PP v Fazely bin Rahmat: Unlawful Assembly, Common Object, and Murder Charge

Fazely bin Rahmat and Khairul Famy were charged in the High Court of Singapore with the murder of Sulaiman Bin Hashim. The prosecution argued that they were part of an unlawful assembly with the common object of causing hurt with dangerous weapons. The court, presided over by Justice Choo Han Teck, found reasonable doubt as to whether the accused shared the common object of using dangerous weapons and convicted them of rioting instead. The court sentenced each of the accused to five years imprisonment and twelve strokes of the cane.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Both accused found guilty of rioting under Section 147 of the Penal Code.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Fazely bin Rahmat and Khairul Famy were charged with murder as members of an unlawful assembly. The court found them guilty of rioting, not murder, due to reasonable doubt about their intent.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyPartialPartial
Ng Cheng Thiam of Deputy Public Prosecutors
Imran Abdul Hamid of Deputy Public Prosecutors
Fazely Bin RahmatDefendantIndividualGuilty of RiotingLost
Khairul Famy bin Mohd SamsudinDefendantIndividualGuilty of RiotingLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Ng Cheng ThiamDeputy Public Prosecutors
Imran Abdul HamidDeputy Public Prosecutors
Amarick Gill SinghTan Gill & Paul
BJ LeanSyed Yahya & Partners
Anand NalachandranHarry Elias Partnership
Subhas AnandanHarry Elias Partnership

4. Facts

  1. The accused were members of the '369' secret society.
  2. The accused and their gang members mistook Sulaiman for a member of a rival gang.
  3. Sulaiman died from stab wounds to the neck and chest.
  4. The accused admitted to being part of the gang that attacked Sulaiman but denied stabbing him.
  5. The accused claimed they did not know knives were carried by other gang members.
  6. The first accused admitted to using a wallet chain during the assault.
  7. The fatal wounds were caused by daggers or knives, not the wallet chain.

5. Formal Citations

  1. Public Prosecutor v Fazely bin Rahmat and Another, CC 12/2002, [2002] SGHC 141

6. Timeline

DateEvent
Sulaiman and his friends were walking outside Bernie Goes To Town pub.
The accused and their gang members attacked Sulaiman and his friends.
Sulaiman was pronounced dead at the scene.
Statement of the first accused recorded.
Judgment delivered.

7. Legal Issues

  1. Common Object of Unlawful Assembly
    • Outcome: The court found that the prosecution had not proven beyond a reasonable doubt that the accused shared the common object to cause hurt with dangerous weapons.
    • Category: Substantive
    • Sub-Issues:
      • Formation of common object at any point in time
      • Awareness of gang members carrying dangerous weapons
      • Inference of new common intention
  2. Admissibility of Statements
    • Outcome: The court admitted the statement into evidence after a voir dire, finding that it was made voluntarily, but clarified that the statement is not incontrovertible and the maker can explain its contents.
    • Category: Procedural
    • Sub-Issues:
      • Voluntariness of statement
      • Explanation of statement's contents

8. Remedies Sought

  1. Punishment for Murder

9. Cause of Actions

  • Murder
  • Rioting

10. Practice Areas

  • Criminal Law
  • Homicide

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Thongthot Yorsad-ArtHigh CourtYesPP v Thongthot Yorsad-Art case (CC 3 of 2002, unreported)SingaporeDistinguished from the present case due to the presence of weapons and a specific target in the cited case, unlike the present case where not everyone was armed and the accused's knowledge of weapons being used was uncertain.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
s 147 of the Penal Code, Ch 224Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Unlawful assembly
  • Common object
  • Dangerous weapons
  • Secret society
  • Voir dire
  • Voluntariness
  • Rioting

15.2 Keywords

  • Murder
  • Unlawful Assembly
  • Rioting
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Murder95
Criminal Law90
Penal Code80
Unlawful assembly75
Evidence70
Common object70
Voluntariness of statement65
Criminal Procedure60
Criminal Revision40
Public Prosecutor30

16. Subjects

  • Criminal Law
  • Unlawful Assembly
  • Rioting
  • Evidence