpalagan, Daniel Vijay Katherasan and Nakamuthu Balakrishnan - stood trial at the
144:
The three armed robbers and Arsan were charged with murder, while Ragu was charged with abetting the robbery. Ragu and Arsan were jailed and
1357:
1440:
419:. During the hearing, the prosecution submitted that the sentences of the duo should not be a lower penalty than Arsan's sentence of
1411:
527:
335:
161:
477:, revealing that his date of death was 8 July 2011. The cause of death, while not revealed in the orbituary, was execution by
497:
1321:
212:
1339:
1445:
1192:
929:
364:
1086:
673:
655:
1068:
972:
896:
381:
1159:
338:. Back in 2008, the death penalty was prescribed as the mandatory sentence for murder under Section 302 of the
485:
286:
250:
184:
62:
1375:
400:
339:
324:
399:
course of nature, rendering Balakrishnan liable for a conviction of murder under Section 300(c) of the
456:
The duo's appeals to reduce their sentences were turned down by the Court of Appeal on 27 April 2011.
522:
434:
228:
145:
48:
473:
489:
510:
289:
for one count of murdering 46-year-old Wan Cheon Kem. The trial was presided by Justice
416:
384:
319:
294:
290:
180:
1225:
592:
1429:
506:
392:
360:
85:
388:
232:
207:
the phones that allowed Arsan to plan the robbery and recruit the three others.
1393:
1303:
803:
272:
responsibility for having indirectly caused Wan to die from the cruel attack.
465:
441:
356:
191:
66:
30:
471:
On 22 July 2011, the orbituary of Nakamuthu Balakrishnan was published on
179:
Wan was eventually found slumped on the dashboard of his parked lorry at
160:- who were responsible for Wan's death, were found guilty of murder and
478:
513:
to have their death sentences commuted to life sentences with caning.
501:
368:
173:
130:
141:(who assisted Arsan and the three robbers in planning the robbery).
1160:"Two Indian-origin convicts spared death penalty in Singapore"
488:
began to review its existing death penalty laws and imposed a
1226:"Public Prosecutor v Daniel Vijay s/o Katherasan and another"
1193:"Public Prosecutor v Daniel Vijay s/o Katherasan and another"
176:, He was attacked by three robbers who stole the handphones.
137:, who was informed of Wan's delivery task by Wan's colleague
1087:"Daniel Vijay s/o Katherasan and Others v Public Prosecutor"
930:"Public Prosecutor v Daniel Vijay s/o Katherasan and Others"
804:"Daniel Vijay s/o Katherasan and others v Public Prosecutor"
593:"Public Prosecutor v Daniel Vijay s/o Katherasan and Others"
334:
Therefore, Justice Tay found the trio guilty of murder, and
16:
2006 armed robbery and murder of a lorry driver in Singapore
1258:"Fatal mobile phone heist: Duo get 15 yrs and 15 strokes".
380:
On 3 September 2010, the Court of Appeal's three judges -
484:
In July 2011, the same month when Balakrishnan died, the
1358:"Singapore completes review of mandatory death penalty"
1322:"Drug mule escapes gallows after Singapore law reform"
656:"Driver's death turns $ 1.5m robbery into murder case"
351:
Appeal hearing and withdrawal of Balakrishnan's appeal
1340:"Two hanged after forsaking chance to escape gallows"
1394:"Singapore lifts death sentence for drug trafficker"
1304:"Singapore plans changes to mandatory death penalty"
914:"Brutal cellphone heist: Murder trial of 3 begins".
115:
107:
99:
91:
81:
73:
55:
37:
21:
293:of the High Court. Christopher was represented by
781:"Man jailed, caned for role in cellphone heist".
249:years in jail and six strokes of the cane by the
1220:
1218:
1216:
610:"Driver attacked in $ 1.5m phone robbery dies".
1412:"2 death row traffickers get life term instead"
1053:"Appeal to proceed even if culprits back out".
468:for the conviction of murdering Wan Cheon Kem.
866:"Mastermind gets 15 years' jail, 24 strokes".
821:"Man who hatched plan spared murder charge".
8:
1005:"Trio to hang for murdering lorry driver".
674:"$ 1.3m heist: 2 more charged with murder"
29:
18:
798:
796:
794:
792:
125:On 30 May 2006, 46-year-old lorry driver
1376:"Death penalty lifted for Yong Vui Kong"
148:for robbery with hurt, while the trio -
691:"Delivery driver's murder: 2 charged".
587:
585:
583:
581:
579:
577:
575:
573:
539:
411:Re-sentencing of Daniel and Christopher
1436:Singaporean people convicted of murder
7:
1144:"Two robbers spared death penalty".
355:While the trio were incarcerated on
215:(NS) duties prior to murdering Wan.
1243:"2006年百万手机劫杀案 逃过死刑两被告 判监15年鞭15下".
460:Fate of Balakrishnan and aftermath
376:Reprieve of Daniel and Christopher
14:
1451:Violence against men in Singapore
990:"白沙公园百万元手机抢劫命案 三男子共谋杀害罗厘司机判处死刑".
973:"Three to hang for fatal attack"
897:"Jail, caning for heist accused"
706:"Two more charged with murder".
367:heard the three condemned men's
1456:Capital punishment in Singapore
1181:(in Chinese). 9 September 2010.
1133:(in Chinese). 4 September 2010.
1118:(in Chinese). 3 September 2010.
1042:(in Chinese). 3 September 2010.
1024:(in Chinese). 14 November 2008.
528:Capital punishment in Singapore
1177:"百万手机劫杀案共犯上诉成功后 上诉庭重新诠释共谋定义".
135:Arsan Krishnasamy Govindarajoo
1:
1247:(in Chinese). 5 October 2010.
1036:"新加坡．三司撤销谋杀死罪改为伤人罪．2死囚想死却捡回命"
740:(in Chinese). 29 August 2006.
736:"百万元手机劫案 买下40台抢来手机两男子被判监三月".
562:"百万元手机劫案 送货司机伤重不治两自首嫌犯被控谋杀".
1461:Indian diaspora in Singapore
1277:(in Chinese). 28 April 2011.
1069:"Duo saved from the gallows"
994:(in Chinese). 20 March 2008.
961:(in Chinese). 20 March 2008.
755:(in Chinese). 5 August 2006.
751:"百万元手机劫案 收赃销赃三男子坐牢3个月至5个月".
158:Christopher Samson Anpalagan
851:"劫百万元手机杀人案被改控抢劫伤人一被告逃鬼门关".
1477:
885:(in Chinese). 4 July 2007.
855:(in Chinese). 2 July 2007.
840:(in Chinese). 3 July 2007.
770:(in Chinese). 3 July 2010.
725:(in Chinese). 9 June 2006.
644:(in Chinese). 6 June 2006.
629:(in Chinese). 6 June 2006.
566:(in Chinese). 6 June 2006.
551:(in Chinese). 5 June 2006.
318:On 19 March 2008, Justice
1441:2006 murders in Singapore
766:"百万元手机劫案结而未了 另一涉嫌共犯昨被控".
28:
1273:"百万元手机劫杀案 两被告上诉求减刑被驳回".
1230:Supreme Court Judgements
808:Supreme Court Judgements
597:Supreme Court Judgements
433:years' imprisonment and
168:Armed robbery and murder
1020:"百万元手机抢劫案 三死囚要撤销上诉被拒".
486:government of Singapore
336:sentenced them to death
185:Changi General Hospital
154:Daniel Vijay Katherasan
63:Changi General Hospital
957:"百万手机命案 2逃兵1散工劫杀判死刑".
836:"劫百万元手机酿命案旧货商逃过死刑审讯".
625:"遇劫伤重死送货员 70岁老母哭倒灵堂".
435:24 strokes of the cane
350:
229:12 strokes of the cane
150:Nakamuthu Balakrishnan
133:, was masterminded by
391:and High Court judge
59:5 June 2006 (aged 46)
1075:. 10 September 2010.
881:"旧货商唆使伤人判监16年半24鞭".
1446:Caning in Singapore
1400:. 14 November 2013.
1382:. 14 November 2013.
1328:. 14 November 2013.
1232:. 11 November 2010.
1200:Singapore Law Watch
1166:. 4 September 2010.
1148:. 4 September 2010.
1129:"百万元手机劫案 两死囚逃过死刑".
1114:"百万元手机劫案 2死囚 捡回命".
1094:Singapore Law Watch
1057:. 14 November 2008.
937:Singapore Law Watch
810:. 3 September 2010.
523:Caning in Singapore
74:Cause of death
49:Colony of Singapore
918:. 23 October 2007.
387:, Judge of Appeal
231:by District Judge
198:Arrest and charges
162:sentenced to death
1416:The Straits Times
1290:The Straits Times
1262:. 5 October 2010.
1260:The Straits Times
1146:The Straits Times
1055:The Straits Times
1007:The Straits Times
916:The Straits Times
868:The Straits Times
823:The Straits Times
783:The Straits Times
721:"2抢劫伤人嫌凶被改控谋杀罪".
708:The Straits Times
693:The Straits Times
612:The Straits Times
498:life imprisonment
474:The Straits Times
174:Changi Coast Road
131:Changi Coast Road
123:
122:
111:Sterling Agencies
1468:
1420:
1419:
1418:. 21 April 2015.
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1009:. 20 March 2008.
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979:. 20 March 2008.
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785:. 25 April 2007.
778:
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213:National Service
92:Other names
33:
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1346:. 19 July 2014.
1338:
1337:
1333:
1320:
1319:
1315:
1310:. 10 July 2012.
1302:
1301:
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1292:. 22 July 2011.
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765:
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750:
749:
745:
735:
734:
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720:
719:
715:
710:. 10 June 2007.
705:
704:
700:
690:
689:
685:
672:
671:
667:
654:
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649:
639:
638:
634:
624:
623:
619:
609:
608:
604:
599:. 28 July 2008.
591:
590:
571:
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640:"自首两嫌凶被控谋杀".
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547:"送货员凌晨伤重逝世".
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103:Lorry driver
389:V. K. Rajah
233:See Kee Oon
86:Singaporean
82:Nationality
1430:Categories
1326:Yahoo News
1205:24 October
1099:24 October
942:24 October
534:References
490:moratorium
401:Penal Code
340:Penal Code
325:Penal Code
287:High Court
251:High Court
100:Occupation
466:death row
357:death row
314:Judgement
192:Pasir Ris
67:Singapore
517:See also
108:Employer
77:Murdered
479:hanging
428:⁄
369:appeals
266:⁄
244:⁄
502:caning
363:, the
1380:Today
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678:Today
660:Today
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146:caned
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1101:2023
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509:and
442:AWOL
156:and
56:Died
45:1960
38:Born
1398:BBC
1362:CNA
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359:at
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