Public Prosecutor v Gelau Anak Jimbat: Culpable Homicide Sentencing
In Public Prosecutor v Gelau Anak Jimbat, the High Court of Singapore, presided over by Justice Choo Han Teck, sentenced Gelau Anak Jimbat on November 23, 2006, for the culpable homicide of his flatmate, Azlizan Bin Mali. Gelau pleaded guilty to the charge under Section 304(a) of the Penal Code. The incident occurred on January 11, 2006, following a dispute. Despite mitigation arguments, the court imposed a sentence of ten years imprisonment and six strokes of the cane, citing the accused's pursuit and repeated stabbing of the deceased, even as he was fleeing.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The accused was sentenced to ten years imprisonment and six strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Gelau Anak Jimbat pleaded guilty to culpable homicide for stabbing his flatmate, Azlizan Bin Mali, receiving a sentence of 10 years imprisonment and six strokes of the cane.
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 | Winston Cheng Howe Ming of Deputy Public Prosecutors Stella Tan of Deputy Public Prosecutors |
| Gelau Anak Jimbat | Defense | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Winston Cheng Howe Ming | Deputy Public Prosecutors |
| Stella Tan | Deputy Public Prosecutors |
| Amolat Singh | Amolat & Partners |
4. Facts
- The accused pleaded guilty to culpable homicide for killing his flatmate.
- The incident occurred after a dispute about a missing mobile phone.
- The accused stabbed the deceased multiple times, including in the back, even as the deceased was running away.
- The deceased was stabbed once in the chest and several times in the back.
- The fatal wound was a 15cm deep stab wound to the chest that penetrated the heart.
- The accused claimed the deceased first wielded the knife.
- The accused ran away from the scene after the stabbing.
5. Formal Citations
- Public Prosecutor v Gelau Anak Jimbat, CC 28/2006, [2006] SGHC 212
6. Timeline
| Date | Event |
|---|---|
| Accused seen taking something from Marakus's folding chair. | |
| Azlizan Bin Mali was killed at Teban Gardens Road. | |
| Judgment issued. |
7. Legal Issues
- Appropriate sentence for culpable homicide
- Outcome: The court determined that a sentence of ten years imprisonment and six strokes of the cane was appropriate.
- Category: Substantive
8. Remedies Sought
- Sentencing
9. Cause of Actions
- Culpable Homicide
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 304(a) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Mitigation
- Stabbing
- Sentence
- Penal Code
15.2 Keywords
- Culpable Homicide
- Sentencing
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Culpable Homicide | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 85 |
| Sentencing | 80 |
| Murder | 60 |
16. Subjects
- Criminal Law
- Homicide
- Sentencing