Public Prosecutor v Rohana: Culpable Homicide Sentencing for Maid Killing Employer
In Public Prosecutor v Rohana, the High Court of Singapore sentenced Rohana, an Indonesian maid, to ten years' imprisonment for culpable homicide not amounting to murder of her employer. Rohana pleaded guilty to the charge under Section 304(a) of the Penal Code. The court considered mitigating factors, including the absence of premeditation and evidence of abuse, but emphasized that violence by maids against employers cannot be tolerated. The court distinguished this case from others where life imprisonment was imposed, noting the lack of premeditation and the accused's mental state.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to imprisonment for ten years.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Rohana, an Indonesian maid, pleaded guilty to culpable homicide for killing her employer. The court sentenced her to 10 years' imprisonment, considering mitigating factors.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial | Partial | Mark Tay of Deputy Public Prosecutors Jean Kua of Deputy Public Prosecutors Jaswant Singh of Deputy Public Prosecutors |
| Rohana | Defendant | Individual | Lost | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mark Tay | Deputy Public Prosecutors |
| Jean Kua | Deputy Public Prosecutors |
| Jaswant Singh | Deputy Public Prosecutors |
| Mohamed Muzammil | Muzammil Nizam & Partners |
4. Facts
- The accused, Rohana, was an Indonesian maid working for the deceased.
- On 3 July 2005, Rohana killed her employer, A, by strangulation.
- The incident occurred between 7.58 a.m. and 9.57 a.m. at the deceased's residence.
- The accused inflicted 75 external injuries on the deceased.
- The accused attempted to cover up the crime by cleaning the scene and hiding evidence.
- The accused was suffering from a moderately severe depressive episode, which impaired her mental responsibility.
5. Formal Citations
- Public Prosecutor v Rohana, CC 8/2006, [2006] SGHC 52
6. Timeline
| Date | Event |
|---|---|
| Accused started work for the deceased | |
| Deceased was killed | |
| Autopsy performed on the deceased | |
| Accused remanded | |
| Judgment issued |
7. Legal Issues
- Culpable Homicide
- Outcome: The court found the accused guilty of culpable homicide not amounting to murder.
- Category: Substantive
- Sentencing
- Outcome: The court sentenced the accused to 10 years' imprisonment, considering mitigating factors such as the absence of premeditation and the accused's mental state.
- Category: Procedural
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Culpable Homicide
10. Practice Areas
- Criminal Law
- Homicide
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Purwanti Parji v PP | High Court | Yes | [2005] 2 SLR 220 | Singapore | Cited as a case where an Indonesian maid was sentenced to life imprisonment for killing her employer's mother-in-law, but distinguished due to premeditation in that case. |
| PP v Sundarti Supriyanto (No 2) | High Court | Yes | [2004] SGHC 244 | Singapore | Cited as a case where a maid was convicted on a reduced charge under s 304(a) of the Penal Code and sentenced to life imprisonment, but distinguished because the accused's actions caused the death of two lives. |
| PP v Juminem | High Court | Yes | [2005] 4 SLR 536 | Singapore | Cited as a case where two accused were charged with murder but convicted of culpable homicide due to diminished responsibility, and distinguished due to premeditation in that case. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 304(a) Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Mitigation
- Diminished responsibility
- Strangulation
- Maid abuse
15.2 Keywords
- culpable homicide
- sentencing
- maid
- employer
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Culpable Homicide | 100 |
| Criminal Law | 90 |
| Penal Code | 90 |
| Sentencing | 80 |
| Criminal Procedure | 80 |
| Mitigation | 70 |
16. Subjects
- Criminal Law
- Sentencing