PP v Muhamad Hasik: Culpable Homicide, Unlawful Assembly & Secret Societies
In Public Prosecutor v Muhamad Hasik bin Sahar, the High Court of Singapore sentenced Muhamad Hasik to life imprisonment with 16 strokes of the cane for culpable homicide not amounting to murder. Hasik, along with other members of the '369' secret society, participated in a premeditated attack on members of the '303' secret society, resulting in the death of Sulaiman Bin Hashim. The court found that Hasik was part of an unlawful assembly whose common object was to cause hurt with dangerous weapons, making him liable under Section 149 of the Penal Code.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to life imprisonment with 16 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Muhamad Hasik was sentenced to life imprisonment for culpable homicide as part of an unlawful assembly attack on a rival gang, resulting in death.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Ng Cheng Thiam of Attorney-General’s Chambers Imran Hamid of Attorney-General’s Chambers |
| Muhamad Hasik bin Sahar | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Cheng Thiam | Attorney-General’s Chambers |
| Imran Hamid | Attorney-General’s Chambers |
| N Kanagavijayan | N Krishna & Partners |
| Lawrence Wong | Lawrence Wong & Co |
4. Facts
- The accused pleaded guilty to being part of an unlawful assembly that caused the death of Sulaiman Bin Hashim.
- The attack was premeditated and carefully planned, targeting members of the '303' secret society.
- The victim, Sulaiman Bin Hashim, was stabbed multiple times and died from his injuries.
- The accused was a member of the '369' secret society.
- The accused participated in kicking and punching the deceased after he had collapsed.
- The attack was unprovoked and occurred in a public area.
- The accused had a prior conviction for voluntarily causing hurt with dangerous weapons.
5. Formal Citations
- Public Prosecutor v Muhamad Hasik bin Sahar, CC 12/2002, [2002] SGHC 105
6. Timeline
| Date | Event |
|---|---|
| Deceased attended a party at the 'Rootz' discotheque. | |
| Accused and his friends celebrated Syamsul’s birthday at the 'Seven' Discotheque. | |
| Attack on rival gang '303' was planned. | |
| Deceased and his friends were attacked; Sulaiman Bin Hashim died. | |
| Accused was arrested. | |
| Fazely was arrested. | |
| Khairul Famy was arrested in Batam and brought back to Singapore. | |
| Ridzwan and Fahmi pleaded guilty in the Subordinate Courts. | |
| Accused was convicted of voluntarily causing hurt with dangerous weapons. | |
| Accused was sentenced to life imprisonment. |
7. Legal Issues
- Culpable Homicide Not Amounting to Murder
- Outcome: The court found the accused guilty of culpable homicide not amounting to murder.
- Category: Substantive
- Sub-Issues:
- Common intention
- Unlawful assembly
- Pre-meditation
- Appropriateness of Life Imprisonment Sentence
- Outcome: The court determined that life imprisonment was appropriate despite mitigating factors.
- Category: Procedural
- Sub-Issues:
- Mitigating factors
- Youth of the accused
- Role in the offence
- Related Cases:
- [1999] 2 SLR 288
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Culpable Homicide Not Amounting to Murder
- Unlawful Assembly
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Tan Kei Loon Allan | Court of Appeal | Yes | [1999] 2 SLR 288 | Singapore | Cited to argue against life imprisonment, noting the court's caution in sentencing young offenders to life imprisonment and to compare the facts of the case. |
| PP v Ng Kwok Soon | High Court | Yes | PP v Ng Kwok Soon (Criminal Case No. 58 of 2001) | Singapore | Cited to distinguish the facts of the case from the present case, where the accused was sentenced to life imprisonment for attempted murder. |
| PP v Ravindran | Malaysian High Court | Yes | [1993] 1 MLJ 45 | Malaysia | Cited for the principle that the court should consider individual roles when sentencing each of them. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 304(a) Penal Code (Cap 224) | Singapore |
| s 149 Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Unlawful assembly
- Secret society
- Premeditation
- Common object
- Gang
- Life imprisonment
- Caning
15.2 Keywords
- Culpable homicide
- Unlawful assembly
- Secret society
- Gang violence
- Singapore
- Criminal law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Culpable Homicide | 95 |
| Criminal Law | 90 |
| Sentencing | 85 |
| Criminal Procedure | 80 |
| Penal Code | 75 |
| Common object | 70 |
| Unlawful assembly | 65 |
| Criminal conspiracy | 60 |
16. Subjects
- Criminal Law
- Sentencing
- Secret Societies
- Violent Crime