PP v Aniza bte Essa: Culpable Homicide & Sentencing for Mentally Disordered Offenders
In Public Prosecutor v Aniza bte Essa, the High Court of Singapore addressed the sentencing of Aniza Binte Essa, who pleaded guilty to abetting culpable homicide not amounting to murder. The charge stemmed from a conspiracy with Muhammad Nasir Bin Abdul Aziz to cause the death of her husband, Manap Bin Sarlip. The court, presided over by Chan Seng Onn J, considered Aniza's mental condition at the time of the offense, specifically her moderate depressive episode, which qualified her for the defense of diminished responsibility. Ultimately, Aniza was convicted and sentenced to 9 years imprisonment. The Public Prosecutor appealed against the sentence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted and sentenced to 9 years imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Aniza bte Essa pleaded guilty to abetting culpable homicide. The court considered her mental state and sentenced her to 9 years imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Appeal against sentence | Other | Tan Kiat Pheng, Samuel Chua |
| Aniza bte Essa | Defendant | Individual | Convicted | Lost | Noor Mohamed Marican |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Kiat Pheng | Attorney-General’s Chambers |
| Samuel Chua | Attorney-General’s Chambers |
| Noor Mohamed Marican | Marican & Associates |
4. Facts
- Aniza was charged with abetting culpable homicide after her husband's death.
- Aniza had an affair with Nasir, who killed her husband.
- Aniza was suffering from moderate depression at the time of the offense.
- The deceased was abusive towards Aniza.
- Nasir was 16 years old at the time of the offense.
- Aniza and Nasir conspired to kill the deceased.
- Aniza exploited Nasir's love for her to manipulate him into killing her husband.
5. Formal Citations
- Public Prosecutor v Aniza bte Essa, CC 9/2008, [2008] SGHC 61
6. Timeline
| Date | Event |
|---|---|
| Aniza and the deceased married. | |
| The deceased was imprisoned for desertion from the Civil Defence. | |
| The deceased was released from prison. | |
| Aniza became acquainted with Nasir. | |
| Nasir started working as a bartender in the Pub. | |
| Aniza began an extra-marital affair with Nasir. | |
| Aniza informed Nasir that she could no longer tolerate the deceased. | |
| Nasir approached Mohamad Zulkarnain Bin Hasan to find an assassin. | |
| Nasir gave Saigon the block number and the deceased’s photograph. | |
| Aniza complained to Nasir that she could not tolerate the deceased’s yelling at her anymore. | |
| Nasir waited to ambush the deceased but abandoned his plan. | |
| Nasir and Aniza went to the Pub. | |
| The deceased was killed. | |
| Judgment reserved. |
7. Legal Issues
- Culpable Homicide
- Outcome: The accused was found guilty of abetting culpable homicide not amounting to murder.
- Category: Substantive
- Sub-Issues:
- Abetment of culpable homicide
- Diminished responsibility
- Sentencing of Mentally Disordered Offenders
- Outcome: The court considered the accused's mental state and the Hodgson criteria in determining the appropriate sentence.
- Category: Procedural
- Sub-Issues:
- Application of Hodgson criteria
- Consideration of mental condition at the time of the offense
- Risk of future offenses
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Abetment of Culpable Homicide
10. Practice Areas
- Criminal Law
- Sentencing
- Homicide
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Tan Kei Loon Allan | Court of Appeal | Yes | [1999] 2 SLR 288 | Singapore | Cited regarding the court's discretion to impose a sentence of more than 10 years, but less than life imprisonment, and the approach to sentencing when a sentence between 10 years and life imprisonment is desired. |
| Neo Man Lee v PP | Court of Appeal | Yes | [1991] SLR 146 | Singapore | Approved and applied the Hodgson criteria for determining when a life imprisonment sentence is justified. |
| Purwanti Parji v PP | Court of Appeal | Yes | [2005] 2 SLR 220 | Singapore | Approved and applied the Hodgson criteria for determining when a life imprisonment sentence is justified and cautioned against committing a young offender to life imprisonment. |
| Abdul Nasir bin Amer Hamsah v PP | unknown | Yes | Abdul Nasir bin Amer Hamsah v PP [1997] 3 SLR 642 | Singapore | Cited to define life imprisonment as imprisonment for the remainder of the prisoner’s natural life. |
| R v Rowland Jack Foster Hodgson | English Court of Appeal | Yes | R v Rowland Jack Foster Hodgson (1968) 52 Cr App R 113 | England and Wales | Enunciated the Hodgson criteria for determining when a life imprisonment sentence is justified. |
| PP v Chee Cheong Hin Constance | unknown | Yes | [2006] 2 SLR 707 | Singapore | Interpreted the meaning of 'unstable character' in the context of the Hodgson criteria. |
| Public Prosecutor v Aguilar Guen Garlegjo | unknown | Yes | [2006] 3 SLR 247 | Singapore | Discussed the imposition of indeterminate prison terms for offenders with unstable medical or mental conditions. |
| PP v Juminem | unknown | Yes | [2005] 4 SLR 536 | Singapore | Compared sentencing in a case where the accused was suffering from a depressive disorder. |
| PP v Lim Ah Seng | unknown | Yes | [2006] 2 SLR 957 | Singapore | Compared sentencing in a case involving spousal abuse and post-traumatic stress disorder. |
| Ng So Kuen Connie v PP | unknown | Yes | [2003] 3 SLR 178 | Singapore | Discussed the element of general deterrence when the offender was suffering from a mental disorder. |
| Goh Lee Yin v PP | unknown | Yes | [2006] 1 SLR 530 | Singapore | Discussed the rehabilitation of the offender where deterrence is less effective due to a psychiatric condition. |
| PP v Law Aik Meng | High Court | Yes | [2007] SGHC 33 | Singapore | Discussed specific deterrence in instances where the crime is premeditated. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code, Chapter 224, s 304(a) | Singapore |
| Penal Code, Chapter 224, s 109 | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Ed), s 231(a) | Singapore |
| Arms Offences Act (Cap 14) – Section 3(3) | Singapore |
| Penal Code – Section 130B(2) | Singapore |
| Hijacking of Aircraft and Protection of Aircraft and International Airports Act (Cap 124) – Section 9 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Abetment
- Diminished responsibility
- Hodgson criteria
- Mental disorder
- Spousal abuse
- Conspiracy
- Moderate depression
15.2 Keywords
- culpable homicide
- sentencing
- mental disorder
- domestic abuse
- Singapore
- criminal law
16. Subjects
- Criminal Law
- Sentencing
- Mental Health
17. Areas of Law
- Criminal Law
- Criminal Procedure
- Sentencing
- Mental Health Law