A man sits beside your naked wife in bed – what do you do?
If your first answer is “deliver him a fist to the teeth”, then thank you – you’re normal.
This was what army regular Shawnald Lee Hong Heng did when he found a man in his bedroom with his wife. His wife was wearing nothing but her underwear.
Donovan Quek Hon Yong, 25, had taken Wong Kai Yan, 23, to her home after she got drunk during a night out.
When Shawnald turned up at home at about 1.30am, he saw his wife lying on the bed looking drowsy with Donovan sitting beside her, he promptly served up a knuckle sandwich. Consequentially, Donovan suffered fractures to the area around his right eye socket as well as loose and chipped teeth.
Circulating on Facebook is a story claiming to be the “buddy” of Shawnald. According to her account, she claims that Donovan had “the audacity to lodge a police report against Shawnald” after he got punched.
Any reasonable person of Shawnald’s age and sex would think that his actions were normal given the circumstance. I certainly did. If you’re wondering why he got slapped with a 5 week jail sentence, then you would have to look at legal clues.
There is a defence of loss of control or diminished responsibility. However, there are limits how far you can use it, otherwise a baby crying could also be argued to trigger the defence. Loss of control is available only when there is a fear of serious violence or harm to you or another person.
Sexual infidelity is not regarded as a trigger for loss of control in some common law jurisdictions. Which is probably why Shawnald was reported to have said that he was afraid his wife was being raped.
Perhaps Shawnald should appeal against the Court’s decision. It was his house, it was dark and at first sight he probably didn’t even know who was in his house…it might be too late now, but perhaps he could have taken the position that he was defending against an intruder?
I have a feeling the case hasn’t come to an end yet.
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