Public Prosecutor v Jamal anak Nyalau: Culpable Homicide Sentencing
In Public Prosecutor v Jamal anak Nyalau, the High Court of Singapore sentenced Jamal anak Nyalau, Jawi Anak Bukok, and Jeffery Anak Randi to six years and six months imprisonment each for culpable homicide not amounting to murder. The three accused were charged with causing the death of Thet Lwin by punching and kicking him. The court considered that they were first offenders, pleaded guilty at the first opportunity, and did not use weapons.
1. Case Overview
1.1 Court
High Court1.2 Outcome
All three accused sentenced to six years and six months imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Three accused were charged with culpable homicide for assaulting the deceased. The court sentenced each to six years and six months imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Hwong Meng Jet of Deputy Public Prosecutors Daniel Yong of Deputy Public Prosecutors |
| Jamal anak Nyalau | Defendant | Individual | Convicted | Lost | |
| Jawi Anak Bukok | Defendant | Individual | Convicted | Lost | |
| Jeffery Anak Randi | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| MPH Rubin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hwong Meng Jet | Deputy Public Prosecutors |
| Daniel Yong | Deputy Public Prosecutors |
| A Rajandran | A Rajandran Joseph & Nair |
| Cheah Kok Lim | Ang & Partners |
4. Facts
- The three accused persons assaulted the deceased by punching his head and kicking his body.
- The assault occurred in the back lane between Lorong 22 Geylang and Lorong 24 Geylang.
- The deceased did not retaliate during the assault.
- The cause of death was certified as intracranial haemorrhage.
- The accused persons took $15 and a receipt from the deceased's wallet.
- The accused persons moved the deceased's body after the assault.
5. Formal Citations
- Public Prosecutor v Jamal anak Nyalau and Others, CC 22/2002, [2002] SGHC 78
6. Timeline
| Date | Event |
|---|---|
| Thet Lwin died as a result of the assault. | |
| Jamal Anak Nyalau, Jawi Anak Bukok, and Jeffery Anak Randi were arrested. | |
| Judgment issued |
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
8. Remedies Sought
- Imprisonment
- Fine
9. Cause of Actions
- Culpable homicide not amounting to murder
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Teo Heng Chye | High Court | Yes | [1989] 3 MLJ 205 | Singapore | Cited as a case where the High Court imposed sentences for offences under section 304(b) of the Penal Code. |
| Chan Kim Choi v Public Prosecutor | Court of Criminal Appeal | Yes | [1991] 1 SLR 34 | Singapore | Cited as a case where the High Court imposed sentences for offences under section 304(b) of the Penal Code. |
| Tan Chee Hwee & Anor v Public Prosecutor | Court of Criminal Appeal | Yes | [1993] 2 SLR 657 | Singapore | Cited as a case where the High Court imposed sentences for offences under section 304(b) of the Penal Code. |
| Soosay v Public Prosecutor | Court of Criminal Appeal | Yes | [1993] 3 SLR 272 | Singapore | Cited as a case where the High Court imposed sentences for offences under section 304(b) of the Penal Code. |
| Roshdi v Public Prosecutor | Court of Appeal | Yes | [1994] 3 SLR 282 | Singapore | Cited as a case where the High Court imposed sentences for offences under section 304(b) of the Penal Code. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224) s 304(b) | Singapore |
| Penal Code (Cap 224) s 34 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Common intention
- Assault
- Intracranial haemorrhage
- Mitigation
- First offenders
- Pleading guilty
15.2 Keywords
- culpable homicide
- assault
- sentencing
- criminal law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Culpable Homicide | 95 |
| Offences | 90 |
| Sentencing | 80 |
| Criminal Procedure | 80 |
| Theft | 30 |
16. Subjects
- Criminal Law
- Sentencing