Farida Begam v PP: Maid Abuse, Voluntarily Causing Hurt, Penal Code
In Farida Begam d/o Mohd Artham v Public Prosecutor, the High Court of Singapore heard an appeal by Farida Begam against her conviction and sentence for voluntarily causing hurt to her domestic maid, Khusniati Habib. The Public Prosecutor cross-appealed against the sentence. The High Court dismissed Farida Begam's appeals, allowed the Public Prosecutor's cross-appeal, and enhanced the sentence to nine months' imprisonment, citing aggravating factors and the need for deterrence and public policy.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeals dismissed; cross-appeal allowed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Farida Begam appeals conviction for maid abuse (voluntarily causing hurt). Appeal dismissed; sentence enhanced due to aggravating factors and public policy.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Cross-appeal allowed | Won | Daniel Yong of Deputy Public Prosecutor |
| Farida Begam d/o Mohd Artham | Appellant | Individual | Appeals dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Daniel Yong | Deputy Public Prosecutor |
| Shashi Nathan | Harry Elias Partnership |
4. Facts
- The appellant was charged with voluntarily causing hurt to her domestic maid, Khusniati Habib.
- The incident occurred on 30 August 1999, at the appellant's residence.
- The appellant allegedly hit Khusniati Habib on the head, face, and chest with a wooden scrub and a slipper.
- Khusniati Habib made a police report on the same day.
- The appellant denied hitting Khusniati Habib and alleged that Khusniati Habib had stolen money and valuables.
- The appellant's evidence regarding her whereabouts on 30 August 1999 was inconsistent.
- The medical report noted hematomas and lesions over the scalp, bruises over the temples, nose, and eyelids, swelling of the eyes, and a bruise over the shoulder.
5. Formal Citations
- Farida Begam d/o Mohd Artham v Public Prosecutor, MA 149/2001, [2001] SGHC 333
6. Timeline
| Date | Event |
|---|---|
| Khusniati Habib started work as a domestic maid in the appellant's household. | |
| Khusniati Habib allegedly fell while washing the kitchen floor. | |
| Incident of abuse occurred at 7:30 am. | |
| Police report lodged at 1:30 pm. | |
| Police took photographs of PW4's injuries at 3 pm. | |
| Appellant made a police report alleging theft by PW4. | |
| Khusniati Habib examined by Dr. Khor Chong Chneah at 9:40 pm. | |
| More photographs of PW4's face were taken at 11 am. | |
| Judgment issued. |
7. Legal Issues
- Voluntarily Causing Hurt
- Outcome: The court found that the elements of the offence were present.
- Category: Substantive
- Sub-Issues:
- Intention to cause hurt
- Causation of hurt
- Sentencing for Maid Abuse
- Outcome: The court enhanced the sentence, emphasizing deterrence and public policy.
- Category: Procedural
- Sub-Issues:
- Deterrence
- Public policy
- Enhancement of penalties
- Assessment of Witness Credibility
- Outcome: The court assessed the credibility of the witnesses based on their demeanour, internal consistency, and external consistency of their evidence.
- Category: Procedural
- Sub-Issues:
- Witness demeanour
- Internal consistency of evidence
- External consistency of evidence
- Evidence of disinterested witness
- Evidence of interested witnesses
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Voluntarily Causing Hurt
10. Practice Areas
- Criminal Law
- Sentencing
- Evidence Assessment
11. Industries
- Domestic Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yap Giau Beng Terence v PP | Court of Appeal | Yes | [1998] 3 SLR 656 | Singapore | Cited for the principle that an appellate court should be slow to overturn a trial judge's findings of fact, especially where they hinge on the trial judge's assessment of the credibility and veracity of witnesses. |
| Thirumalai Kumar v PP | High Court | Yes | [1997] 3 SLR 434 | Singapore | Cited for the principle that the evidence of interested parties should be treated with caution. |
| PP v Tan Fook Sum | High Court | Yes | [1999] 2 SLR 523 | Singapore | Cited for the principle that the fact that the respondent has no previous convictions is of little assistance to him. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224) s 323 | Singapore |
| Penal Code (Cap 224) s 73 | Singapore |
| Penal Code (Cap 224) s 321 | Singapore |
| Penal Code (Cap 224) s 319 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Maid abuse
- Voluntarily causing hurt
- Deterrence
- Public policy
- Credibility of witnesses
- Interested witnesses
- Disinterested witnesses
15.2 Keywords
- Maid abuse
- Voluntarily causing hurt
- Sentencing
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Domestic Maid Abuse | 95 |
| Criminal Law | 90 |
| Sentencing | 80 |
| Criminal Procedure | 70 |
| Evidence Law | 60 |
| Personal Injury | 30 |
16. Subjects
- Criminal Law
- Sentencing
- Evidence