Mohd Raffiq v PP: Murder Conviction Appeal - False Confessions & DNA Evidence

In 2004, Mohd Raffiq bin Mohd Aslam appealed to the Court of Appeal of Singapore against his conviction for the murder of Saratha d/o Sangeo. The prosecution relied on statements made by Mohd Raffiq, while the defense argued that these were false confessions and pointed to the initial charging of the deceased's husband and the presence of his DNA at the scene. The Court of Appeal, comprising Chao Hick Tin JA, Kan Ting Chiu J, and Yong Pung How CJ, dismissed the appeal, finding that the trial judge was justified in convicting Mohd Raffiq based on his confessions and other evidence.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Mohd Raffiq appeals his murder conviction, claiming false confession. The Court of Appeal dismisses the appeal, upholding the conviction.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyConviction UpheldWon
Khoo Oon Soo of Deputy Public Prosecutors
Terrence Tay of Deputy Public Prosecutors
Mohd Raffiq Bin Mohd AslamAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of AppealNo
Kan Ting ChiuJudgeYes
Yong Pung HowChief JusticeNo

4. Counsels

Counsel NameOrganization
Khoo Oon SooDeputy Public Prosecutors
Terrence TayDeputy Public Prosecutors
Goh Teck WeeGoh Chang JP and Wong
David RasifDavid Rasif and Partners

4. Facts

  1. Mohd Raffiq was convicted of murdering Saratha d/o Sangeo.
  2. Saratha was found dead in her home on 9 August 2002.
  3. Mohd Raffiq pawned Saratha's jewellery for $1,100 on 7 August 2002.
  4. Mohd Raffiq initially confessed to hitting Saratha with a metal bar.
  5. Mohd Raffiq later retracted his confession, claiming it was false.
  6. Jaganathan, Saratha's husband, was initially charged with the murder but was later discharged.
  7. Jaganathan's DNA was found in a stain on the kitchen floor of the deceased's flat.

5. Formal Citations

  1. Mohd Raffiq Bin Mohd Aslam v Public Prosecutor, Cr App 2/2004, [2004] SGCA 32
  2. PP v Mohd Raffiq bin Mohd Aslam, , [2004] SGHC 57

6. Timeline

DateEvent
Murder of Saratha d/o Sangeo
Jaganathan Subrayan found unconscious
Saratha d/o Sangeo found dead
Mohd Raffiq bin Mohd Aslam arrested
Appeal dismissed

7. Legal Issues

  1. Retraction of Confession
    • Outcome: The court held that an accused person can be convicted on their own retracted confession if the court is satisfied of its truth.
    • Category: Substantive
    • Related Cases:
      • [1972–1974] SLR 232
  2. Sufficiency of Evidence
    • Outcome: The court found that the trial judge was well justified in convicting the appellant on the basis of his confessions and the other evidence before the court.
    • Category: Substantive

8. Remedies Sought

  1. Appeal against conviction
  2. Reversal of sentence

9. Cause of Actions

  • Murder

10. Practice Areas

  • Criminal Appeals
  • Homicide Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ismail bin U K Abdul Rahman v PPCourt of Criminal AppealYes[1972–1974] SLR 232SingaporeCited for the principle that an accused person can be convicted on their own retracted confession if the court is satisfied of its truth.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 302 of the Penal Code, Chapter 224Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Confession
  • Retraction
  • DNA evidence
  • Thali
  • Murder
  • False confession

15.2 Keywords

  • Murder
  • Confession
  • Appeal
  • Singapore
  • Criminal Law
  • DNA
  • Evidence

17. Areas of Law

Area NameRelevance Score
Murder99
Criminal Law95
Offences80
Confessions75
Criminal Procedure60
Evidence Law50

16. Subjects

  • Criminal Law
  • Evidence
  • Appeals