Public Prosecutor v Norezam bin Mohsin: Sentencing Parity in Culpable Homicide Case
In Public Prosecutor v Norezam bin Mohsin, the High Court of Singapore sentenced six members of the 'Onyx' gang for culpable homicide not amounting to murder, under section 304(a) read with section 149 of the Penal Code. The accused persons attacked a member of the rival 'Alif' gang, Zainal bin Nek, resulting in his death. The court considered the principle of parity in sentencing, ultimately imposing varying sentences of imprisonment and caning based on the individual circumstances and roles of the accused, with the sixth accused receiving a more lenient sentence due to his youth and the fifth accused receiving a harsher sentence as the instigator.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Sentences of imprisonment and caning imposed on all six accused.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Six members of the 'Onyx' gang were sentenced for culpable homicide after attacking a rival gang member. The court considered parity in sentencing.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentences imposed | Won | Francis Ng of Deputy Public Prosecutor Shawn Ho of Deputy Public Prosecutor |
| Norezam bin Mohsin | Defendant | Individual | Imprisonment and Caning | Lost | |
| Abdul Shahed s/o Akbal Ali | Defendant | Individual | Imprisonment and Caning | Lost | |
| Abdul Razak Bin Abdul Hamid | Defendant | Individual | Imprisonment and Caning | Lost | |
| Mohamad Rizal Bin Mohamed Amin | Defendant | Individual | Imprisonment and Caning | Lost | |
| Mohamed Hishamadi Bin Rahmat | Defendant | Individual | Imprisonment and Caning | Lost | |
| Khairul Iskandar Bin Khamsani | Defendant | Individual | Imprisonment and Caning | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Francis Ng | Deputy Public Prosecutor |
| Shawn Ho | Deputy Public Prosecutor |
| Abdul Jalil Tahir | A J Tahir & Co |
| Ramesh Selvaraj | Allen & Gledhill |
| Sunil Sudheesan | KhattarWong |
| Subhas Anandan | KhattarWong |
| Eugene Thuraisingam | Allen & Gledhill |
| S S Dhillon | Dhillon & Partners |
4. Facts
- The six accused were members of the 'Onyx' motorcycle gang.
- The gang gathered with the intention of attacking members of the rival 'Alif' gang.
- The accused armed themselves with knives.
- The gang attacked Zainal bin Nek, a member of the 'Alif' gang, outside a 7-Eleven store.
- The fifth accused initiated the attack by slashing Zainal with a knife.
- All six accused pleaded guilty to culpable homicide not amounting to murder.
5. Formal Citations
- Public Prosecutor v Norezam bin Mohsin and Others, CC 22/2007, [2007] SGHC 180
- PP v Norhisham bin Mohamed Dahlan, , [2004] 1 SLR 48
- PP v Hasik bin Sahar, , [2002] 3 SLR 149
- PP v Fazely bin Rahmat, , [2003] 2 SLR 184
6. Timeline
| Date | Event |
|---|---|
| Accused persons gathered to attack rival gang members. | |
| Judgment delivered. |
7. Legal Issues
- Parity in Sentencing
- Outcome: The court held that parity in sentencing is desirable but not an overriding principle, and imposed varying sentences based on individual circumstances.
- Category: Substantive
- Related Cases:
- [2004] 1 SLR 48
- [2002] 3 SLR 149
- [2003] 2 SLR 184
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 |
|---|---|---|---|---|---|
| PP v Norhisham bin Mohamed Dahlan | High Court | Yes | [2004] 1 SLR 48 | Singapore | Cited for the principle that parity in sentencing is desirable but not an overriding principle. |
| PP v Hasik bin Sahar | High Court | Yes | [2002] 3 SLR 149 | Singapore | Cited as a related case where an accomplice was sentenced to life imprisonment. |
| PP v Fazely bin Rahmat | High Court | Yes | [2003] 2 SLR 184 | Singapore | Cited as a related case arising from the same incident. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code, Cap 224, s 304(a) | Singapore |
| Penal Code, Cap 224, s 149 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Motorcycle gang
- Culpable homicide
- Parity in sentencing
- Mitigation
- Remorseful
15.2 Keywords
- culpable homicide
- sentencing
- gang
- singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Sentencing | 90 |
| Criminal Procedure | 85 |
| Murder | 70 |
| Gang Crime | 65 |
| Offences | 60 |
16. Subjects
- Criminal Law
- Sentencing