Man slashed neighbour who confronted him with wooden pole over three-year noise dispute
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SINGAPORE: A noise dispute that had gone on between two neighbours for three years came to a head in January, with one man confronting the other with a wooden pole and the other man retaliating with a kitchen knife.
Lam Chee Kong, a 58-year-old Singaporean, admitted to his role in the fight on Wednesday (Oct 11).
He pleaded guilty to a reduced charge of of voluntarily causing hurt.
The court heard that Lam lived on the fourth floor of a Housing Board block in Bedok North.
For three years prior to the incident, he had disagreements with the neighbour living directly below him about noise coming from his unit.
The neighbour, 67-year-old Singaporean Hassan Abdullah Ashiblie, lived on the third floor with his roommate.
At about 1.30am on Jan 17 this year, Lam returned home from a work dinner where he had drunk a few alcoholic drinks.
After he got home, he heard a knocking sound from the floor below but ignored it.
A short while later, Lam heard knocks at his main door. He opened the door with his metal gate still locked and saw Hassan, who was holding a 70cm-long wooden pole.
Hassan asked Lam why he was making so much noise, and Lam responded with Hokkien vulgarities.
Hassan retaliated with Hokkien vulgarities of his own and asked Lam to come out of his house and settle the noise issue "once and for all".
Lam fetched a kitchen knife, unlocked his gate and moved quickly towards Hassan, who hit Lam repeatedly with his wooden pole as Lam began waving his knife around.
In the scuffle, Lam slashed Hassan's face, arm and hand, while Hassan hit Lam on the head with the pole.
Hassan fled after Lam wrested the pole from him, and left a trail of blood from the corridor to the staircase.
Hassan's roommate called the police, and both men were taken to hospital.
Hassan suffered a deep laceration that was 3 to 4cm-long on his head, as well as lacerations on his forearm and lip. He was given a tetanus injection and medication.
Lam suffered bleeding under his scalp and was given oral painkillers.
The prosecutor sought eight to 12 weeks' jail for Lam, saying he had previous drug convictions.
He was intoxicated, had used a kitchen knife as a weapon and inflicted hurt on a vulnerable part of the victim's body, she said.
However, she accorded him a 30 per cent discount for his plea of guilt.
She said the weapon Lam had used was far more dangerous than Hassan's, and the injuries Hassan suffered were also more serious.
Although it was Hassan who went up to Lam's house, it does not justify Lam's actions, said the prosecutor.
Hassan had been given a week's jail for his role in the fight.
Instead, he should have called for the police and waited for their arrival.
"He has now learnt to live in harmony with his neighbours," said the lawyer.
"The offence was not premeditated. The aggressor in this case was clearly the victim, who turned up at the offender's place of residence in the morning hours of 1.30am and used a wooden pole to hit the metal grille of the defendant's flat," said Mr Sng. "There was an element of provocation and reasonable apprehension of danger."
He said he only just learnt from the prosecutor that Hassan was sentenced to only a week's jail.
"There has to be parity in sentencing. Hassan was also charged under Section 323," said Mr Sng.
On his client's intoxication, he said Lam had a few beers but was in the confines of his own home.
"The fact that he was intoxicated I think is not a very significant point," said Mr Sng.
He said the victim should have gone to the town council instead of heading to Lam's flat at 1.30am with a wooden pole.
Mr Sng said "whatever aggravating factors are equally applicable to the victim" and that a wooden pole is also considered a weapon.
"But the nature of the weapons are quite different," interjected the judge.
"Yes, your honour, but it's also considered a weapon," said Mr Sng.
The judge adjourned sentencing to Oct 31.
The penalties for voluntarily causing hurt are a jail term of up to three years, a fine of up to S$5,000, or both.
www.channelnewsasia.com
SINGAPORE: A noise dispute that had gone on between two neighbours for three years came to a head in January, with one man confronting the other with a wooden pole and the other man retaliating with a kitchen knife.
Lam Chee Kong, a 58-year-old Singaporean, admitted to his role in the fight on Wednesday (Oct 11).
He pleaded guilty to a reduced charge of of voluntarily causing hurt.
The court heard that Lam lived on the fourth floor of a Housing Board block in Bedok North.
For three years prior to the incident, he had disagreements with the neighbour living directly below him about noise coming from his unit.
The neighbour, 67-year-old Singaporean Hassan Abdullah Ashiblie, lived on the third floor with his roommate.
At about 1.30am on Jan 17 this year, Lam returned home from a work dinner where he had drunk a few alcoholic drinks.
After he got home, he heard a knocking sound from the floor below but ignored it.
A short while later, Lam heard knocks at his main door. He opened the door with his metal gate still locked and saw Hassan, who was holding a 70cm-long wooden pole.
Hassan asked Lam why he was making so much noise, and Lam responded with Hokkien vulgarities.
Hassan retaliated with Hokkien vulgarities of his own and asked Lam to come out of his house and settle the noise issue "once and for all".
Lam fetched a kitchen knife, unlocked his gate and moved quickly towards Hassan, who hit Lam repeatedly with his wooden pole as Lam began waving his knife around.
In the scuffle, Lam slashed Hassan's face, arm and hand, while Hassan hit Lam on the head with the pole.
Hassan fled after Lam wrested the pole from him, and left a trail of blood from the corridor to the staircase.
Hassan's roommate called the police, and both men were taken to hospital.
Hassan suffered a deep laceration that was 3 to 4cm-long on his head, as well as lacerations on his forearm and lip. He was given a tetanus injection and medication.
Lam suffered bleeding under his scalp and was given oral painkillers.
The prosecutor sought eight to 12 weeks' jail for Lam, saying he had previous drug convictions.
He was intoxicated, had used a kitchen knife as a weapon and inflicted hurt on a vulnerable part of the victim's body, she said.
However, she accorded him a 30 per cent discount for his plea of guilt.
She said the weapon Lam had used was far more dangerous than Hassan's, and the injuries Hassan suffered were also more serious.
Although it was Hassan who went up to Lam's house, it does not justify Lam's actions, said the prosecutor.
Hassan had been given a week's jail for his role in the fight.
MITIGATION
Defence lawyer Sng Kheng Huat said this was an "unfortunate case". He said his client now acknowledges that he should not have gone to the kitchen to get the knife.Instead, he should have called for the police and waited for their arrival.
"He has now learnt to live in harmony with his neighbours," said the lawyer.
"The offence was not premeditated. The aggressor in this case was clearly the victim, who turned up at the offender's place of residence in the morning hours of 1.30am and used a wooden pole to hit the metal grille of the defendant's flat," said Mr Sng. "There was an element of provocation and reasonable apprehension of danger."
He said he only just learnt from the prosecutor that Hassan was sentenced to only a week's jail.
"There has to be parity in sentencing. Hassan was also charged under Section 323," said Mr Sng.
On his client's intoxication, he said Lam had a few beers but was in the confines of his own home.
"The fact that he was intoxicated I think is not a very significant point," said Mr Sng.
He said the victim should have gone to the town council instead of heading to Lam's flat at 1.30am with a wooden pole.
Mr Sng said "whatever aggravating factors are equally applicable to the victim" and that a wooden pole is also considered a weapon.
"But the nature of the weapons are quite different," interjected the judge.
"Yes, your honour, but it's also considered a weapon," said Mr Sng.
The judge adjourned sentencing to Oct 31.
The penalties for voluntarily causing hurt are a jail term of up to three years, a fine of up to S$5,000, or both.
