Japanese national lodges successful appeal against six—week jail sentence

Japanese national lodges successful appeal against six—week jail sentence
Channel NewsAsia - Friday, November 27

Japanese national lodges successful appeal against six—week jail sentence

SINGAPORE: A Japanese national escaped imprisonment yesterday after he lodged a successful appeal against his six—week jail sentence for assaulting a taxi driver.

Mr Taniguchi Mitsuru left the cab without paying the fare on September 2 last year, after the driver failed to find the passenger’s destination despite driving round the Punggol Estate repeatedly.

Cabbie Lim Hing Soon then pursued Mr Mitsuru to collect his taxi fare but the intoxicated passenger pushed the driver.

Mr Lim, 65, then returned to his taxi to retrieve an umbrella, but fell to the ground during the tussle. The scuffle for control of the umbrella continued and the cabbie suffered a cut on his forehead.

Lawyer Tan Lee Cheng argued that Mr Mitsuru’s actions were in "self—defence", and the case was not one where the passenger laid "direct blows" or "went for the jugular". "The minute he (Mr Mitsuru) saw the taxi driver bleed, he stopped," added Ms Tan.

But deputy public prosecutor Hay Hung Chun argued that a custodial sentence was still appropriate — the passenger could have paid part of the fare and then lodge a complaint with the taxi company instead.

Justice Lee Seiu Kin noted that Mr Mitsuru, 47, feared the cabbie would use the umbrella to hit him. The High Court Judge substituted the Japanese’s jail sentence with a $2,000 fine.

But Justice Lee drew a distinction between this assault and another against a public bus driver.
In that case, Balbir Singh, 45, kicked a bus driver on his leg after being reminded the second time to pay his fare. In appealing against the one—month jail sentence, lawyer S K Kumar argued yesterday that Mr Singh’s assault on the bus was committed in "a spur of the moment" and that he was "in a hurry".

But Justice Lee rebutted the lawyer’s argument, "Half of the people taking bus are in a hurry too."

The High Court Judge noted that the bus driver was merely doing his job when he asked Mr Singh to pay his fare.

"What business does your client have in going around kicking them? He was unreasonable and obnoxious," said Justice Lee, who also noted that the safety of other bus passengers or road users might be at stake.

The High Court Judge said a deterrent message needed to be sent out that attacks against bus drivers would not be tolerated. "If you try this kind of stunt and endanger other people on the bus, we will put you in," added Justice Lee. — TODAY/vm

cabby assaulted - Jap national who assaulted cabby spared jail term, but not local who kicked bus driver

http://www.temasekreview.com/2009/11/27/jap-national-who-assaulted-cabby-spared-jail-term-but-not-local-who-kicked-bus-driver/

Jap national who assaulted cabby spared jail term, but not local who kicked bus driver
November 27, 2009 by admin

Written by Our Correspondent

Two similar cases of appeal was heard by High Court judge Justice Lee Seiu Kin yesterday with two different results.

While a Japanese national was successful in his appeal against imprisonment for assaulting a cabby, a Singaporean was jailed a month for kicking a bus driver.

Mr Taniguchi Mitsuru, 47, a Japanese construction site manager was initially sentenced to six weeks’ jail in September for using an umbrella to assault a cabby on the forehead and thigh.
He had hailed Mr Lim Hing Soon’s cab along Orchard Road in the early hours of Sept 2 last year after a night out with a friend at a pub. Mr Lim then pursued Mr Mitsuru to collect his taxi fare but was pushed to the ground by Mr Mitsuru.

When Mr Lim returned to his taxi to retrieve an umbrella, Mr Taniguchi tried to grab it away from him and both fell to the ground during the tussle.

The scuffle for control of the umbrella continued which resulted in the victim having a 7cm-long cut over the forehead, a left upper thigh wound and chest pain.

Mr Mitsuru’s lawyer argued that his actions were in “self-defence” and he stopped when he saw the taxi driver bleed. Justice Lee substituted Mr Mitsuru’s jail sentence with a $2,000 fine.

In another case, Singaporean Balbir Singh was sentenced to one month’s imprisonment for kicking a bus driver on his leg after being reminded the second time to pay his fare.

Justice Lee dismissed his appeal on the grounds that the act was committed in “a spur of the moment” and that he was “in a hurry”.

He said a deterrent message needed to be sent out that attacks against bus drivers would not be tolerated.