360:
insults and remarks that Phang said caused Kwan to become angry losing his rationality and sense of self-control He therefore stabbed Phang to death in such a frenzied state, and with so much force that Kwan's knife was twisted and bent by the time the police recovered it. The defence also drew the court's attention to Kwan's suicide attempts, further stating that Phang's killing was not premeditated and he never intended to kill Phang. The prosecution sought to impeach the defence of sudden and grave provocation, claiming that since the couple were not married and Phang herself already expressed her intention to break-up with Kwan some time prior to the killing, Kwan could not have been sufficiently provoked into killing Phang solely based on her verbal remarks, and he should be found guilty of murder. The prosecution also tried to paint Kwan as a cold-hearted and cruel killer who had a very bad temper.
403:
premeditated or cold-blooded murders because they happened in a spontaneous spur of moment and the killers losing self-control. Kwan's case was cited as the most recent example, due to Kwan being hurt and provoked by Phang's remarks, thus killing her in a moment of loss of self-control due to sudden and grave provocation. Experts also emphasized that crimes of passion, including the murder of Phang, were committed due to the offenders being triggered by words or actions that caused them to be uncontrollably angry, and the offenders of such cases had no intent to cause death or harm; the motive was often due to infidelity, love or possessiveness rather than any premeditated intent to commit these crimes.
372:
sufficiently grave and sudden provocation as to cause Kwan to kill Phang in a moment of uncontrollable anger. He also accepted that it was reasonable for Kwan to react in such a way, given that the couple shared a deep and intimate relationship and were as close as a married couple would be. The judge also accepted that Kwan's purpose of bringing the knife was not to commit murder or harm the victim, but to commit suicide should the victim refuse to go back to him. He further found that the provocation from Phang caused Kwan to use the knife to kill her in a spontaneous moment of uncontrollable anger. Therefore, Judicial
Commissioner Singh found Kwan not guilty of murder and granted him an
178:
Throughout the suicide attempts, the police had responded to a report of the stabbing and around 70 officers were deployed to conduct a manhunt for Phang's ex-boyfriend. Eventually, the police discovered the suspect hiding in a water tank of one of the nearby HDB blocks, where the suspect had slit his wrists to try to kill himself, but failed a third time. After a policewoman stepped in and convinced the suspect to give himself up, the suspect agreed to surrender and allowed the police to arrest him for stabbing his girlfriend to death, although he was initially stuck inside the water tank and the police had to help him get out. The knife was also recovered by the police after a search.
466:
provocation, even verbal remarks could amount to such an extent of provocation with respect to the mental background of the defendant. Therefore, the defence of sudden and grave provocation should be accepted in such cases and should result in a conviction for manslaughter, not murder. The court also stated that the defence was not entitled to alleged killers who were normally bad tempered, but it should be decided whether a normal person was able to retain his self-control in the face of the alleged provocation in order to determine whether the defence of sudden and grave provocation should succeed. In light of this ruling, several precedent cases, such as the
462:
Phang's parents even though they lived merely two streets away. Madam Ting also stated that unlike Phang's parents, she wanted her son and Phang to get married, and she understood that Phang's remarks about her love for Koh Meng Hock and disregard for Kwan's life must have been so provocative and hurtful that they caused her son to lose his sanity and murder Phang in an uncontrollable state of anger. Phang's parents had once told the press that they never really knew Kwan, and they expressed that they had hoped for Kwan to be hanged for killing their daughter; they were disappointed when Kwan escaped the gallows for murdering Phang.
352:
therefore his offence should be manslaughter and not murder. Kwan's testimony revealed that on the night of 4 October 1996, he was in despair over Phang's decision to break up with him and her unfaithfulness, and he went to a supermarket, purchasing two knives, and wanted to kill himself. Kwan still harboured some hope that Phang would come back to him, and he planned to threaten to commit suicide in front of Phang if she refused to go back to him. He contacted Phang under the pretext of returning some money to her, and they met up at a carpark below Kwan's flat in Yung Kwang Road.
356:
much happier with Koh. These words caused Kwan to become wholly enraged, and he used the knife to stab Phang 14 times, causing Phang's death, which was witnessed by Koh. Koh was previously unaware of the relationship between Kwan and Phang, and was also unaware about Phang cheating on Kwan for the whole time he was dating Phang, up until he read about the full details of their relationship in the newspaper. It is unknown how Koh reacted to his late girlfriend's relationship with Kwan and her unfaithfulness to Kwan.
453:'s landmark appeal on 20 August 1997, life imprisonment is to be construed as a jail term lasting the remainder of a convict's natural lifespan, deviating from the old definition of life imprisonment as 20 years' jail. The changes to the law were to be applied to cases that took place after 20 August 1997. Since Kwan committed manslaughter on 4 October 1996, about ten months before the landmark appeal verdict, his life sentence was to be considered as 20 years' imprisonment.
153:(关进清 Guān Jìnqīng), who was a Perak-born Malaysian working in Singapore, was charged with murder. Kwan, who first met Phang in 1988 and dated her, found out some time before the murder that Phang was cheating on him with another man, and when Kwan met her on that night with a threat to kill himself should Phang not return to him, Phang reportedly made a cold-blooded remark that she was much happier with the other man, which deeply provoked Kwan to stabbing Phang to death.
446:
manifestly inadequate due to the fact that Kwan had inflicted extreme violence on a defenceless woman, the grieviousness of Kwan's outburst and his deplorable conduct. The court felt a ten year sentence was too lenient. Therefore, they decided to enhance Kwan's sentence to life imprisonment, the highest punishment stipulated for manslaughter under
Singaporean law. Kwan's brother and Phang's father were reportedly present in court to hear the appellate court's verdict.
174:
carpark to return some money to her. While the man fled after Koh went to punch him and save his girlfriend, Koh found out that the man had stabbed his girlfriend. The girlfriend, who was stabbed 14 times with a knife, later died from the brutal stabbing. According to the forensic pathologist Dr Wee Keng Poh, he certified that seven of these wounds to the victim's back and chest were fatal, and these wounds were measured between 8cm and 10cm deep.
442:
and malicious words had a grave and extremely provocative impact on Kwan and they would have reasonably caused an individual in Kwan's position to lose his self-control and be overwhelmed with anger, resulting in the murder of Phang. Therefore, the Court of Appeal ruled that Kwan's defence of sudden and grave provocation should be accepted, and they rejected the prosecution's arguments, upholding Kwan's manslaughter conviction.
205:. He first met his girlfriend Phang Ai Looi, who was a 15-year-old student in 1988, when he was still working as a construction site plasterer in his hometown. They fell in love and dated each other, and when Phang became pregnant the following year, the couple wanted to get married. Phang's father disapproved of Kwan and Phang had to undergo an abortion. The couple also broke up due to Phang's father's disapproval.
399:
the consequences for what he had done. Kwan's lawyer Chua Eng Hui also commented that for having killed the person he loved dearly, his client had paid a very heavy price and would have to live with that fact for the rest of his life. Phang's 24-year-old elder sister was saddened to hear the judgement and refused to speak to reporters as she left the courtroom in tears.
220:
September 1996. After cheating on Kwan for more than a year, Phang told Kwan that she wanted to end their eight-year long relationship; Kwan responded with shock and sadness, as he still loved Phang and did not want to break up. Phang and Koh even had plans to marry each other in
October 1996, the same month Phang was murdered.
461:
More than a week after her son was given a life sentence for the manslaughter of Phang Ai Looi, Kwan's mother, who introduced herself as Madam Ting, stated that her son had done a very stupid thing for not choosing to simply split with Phang when she had eyes on another man, and she herself never met
355:
However, Phang remained indifferent despite Kwan's suicide threat, and proclaimed that she would not go back to Kwan and wanted to marry Koh Meng Hock. Phang insulted Kwan as a "good-for-nothing" and said that she never cared about Kwan's life and did not care whether he lived or died, since she was
156:
In April 1997, Kwan was convicted of manslaughter and sentenced to jail for ten years, after the trial court accepted that Kwan's defence that he killed Phang after losing his self-control due to sudden and grave provocation. Although the prosecution later lost their appeal for Kwan to be hanged for
445:
Aside from dismissing the prosecution's appeal, the Court of Appeal reviewed Kwan's sentence of ten years in jail despite the fact that the prosecution and defence never appealed against Kwan's sentence. The Court of Appeal, after some consideration, determined that Kwan's sentence of ten years was
441:
Explaining why they refused to convict Kwan of murder, the appellate judges stated that they agreed with the defence and the original trial judge that based on the long and intimate relationship between Kwan and Phang, which had evolved into a de facto husband-wife relationship, the Phang's insults
398:
According to the media, Kwan, who celebrated his 30th birthday sometime during the trial, was relieved and he broke down in tears before the prison officers escorted him out of the courtroom. Kwan's 57-year-old mother was relieved to hear the acquittal but, nonetheless, she said her son had to face
359:
Based on Kwan's account, the defence argued that Kwan, who was known to be a mild mannered and mild tempered man, had killed Phang as a result of grave and sudden provocation, and in view of the long years of romance Kwan had with Phang and their intimacy prior to Phang cheating on Kwan, the verbal
219:
In July 1995, Phang changed jobs and went to work as a clerk, and she first met Koh Meng Hock, a 31-year-old driver. Phang and Koh gradually became closer, and a month after meeting Koh, Phang began to date Koh despite her existing relationship with Kwan, with whom she still regularly had sex until
177:
After stabbing the 23-year-old victim Phang Ai Looi (who was a Perak-born
Malaysian), Phang's ex-boyfriend ran off to another building, where he tried to jump down to commit suicide but failed to due to lack of courage. The ex-boyfriend also tried to hang himself to commit suicide but again failed.
433:
and two Judges of Appeal L P Thean (Thean Lip Ping) and M Karthigesu, swiftly returned with a verdict, which was pronounced in court by CJ Yong. In the verdict, the three judges unanimously ruled that the prosecution's appeal ought to be rejected, while they decided to increase Kwan's jail term of
465:
The prosecution's appeal of Kwan Cin Cheng's case became a landmark case in
Singapore's legal history with regards to the defence of sudden and grave provocation, because it clarified that in cases of people who committed murder while under a loss of self-control as attributed to sudden and grave
351:
The trial court was told of the long history behind the romantic relationship between Kwan and Phang. While the defence did not dispute the prosecution's contention that Kwan had indeed murdered Phang, their defence was that Kwan had murdered Phang as a result of sudden and grave provocation, and
371:
In his judgement, Judicial
Commissioner Singh accepted Kwan's defence of sudden and grave provocation, finding that Kwan was a credible witness and he never planned to commit murder, and he had lost his self-control as a result of what Phang said in the face of Kwan's suicide threat, which was a
173:
On the night of 4 October 1996, while waiting for his girlfriend at a carpark in Yung Kwang Road, 31-year-old Koh Meng Hock heard some screams and he was shocked to witness his girlfriend being assaulted by her former boyfriend, who earlier contacted his girlfriend and wanted to meet her at the
402:
A month after Kwan's sentencing, psychiatrists and counsellors were interviewed with regards to the increasing occurrences of crimes of passion, including murder that involved people killing their spouses, lovers or others close to them. They told the papers that crimes of passion were not
212:, became pregnant a second time, but her sister paid for an abortion and asked Kwan to not be with her sister. Phang later became pregnant a third time and had another abortion. Still, the couple's relationship was still strong. While working in Singapore, Phang became a
165:. This appeal later became a landmark in Singaporean legal history in relation to the requirements of successfully raising a defence of sudden and grave provocation against a murder charge in Singapore.
1327:
1322:
1235:
1282:
208:
In 1992, the couple resumed their relationship and they went to
Singapore to work, after Phang completed her Malaysian GCE A-levels. A year later, Phang, then living in
181:
On 5 October 1996, the suspect, 29-year-old
Malaysian citizen Kwan Cin Cheng, was charged with murder. The charge of murder against Kwan came under Section 302 of the
423:, stating that the trial judge was wrong to accept Kwan's defence of sudden and grave provocation and therefore his conviction for manslaughter should be overturned.
1317:
1312:
1302:
474:
case, were recalled and their respective verdicts were cited as examples where a defence of sudden and grave provocation was either accepted or rejected.
1297:
1287:
1292:
344:
for the crime. Kwan was represented by Chua Eng Hui and Leo Cheng Suan, while the prosecution consisted of
Christina Koh and Jasbendar Kaur.
149:, was stabbed to death by her former boyfriend, who was caught on that same night after his suicide attempt failed. The suspect, 29-year-old
185:, which prescribed the death penalty as the sole punishment for murder. Kwan was remanded for police investigations and pending trial.
1272:
479:
1277:
500:
419:, and the prosecution - consisting of Francis Tseng, Jasbendar Kaur and Christina Koh - sought to have Kwan convicted of murder and
213:
420:
377:
713:
1307:
495:
435:
392:
391:
in
Singapore's legal terms. The judge sentenced Kwan to ten years in prison for manslaughter, which was punishable by either
328:
162:
1217:
1090:
1054:
569:
1001:
839:
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1267:
1199:
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1116:
1019:
416:
158:
965:
929:
911:
857:
785:
767:
659:
520:
1181:
1163:
1129:
1236:"Crimewatch 1998 S1 Ep 2 Love Relationship-turned-tragedy / Illegal Immigrants Influx / Woodlands Interchange Murder"
893:
731:
486:
After completing his life sentence by 2016, Kwan had since been released from prison. His current status is unknown.
380:
for murder upon conviction, Kwan's acquittal for murder allowed him to escape the death penalty for murdering Phang.
749:
695:
623:
605:
587:
1072:
1036:
983:
947:
875:
803:
641:
427:
677:
340:
On 11 April 1997, six months after the murder of Phang Ai Looi, 29-year-old Kwan Cin Cheng stood trial at the
556:
450:
341:
182:
345:
383:
After acquitting Kwan of murder, Judicial Commissioner Singh found Kwan guilty of a lesser offense of
471:
384:
477:
In April 1998, the case of Phang Ai Looi's death was re-enacted by Singaporean crime show
467:
1261:
1182:"You are useless. You are good for nothing. I don't think you dare to kill yourself'"
430:
388:
368:
On 25 April 1997, Judicial Commissioner Amarjeet Singh delivered his verdict.
306:
258:
194:
142:
101:
55:
17:
373:
82:
1164:"For 8 years young lovers defy girl's father... Then she meets a new man"
266:
202:
63:
412:
209:
134:
78:
262:
198:
146:
59:
426:
After hearing the appeal, the three-judge panel, consisting of
133:
On the night of 4 October 1996, at a carpark in Singapore's
1218:"WERE THEY PROVOKED?: How the court ruled in three cases"
193:
Kwan Cin Cheng, who had one brother, was born in 1967 in
348:
Amarjeet Singh was the presiding judge of Kwan's trial.
27:
1996 case of a woman stabbed to death by her boyfriend
1328:
Prisoners sentenced to life imprisonment by Singapore
1055:"Man escapes gallows, gets life for killing ex-lover"
324:
316:
304:
289:
281:
273:
242:
235:
123:
115:
107:
97:
89:
70:
39:
32:
1323:Malaysian prisoners sentenced to life imprisonment
930:"She tells another man: MARRY ME KWAN KILLS HER"
1147:Abdul Nasir bin Amer Hamsah v Public Prosecutor
840:"Man accused of killing ex-girlfriend on trial"
415:against Kwan's conviction was heard before the
8:
1002:"Man jailed 10 years for killing girlfriend"
161:increased Kwan's sentence from ten years to
1283:Malaysian people convicted of manslaughter
232:
29:
1108:
1106:
1104:
822:"Rebuff provoked man to kill, court told"
548:
546:
544:
542:
540:
538:
536:
534:
512:
387:not amounting to murder, also known as
570:"'I tried to hang myself, but failed'"
411:On 19 January 1998, the prosecution's
7:
376:. As Singaporean law prescribed the
229:Court proceedings and Kwan's defence
1318:Violence against women in Singapore
1313:Incidents of violence against women
1303:Malaysian people imprisoned abroad
1113:Public Prosecutor v Kwan Cin Cheng
553:Public Prosecutor v Kwan Cin Cheng
25:
501:List of major crimes in Singapore
1298:Malaysian people murdered abroad
111:High school education (Malaysia)
1288:Deaths by stabbing in Singapore
1293:Life imprisonment in Singapore
1136:(in Chinese). 19 January 1998.
1079:(in Chinese). 21 January 1998.
1043:(in Chinese). 19 January 1998.
810:(in Chinese). 19 January 1998.
642:"女郎在组屋停车场被刺死 警方包围整座组屋屋顶上捕到男嫌犯"
496:Life imprisonment in Singapore
1:
858:"认识新男友2个月便决定注册结婚 女郎与旧男友分手被刺死"
774:(in Chinese). 5 October 1996.
756:(in Chinese). 5 October 1996.
738:(in Chinese). 6 October 1996.
702:(in Chinese). 5 October 1996.
684:(in Chinese). 5 October 1996.
666:(in Chinese). 5 October 1996.
648:(in Chinese). 5 October 1996.
630:(in Chinese). 5 October 1996.
612:(in Chinese). 5 October 1996.
594:(in Chinese). 5 October 1996.
527:(in Chinese). 5 October 1996.
250:
47:
1204:The Straits Times (overseas)
990:(in Chinese). 26 April 1997.
972:(in Chinese). 26 April 1997.
954:(in Chinese). 26 April 1997.
918:(in Chinese). 25 April 1997.
912:"被告指女死者对他说： '她已有新男友 不再需要他…'"
900:(in Chinese). 22 April 1997.
882:(in Chinese). 12 April 1997.
864:(in Chinese). 11 April 1997.
214:Singapore permanent resident
1037:"男子被判误杀控方上诉驳回 刺死分手女友改判终身监禁"
1344:
1073:"控方上诉虽遭驳回 男子谋杀前女友刑期改判终身监禁"
804:"两人过着夫妻般的生活 死者另有新欢答辩人失去理智"
624:"趴在屋顶地上对着洞隙对话 冷静女警官劝服嫌凶自首"
606:"趴在屋顶地上对着洞隙对话 冷静女警官劝服嫌凶自首"
395:or up to ten years' jail.
1273:1996 murders in Singapore
786:"Kwan tells her: LOVE ME"
334:
300:
1278:Malaysian murder victims
894:"被告答辩时声称 不堪前女友辱骂盛怒下猛刺多刀"
312:Manslaughter (one count)
74:4 October 1996 (aged 23)
451:Abdul Nasir Amer Hamsah
378:mandatory death penalty
228:
224:Trial of Kwan Cin Cheng
406:
1308:Female murder victims
1200:"When words can kill"
1091:"When words can kill"
346:Judicial Commissioner
1020:"When love kills..."
407:Prosecution's appeal
141:(彭爱蕊 Péng Aìrǔi), a
1268:Murder in Singapore
678:"裕廊桃色命案 嫌犯逃屋顶钻洞遭卡住"
660:"身中多刀惨死 女书记血迹助警捕嫌凶"
472:K. Vijayan Krishnan
90:Cause of death
1188:. 31 January 1998.
1170:. 31 January 1998.
1061:. 20 January 1998.
948:"裕廊情杀案被告 误杀罪成监10年"
421:sentenced to death
320:Murder (one count)
277:Plasterer (former)
169:Stabbing and death
1222:The Straits Times
1095:The Straits Times
1059:The Straits Times
1023:The Straits Times
1006:The Straits Times
876:"无业汉买刀赴约前女友中14刀死"
844:The Straits Times
826:The Straits Times
720:. 6 October 1996.
718:The Straits Times
574:The Straits Times
436:life imprisonment
393:life imprisonment
385:culpable homicide
338:
337:
329:Life imprisonment
254: April 1967
163:life imprisonment
131:
130:
77:Yung Kwang Road,
16:(Redirected from
1335:
1252:
1251:
1249:
1247:
1232:
1226:
1225:
1224:. 29 March 1998.
1214:
1208:
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1126:
1120:
1110:
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1097:. 29 March 1998.
1087:
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1069:
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1051:
1045:
1044:
1033:
1027:
1026:
1016:
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1009:
1008:. 26 April 1997.
998:
992:
991:
980:
974:
973:
962:
956:
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944:
938:
937:
936:. 26 April 1997.
926:
920:
919:
908:
902:
901:
890:
884:
883:
872:
866:
865:
854:
848:
847:
846:. 12 April 1997.
836:
830:
829:
828:. 22 April 1997.
818:
812:
811:
800:
794:
793:
792:. 26 April 1997.
782:
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602:
596:
595:
584:
578:
577:
576:. 23 April 1997.
566:
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550:
529:
528:
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449:By the order of
309:
255:
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52:
49:
30:
21:
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1234:
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1229:
1216:
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1211:
1206:. 4 April 1998.
1198:
1197:
1193:
1180:
1179:
1175:
1162:
1161:
1157:
1151:Court of Appeal
1145:
1141:
1130:"拍拖8年闹翻 青年误杀女友"
1128:
1127:
1123:
1117:Court of Appeal
1111:
1102:
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1088:
1084:
1071:
1070:
1066:
1053:
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1035:
1034:
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1018:
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1000:
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995:
984:"男子误杀前女友判坐牢10年"
982:
981:
977:
964:
963:
959:
946:
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815:
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797:
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783:
779:
766:
765:
761:
748:
747:
743:
732:"永光路命案死者男友被控谋杀"
730:
729:
725:
712:
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707:
694:
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676:
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417:Court of Appeal
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317:Criminal charge
305:
282:Criminal status
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191:
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159:Court of Appeal
135:Yung Kwang Road
85:
75:
66:
53:
50:
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35:
28:
23:
22:
15:
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11:
5:
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1134:Shin Min Daily
1121:
1100:
1082:
1064:
1046:
1028:
1011:
993:
975:
970:Shin Min Daily
966:"误杀前女友 男子监10年"
957:
939:
921:
916:Shin Min Daily
903:
885:
867:
862:Shin Min Daily
849:
831:
813:
795:
777:
772:Shin Min Daily
759:
741:
723:
705:
687:
669:
664:Shin Min Daily
651:
633:
615:
597:
579:
561:
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525:Shin Min Daily
511:
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468:Ithinin Kamari
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247:Kwan Cin Cheng
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237:Kwan Cin Cheng
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190:
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151:Kwan Cin Cheng
137:, 23-year-old
129:
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125:
124:Known for
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1244:. Retrieved
1242:. April 1998
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1153:(Singapore).
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768:"男子被控 刺死前女友"
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714:"MURDER RAP"
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1246:19 November
521:"一刀穿心•当场毙命"
98:Nationality
51: 1973
1262:Categories
750:"男子被控刺死女友"
696:"楼下草地起获血刀"
557:High Court
555:SGHC 276,
507:References
480:Crimewatch
342:High Court
294:Madam Ting
274:Occupation
259:Ayer Tawar
195:Ayer Tawar
189:Background
183:Penal Code
116:Occupation
56:Ayer Tawar
1149:SGCA 38,
1115:SGCA 10,
457:Aftermath
374:acquittal
143:Malaysian
108:Education
102:Malaysian
83:Singapore
490:See also
296:(mother)
285:Released
267:Malaysia
203:Malaysia
93:Murdered
64:Malaysia
1240:meWATCH
364:Verdict
325:Penalty
413:appeal
290:Parent
210:Yishun
79:Jurong
263:Perak
199:Perak
147:Perak
145:from
60:Perak
1248:2023
588:"70"
243:Born
71:Died
40:Born
1264::
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20:)
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