PP v Raffi Bin Jelan: Culpable Homicide, Robbery with Hurt, Films Act & Misuse of Drugs Act Offences

In Public Prosecutor v Raffi Bin Jelan and Another, the High Court of Singapore sentenced Raffi Bin Jelan to 20 years of preventive detention and 21 strokes of caning for culpable homicide not amounting to murder, robbery with voluntarily causing hurt, consumption of controlled drugs, possession of uncertified films, and possession of obscene films. The charges arose from an incident on 31 August 2003, where Raffi Bin Jelan and Badariah Binte Mastor attacked and robbed an elderly man, Ahmad bin Yang Besar, who later died from his injuries. Badariah Binte Mastor was previously sentenced to five years' imprisonment for her role in the crime.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused sentenced to 20 years of preventive detention and 21 strokes of caning.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Raffi Bin Jelan was sentenced to preventive detention and caning for culpable homicide, robbery with hurt, and drug-related offenses. The case highlights the severity of violence against vulnerable victims.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
David Khoo of Deputy Public Prosecutor
Shirani Alfreds of Deputy Public Prosecutor
Raffi Bin JelanDefendantIndividualSentence of Preventive DetentionLost
Badariah Binte MastorDefendantIndividualSentence of ImprisonmentLost
Ahmad Nizam of Independent Practitioner

3. Judges

Judge NameTitleDelivered Judgment
V K RajahJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
David KhooDeputy Public Prosecutor
Shirani AlfredsDeputy Public Prosecutor
Ahmad NizamIndependent Practitioner

4. Facts

  1. The deceased, Ahmad bin Yang Besar, was a 74-year-old cardboard collector who slept in void decks.
  2. The accused, Raffi bin Jelan, and co-accused consumed alcohol before encountering the deceased.
  3. The accused demanded money from the deceased, slapping him when he claimed to have none.
  4. The accused stole a few dollar notes from the deceased's wallet.
  5. The deceased complained about the accused, which angered the accused and co-accused.
  6. The accused and co-accused viciously attacked the deceased, kicking and punching him.
  7. The accused used the deceased's penknife to slash his face repeatedly.
  8. The deceased died two weeks later from head injuries sustained during the attack.

5. Formal Citations

  1. Public Prosecutor v Raffi Bin Jelan and Another, CC 17/2004, [2004] SGHC 120

6. Timeline

DateEvent
Accused and co-accused consumed alcohol in Orchard Road.
Accused and co-accused attacked Ahmad bin Yang Besar.
Accused and co-accused were arrested.
Ahmad bin Yang Besar died.
Co-accused pleaded guilty.
Accused initially claimed trial.
Accused pleaded guilty to some charges.
Co-accused sentenced to imprisonment.
Judgment delivered.

7. Legal Issues

  1. Culpable Homicide Not Amounting to Murder
    • Outcome: Accused found guilty of culpable homicide not amounting to murder.
    • Category: Substantive
  2. Robbery with Hurt
    • Outcome: Accused found guilty of robbery with voluntarily causing hurt.
    • Category: Substantive
  3. Possession of Obscene Films
    • Outcome: Charge taken into consideration.
    • Category: Substantive
  4. Possession of Uncertified Films
    • Outcome: Charge taken into consideration.
    • Category: Substantive
  5. Consumption of Controlled Drugs
    • Outcome: Accused found guilty of consumption of controlled drugs.
    • Category: Substantive
  6. Preventive Detention
    • Outcome: Accused sentenced to preventive detention.
    • Category: Procedural

8. Remedies Sought

  1. Imprisonment
  2. Preventive Detention
  3. Caning

9. Cause of Actions

  • Culpable Homicide Not Amounting to Murder
  • Robbery with Voluntarily Causing Hurt
  • Possession of Uncertified Films
  • Possession of Obscene Films
  • Consumption of Controlled Drugs

10. Practice Areas

  • Criminal Law
  • Sentencing
  • Drug Offences
  • Violent Crime

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Wong Wing HungHigh CourtYes[1999] 4 SLR 329SingaporeCited for the rationale of imposing preventive detention to protect the public from offenders who pose a menace to society.
PP v Perumal s/o SuppiahHigh CourtYes[2000] 3 SLR 308SingaporeCited for the principle that preventive detention is warranted when an offender poses a significant threat to society, necessitating a substantial period of incarceration.
Tan Ngin Hai v PPHigh CourtYes[2001] 3 SLR 161SingaporeCited for the principle that dangerous offenders should not be given the opportunity to re-offend.
R v Allen and BennettN/AYes(1988) 10 Cr App R (S) 466N/ACited for the principle that offenders who commit offences against vulnerable victims ought to be more severely dealt with by the court.
R v BoswellN/AYes(1982) 4 Cr App R (S) 317N/ACited for the principle that offenders who commit offences against vulnerable victims ought to be more severely dealt with by the court.
R v Roberts and RobertsN/AYes(1982) 4 Cr App R (S) 8N/ACited for the principle that wholly gratuitous violence over and above the violence intrinsically involved in the commission of an offence must be treated with an altogether more severe and deterrent sentence.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 1985 Rev Ed) s 304(b)Singapore
Penal Code (Cap 224, 1985 Rev Ed) s 394Singapore
Films Act (Cap 107, 1998 Rev Ed) s 30(1)Singapore
Films Act (Cap 107, 1998 Rev Ed) s 21(1)(a)Singapore
Misuse of Drugs Act (Cap 185, 2001 Rev Ed) s 33(4)Singapore
Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 12(2)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Culpable Homicide
  • Robbery with Hurt
  • Preventive Detention
  • Vulnerable Victim
  • Gratuitous Violence
  • Recidivism
  • Penknife
  • Drug Consumption
  • Alcohol Consumption

15.2 Keywords

  • Culpable Homicide
  • Robbery
  • Drugs
  • Preventive Detention
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Penal Code90
Offences90
Sentencing85
Misuse of Drugs Act80
Criminal Procedure75
Theft60
Capital Punishment50
Murder40
Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act30
Corrosive and Explosive Substances and Offensive Weapons Act20
Criminal conspiracy10

16. Subjects

  • Criminal Law
  • Sentencing
  • Drug Offences
  • Robbery
  • Homicide