Public Prosecutor v Selvaraju: Kidnapping, Attempted Murder, Mischief by Fire, Voluntarily Causing Hurt
In Public Prosecutor v Selvaraju s/o Satippan, the High Court of Singapore, presided over by Tay Yong Kwang J, convicted Selvaraju on charges of mischief by fire, kidnapping, voluntarily causing hurt, and attempted murder. The charges stemmed from an incident on August 7, 2003, at the Varghese family home. Selvaraju was sentenced to life imprisonment and caning.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to imprisonment for life with effect from 7 August 2003 and to receive 24 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Selvaraju was convicted of kidnapping, attempted murder, mischief by fire, and voluntarily causing hurt. He was sentenced to life imprisonment and caning.
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 | Cheng Howe Ming of Deputy Public Prosecutors Deborah Tan of Deputy Public Prosecutors |
| Selvaraju s/o Satippan | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Cheng Howe Ming | Deputy Public Prosecutors |
| Deborah Tan | Deputy Public Prosecutors |
| Mohan Das Naidu | Mohan Das Naidu and Partners |
| Tey Tsun Hang | Drew and Napier LLC |
4. Facts
- The accused entered the Varghese's home and demanded $150,000 from Nina, threatening to kill her.
- The accused tied Nina's hands with wire and set fire to clothes in her bedroom.
- The accused chopped Nina's left forearm with a kitchen knife.
- The accused raised a knife above Nina's head, attempting to strike her skull.
- Nina escaped through the bathroom window and alerted the police.
- The accused claimed Roy owed him money from a prior investment.
- The court found the accused's claim of a prior investment unbelievable.
5. Formal Citations
- Public Prosecutor v Selvaraju s/o Satippan, CC 19/2004, [2004] SGHC 154
6. Timeline
| Date | Event |
|---|---|
| Accused committed mischief by fire, kidnapping, voluntarily caused hurt, and attempted murder. | |
| Nina called her mother to say that there was an intruder in their home. | |
| Accused arrested. | |
| Accused made a statement under s 122(6) of the Criminal Procedure Code. | |
| Judgment delivered. |
7. Legal Issues
- Attempted Murder
- Outcome: The court found the accused guilty of attempted murder.
- Category: Substantive
- Voluntarily Causing Hurt
- Outcome: The court found the accused guilty of voluntarily causing hurt.
- Category: Substantive
- Mischief by Fire
- Outcome: The court found the accused guilty of mischief by fire.
- Category: Substantive
- Kidnapping
- Outcome: The court found the accused guilty of kidnapping.
- Category: Substantive
- Whether demand for moneys kidnapper believed owing to him amounts to demand for 'ransom'
- Outcome: The court held that even if the accused was merely asking for money owed to him in return for the release of Nina, his acts would fall squarely within s 3 of the Kidnapping Act.
- Category: Substantive
- Whether acts of accused constituting wrongful confinement
- Outcome: The court held that the accused did wrongfully confine Nina in the house, particularly in the bedroom and the bathroom.
- Category: Substantive
- Whether act still falling within ambit of Kidnapping Act
- Outcome: The court held that the fact that the location of the kidnapper and the kidnapped and the kidnapper’s identity were known could not take the present case out of the ambit of the Kidnapping Act.
- Category: Substantive
8. Remedies Sought
- Criminal prosecution and punishment
9. Cause of Actions
- Attempted Murder
- Kidnapping
- Mischief by Fire
- Voluntarily Causing Hurt
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sia Ah Kew v PP | Court of Criminal Appeal | Yes | [1972–1974] SLR 208 | Singapore | Cited for guiding principles in sentencing for kidnapping charges. |
| USA v Jairo Leon Escobar-Posado | United States Court of Appeals for the Second Circuit | Yes | 1997 US App. LEXIS 8536 | United States | Cited to support the argument that a demand for money as a condition for the release of a victim constitutes a ransom demand even if the money is owed to the kidnapper. |
| USA v John DiGiorgio | United States Court of Appeals for the Eleventh Circuit | Yes | 1999 US App. LEXIS 19960 | United States | Cited to support the argument that the definition of ransom includes money the kidnapper believes is owed to him by the victim. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 307(1) Penal Code | Singapore |
| Section 324 Penal Code | Singapore |
| Section 436 Penal Code | Singapore |
| Section 3 Kidnapping Act | Singapore |
| Section 340 Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Kidnapping
- Ransom
- Attempted Murder
- Mischief by Fire
- Wrongful Confinement
- Voluntarily Causing Hurt
15.2 Keywords
- Kidnapping
- Attempted Murder
- Mischief by Fire
- Voluntarily Causing Hurt
- Criminal Law
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Offences | 90 |
| Penal Code | 90 |
| Abduction | 70 |
| Torts | 10 |
| Personal Injury | 5 |
| Theft | 5 |
| Drug Crimes | 1 |
| Domestic Violence | 1 |
| Asylum | 1 |
16. Subjects
- Criminal Law
- Kidnapping
- Attempted Murder
- Mischief
- Hurt