Public Prosecutor v. Barokah: Culpable Homicide, Diminished Responsibility, and Sentencing of Domestic Helper

In Public Prosecutor v. Barokah, the High Court of Singapore sentenced Barokah, an Indonesian domestic helper, to life imprisonment for culpable homicide not amounting to murder. Barokah pleaded guilty to causing the death of her employer, Wee Keng Wah, by pushing her out of a window. The court considered the defense of diminished responsibility due to Barokah's mental state but ultimately imposed a life sentence, citing the vulnerability of the victim, the breach of trust, and the need to deter violence by domestic workers.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Life imprisonment

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

Barokah, an Indonesian domestic helper, was sentenced to life imprisonment for culpable homicide after pushing her employer out of a window. The defense of diminished responsibility was considered.

1.7 Decision Date

10 February 2008

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Public Prosecutor	Prosecution	Government Agency	Judgment for the Prosecution	Won	Stella Tan of Deputy Public Prosecutors Amarjit Singh of Deputy Public Prosecutors
Barokah	Defendant	Individual	Life imprisonment	Lost	Wendell Wong of Drew & Napier LLC Harpreet Singh Nehal of Drew & Napier LLC Kelly Fan of Drew & Napier LLC

3. Judges

Judge Name	Title	Delivered Judgment
Tay Yong Kwang	Judge	Yes

4. Counsels

Counsel Name	Organization
Stella Tan	Deputy Public Prosecutors
Amarjit Singh	Deputy Public Prosecutors
Wendell Wong	Drew & Napier LLC
Harpreet Singh Nehal	Drew & Napier LLC
Kelly Fan	Drew & Napier LLC

4. Facts

The accused, an Indonesian domestic helper, pushed her 75-year-old employer out of a ninth-floor window.
The victim was found lying in a pool of blood at the foot of the HDB block.
The accused initially claimed the victim was found on the floor and later went missing.
The accused admitted to a struggle with the victim after being scolded for leaving the flat to meet her boyfriend.
The victim was unconscious and helpless when pushed out the window.
The accused had a history of unstable employment and personal troubles, including infidelity and financial stress.
Psychiatric evaluations revealed the accused suffered from a moderate depressive episode and a possible dependent personality disorder.

5. Formal Citations

Public Prosecutor v Barokah, CC 23/2007, [2008] SGHC 22
PP v Tan Fook Sum, , [1999] 2 SLR 523
PP v Chee Cheong Hin Constance, , [2006] 2 SLR 707
PP v Sundarti Supriyanto, , [2004] 4 SLR 622
PP v Sundarti Supriyanto, , [2004] SGHC 244
Purwanti Parji v PP, , [2005] 2 SLR 220
Neo Man Lee v PP, , [1991] SLR 146
PP v Juminem and another, , [2005] 4 SLR 536
PP v Rohana, , [2006] SGHC 52
PP v Aguilar Guen Garlejo, , [2006] 3 SLR 247
Tan Kay Beng v PP, , [2006] 4 SLR 10

6. Timeline

Date	Event
1979-05-15	Accused, Barokah, born.
2000-01-01	Accused started working for first family in Singapore.
2001-04-01	Accused stopped working for first family in Singapore.
2003-01-01	Accused went to Malaysia to work as a domestic helper.
2004-09-01	Accused returned to Singapore to work for second family.
2005-03-01	Accused sent to work for a third employer.
2005-09-20	Accused started working for Wee Keng Wah.
2005-10-19	Wee Keng Wah found dead; the alleged crime occurred.
2005-10-19	Accused arrested.
2005-11-01	Accused sent for psychiatric evaluation.
2006-05-01	Accused gave birth to a baby girl while in remand.
2006-10-01	Defence counsel engaged psychiatrist to examine the accused.
2007-04-05	Dr Tommy Tan issued supplemental report.
2007-07-11	Dr Nagulendran issued further report.
2008-02-11	Judgment reserved.

7. Legal Issues

Culpable Homicide Not Amounting to Murder
- Outcome: The court found the accused guilty of culpable homicide not amounting to murder.
- Category: Substantive
- Sub-Issues:
  - Diminished Responsibility
  - Intention to cause death
- Related Cases:
  - [2004] 4 SLR 622
  - [2004] SGHC 244
  - [2005] 2 SLR 220
  - [2005] 4 SLR 536
  - [2006] SGHC 52
  - [2006] 3 SLR 247
Diminished Responsibility
- Outcome: The court acknowledged the accused's mental condition but determined it did not negate her ability to distinguish between right and wrong.
- Category: Substantive
- Sub-Issues:
  - Severe Reactive Depression
  - Moderate Depressive Episode
  - Abnormality of Mind
  - Impaired Mental Responsibility
Sentencing
- Outcome: The court sentenced the accused to life imprisonment, emphasizing the need for deterrence and the protection of vulnerable individuals.
- Category: Procedural
- Sub-Issues:
  - Deterrence
  - Rehabilitation
  - Public Interest
  - Vulnerability of Victim
  - Employer-Domestic Worker Relationship
- Related Cases:
  - [1999] 2 SLR 523
  - [2006] 2 SLR 707
  - [2005] 2 SLR 220
  - [2006] 4 SLR 10

8. Remedies Sought

Imprisonment

9. Cause of Actions

Culpable Homicide Not Amounting to Murder

10. Practice Areas

Criminal Law
Homicide

11. Industries

Domestic Services

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
PP v Tan Fook Sum	High Court	Yes	[1999] 2 SLR 523	Singapore	Cited regarding the court's discretion to consider a deterrent sentence without a specific application from the prosecution.
PP v Chee Cheong Hin Constance	High Court	Yes	[2006] 2 SLR 707	Singapore	Cited regarding the burden on the prosecution to establish that the accused is likely to remain a future and real danger to the public without medication and permanent incarceration.
PP v Sundarti Supriyanto	High Court	Yes	[2004] 4 SLR 622	Singapore	Cited as a case where a domestic helper was convicted of culpable homicide after the defense showed grave and sudden provocation, resulting in a life imprisonment sentence.
PP v Sundarti Supriyanto	High Court	Yes	[2004] SGHC 244	Singapore	Cited as a case where a domestic helper was convicted of culpable homicide after the defense showed grave and sudden provocation, resulting in a life imprisonment sentence.
Purwanti Parji v PP	Court of Appeal	Yes	[2005] 2 SLR 220	Singapore	Cited as a case where the Court of Appeal upheld a life imprisonment sentence for a domestic helper who strangled her employer's mother-in-law, emphasizing the need to protect vulnerable individuals and deter violence by domestic workers.
Neo Man Lee v PP	Court of Criminal Appeal	Yes	[1991] SLR 146	Singapore	Cited for endorsing the Hodgson conditions for imposing a life imprisonment sentence.
R v Hodgson	English Court of Appeal	Yes	52 Cr App R 113	England and Wales	Cited for laying down conditions that would justify imposing a sentence of life imprisonment.
PP v Juminem and another	High Court	Yes	[2005] 4 SLR 536	Singapore	Cited as a case involving Indonesian domestic helpers convicted of culpable homicide with diminished responsibility, resulting in life and ten-year imprisonment sentences.
PP v Rohana	High Court	Yes	[2006] SGHC 52	Singapore	Cited as a case where a domestic helper was sentenced to ten years imprisonment for culpable homicide, with the court considering the absence of premeditation and the history of abuse suffered by the accused.
PP v Aguilar Guen Garlejo	High Court	Yes	[2006] 3 SLR 247	Singapore	Cited as a case where a domestic helper was sentenced to ten years imprisonment for culpable homicide, with the court considering the accused's mental state and the improbability of re-offending.
Tan Kay Beng v PP	High Court	Yes	[2006] 4 SLR 10	Singapore	Cited regarding the need for clear articulation of reasons for invoking deterrence in sentencing.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
section 304(a) of the Penal Code (Cap 224, 1985 Ed)	Singapore
s 231(a) of the Criminal Procedure Code (Cap 68, 1985 Ed)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Culpable Homicide
Diminished Responsibility
Domestic Helper
Life Imprisonment
Depressive Episode
Employer-Domestic Worker Relationship
Vulnerable Victim
Deterrence
Transient Mental Abnormality
Dependent Personality Disorder

15.2 Keywords

culpable homicide
diminished responsibility
domestic helper
life imprisonment
Singapore
Penal Code
mental disorder

17. Areas of Law

Area Name	Relevance Score
Culpable Homicide	95
Criminal Law	90
Criminal Procedure	80
Sentencing	75
Domestic Helper Abuse	60

16. Subjects

Criminal Law
Sentencing
Mental Health