Yong Pung How CJ

(delivering the judgment of the court): The appellant was charged as follows:

That you, Koh Swee Beng, on or about 16 February 1988 at about 4.12pm at Block 66, Jalan Tiong, Singapore, committed murder by causing the death of one Tay Kim Teck, and you have thereby committed an offence punishable under s 302 of the Penal Code (Cap 224).

At the conclusion of the trial, the appellant was convicted of the charge and sentenced to death.

The prosecution's evidence was that on 16 February 1988, the eve of Chinese New Year, one Tan Ai Soon ('Tan') was assaulted by the deceased at about 4pm during a card game which was played in the market of Block 55A. He was bleeding from the mouth, his eyes were swollen and he was smelling of liquor. Tan's wife, his sons Tan Eng Poh ('Ah Poh'), Tan Eng Geok ('Ah Geok'), Tan Eng Chai ('Ah Chai'), and two daughters were at home. Ng Eng Guan ('Kew Moh'), the husband of one of the daughters came to the flat when he heard of the assault. A neighbour called for an ambulance. After Tan was conveyed to the hospital, the three sons and Kew Moh rushed to the ground floor to look for Tan's assailant.

When they got there, they found the app