PP v Aguilar Guen Garlejo: Culpable Homicide, Mental Disorder, and Sentencing

In Public Prosecutor v Aguilar Guen Garlejo, the High Court of Singapore sentenced Aguilar Guen Garlejo to ten years' imprisonment after she pleaded guilty to culpable homicide not amounting to murder. The court, presided over by Justice V K Rajah, considered the accused's mental state, specifically her masked depression, at the time of the offense. The case involved the death of Jane Parangan La Puebla, and the judgment was delivered on 29 May 2006.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

The accused was sentenced to a term of imprisonment of ten years.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Aguilar Guen Garlejo pleaded guilty to culpable homicide. The court considered her mental state and sentenced her to 10 years' imprisonment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyPartialPartial
Cheng Howe Ming of Deputy Public Prosecutors
Jill Tan of Deputy Public Prosecutors
Aguilar Guen GarlejoDefendantIndividualLostLost

3. Judges

Judge NameTitleDelivered Judgment
V K RajahJudgeYes

4. Counsels

Counsel NameOrganization
Cheng Howe MingDeputy Public Prosecutors
Jill TanDeputy Public Prosecutors
Nandwani Manoj PrakashGabriel Law Corporation
Nathan ShashidranHarry Elias Partnership
Navin Joseph LoboHarry Elias Partnership
Poh Ju Lyn EvangelineHarry Elias Partnership

4. Facts

  1. A street cleaner found a severed human head in a bag near Orchard Road MRT station.
  2. The bag contained pages from The Straits Times dated 8 September 2005 and two black garbage bags.
  3. The police found a suitcase with a torso at MacRitchie Reservoir.
  4. The suitcase contained pages from the 6, 7 and 8 September issues of The Straits Times.
  5. Blood stains were found on the underside of the accused's mattress.
  6. The accused admitted to having a fight with the deceased that culminated in her demise.
  7. The accused dismembered the deceased's body and disposed of the body parts in different locations.
  8. The accused was suffering from masked depression at the time of the offence.

5. Formal Citations

  1. Public Prosecutor v Aguilar Guen Garlejo, CC 15/2006, [2006] SGHC 94

6. Timeline

DateEvent
Deceased visited the accused at the Sunglade apartment and a bitter argument ensued.
Accused strangled the deceased.
Missing person's report made for the deceased.
Accused purchased a chopper, an axe, and other items at Mohamed Mustafa Shopping Centre.
Accused dismembered the deceased's body.
Severed head found near Orchard Road MRT station.
Torso found at MacRitchie Reservoir.
Accused was arrested for the murder of the deceased.
Accused admitted to having a fight with the deceased that culminated in her demise.
Accused pleaded guilty to the charge of culpable homicide not amounting to murder.
Judgment delivered.

7. Legal Issues

  1. Culpable Homicide
    • Outcome: The court found the accused guilty of culpable homicide not amounting to murder.
    • Category: Substantive
    • Sub-Issues:
      • Diminished responsibility
      • Mental abnormality
      • Lack of premeditation
  2. Sentencing for Mentally Disordered Offenders
    • Outcome: The court considered the accused's mental state and low risk of recidivism in determining the appropriate sentence.
    • Category: Procedural
    • Sub-Issues:
      • Mitigation
      • Risk of recidivism
      • Appropriate sentence

8. Remedies Sought

  1. Sentencing
  2. Imprisonment

9. Cause of Actions

  • Culpable Homicide

10. Practice Areas

  • Criminal Law
  • Sentencing
  • Homicide

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Chee Cheong Hin ConstanceHigh CourtYes[2006] SGHC 60SingaporeCited for the applicable considerations in determining whether a term of life imprisonment is appropriate for culpable homicide.
Neo Man Lee v PPCourt of AppealYes[1991] SLR 146SingaporeApproved the Hodgson criteria for imposing life imprisonment.
Purwanti Parji v PPCourt of AppealYes[2005] 2 SLR 220SingaporeApproved and applied the Hodgson criteria for imposing life imprisonment and emphasized caution in committing young offenders to life imprisonment.
R v HodgsonEnglish Court of AppealYesR v Hodgson (1968) 52 Cr App R 113England and WalesEnunciated the three broad criteria that could warrant the imposition of a term of life imprisonment.
Abdul Nasir bin Amer Hamsah v PPCourt of AppealYes[1997] 3 SLR 643SingaporeCited regarding caution before committing a young offender to life imprisonment.
PP v RohanaHigh CourtYes[2006] SGHC 52SingaporeCited regarding caution before committing a young offender to life imprisonment.
PP v Tan Kei Loon AllanHigh CourtYes[1999] 2 SLR 288SingaporeCited regarding caution before committing a young offender to life imprisonment.
Ng So Kuen Connie v PPHigh CourtYes[2003] 3 SLR 178SingaporeCited regarding the significance of general and specific deterrence when the accused had a mental illness when the crime was committed.
PP v JuminemHigh CourtYes[2005] 4 SLR 536SingaporeThe court accepted the defence of diminished responsibility and convicted them on a reduced charge under s 304(a) of the Penal Code.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 1985 Rev Ed) s 304(a)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Culpable homicide
  • Masked depression
  • Dismemberment
  • Mitigation
  • Sentencing
  • Diminished responsibility
  • Recidivism
  • Mental abnormality

15.2 Keywords

  • Culpable homicide
  • Mental disorder
  • Sentencing
  • Singapore
  • Criminal law

17. Areas of Law

Area NameRelevance Score
Culpable Homicide95
Sentencing90
Criminal Procedure90
Criminal Law90
Mitigation80
Mentally disordered offenders70
Psychiatry60

16. Subjects

  • Criminal Law
  • Sentencing
  • Mental Health Law