PP v Md Mosharaf: Culpable Homicide, Illegal Entry, Extortion, Strangulation
In Public Prosecutor v Md Mosharaf, Shamim Ahmed, Sobuj Miah, and Mamun, the High Court of Singapore, presided over by Justice Lee Seiu Kin, sentenced the four Bangladeshi nationals to four years' imprisonment each for culpable homicide not amounting to murder. The accused persons, who were illegally residing in Singapore, caused the death of their landlord, Mohamad Azanil bin Aman, during an altercation stemming from demands for 'pocket money'. The court considered mitigating factors, including the accused's impoverished backgrounds and the deceased's extortion, but emphasized the severity of the crime and the prolonged suffering of the victim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The four accused persons were sentenced to four years’ imprisonment each for the joint charge of culpable homicide.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Four Bangladeshi nationals were convicted of culpable homicide for causing the death of their landlord during an extortion dispute. The court sentenced them to four years' imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Tan Kiat Pheng of Attorney-General’s Chambers Diane Tan of Attorney-General’s Chambers |
| Md Mosharaf | Defendant | Individual | Convicted of Culpable Homicide | Lost | |
| Shamim Ahmed | Defendant | Individual | Convicted of Culpable Homicide | Lost | |
| Sobuj Miah | Defendant | Individual | Convicted of Culpable Homicide | Lost | |
| Mamun | Defendant | Individual | Convicted of Culpable Homicide | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Kiat Pheng | Attorney-General’s Chambers |
| Diane Tan | Attorney-General’s Chambers |
| S Balamurugan | Edmond Pereira & Partners |
| Edmond Pereira | Edmond Pereira & Partners |
4. Facts
- The four accused are Bangladeshi nationals who entered or remained in Singapore illegally to seek work.
- The accused rented a room from the deceased, paying S$150 per month each.
- The deceased repeatedly demanded 'pocket-money' from the accused, sometimes up to hundreds of dollars.
- The deceased threatened to call the police or have his 'gangster' son beat up the accused if they didn't pay.
- On 9 December 2007, the deceased demanded money again and threatened to call the police when refused.
- The accused restrained the deceased by gagging him, tying his hands and legs, and wrapping him in a bed sheet.
- The accused left the deceased tied up in the flat, and he died of asphyxiation after approximately 48 hours.
5. Formal Citations
- Public Prosecutor v Md Mosharaf and Others, CC 26/2009, [2009] SGHC 163
6. Timeline
| Date | Event |
|---|---|
| Accused persons rented a room from the deceased. | |
| The four accused persons caused the death of Mohamad Azanil bin Aman. | |
| Shamim called the Complainant’s sister, Maimoon, informing her that the Deceased’s hands and legs were tied up. | |
| The Complainant discovered the Deceased lying motionless on the floor in the bedroom. | |
| Shamim and Mosharaf were arrested. | |
| Sobuj and Mamun were arrested. | |
| The four accused persons pleaded guilty before the judge. | |
| Decision Date |
7. Legal Issues
- Culpable Homicide
- Outcome: The court found the accused persons guilty of culpable homicide not amounting to murder under s 304(b) read with s 34 of the Penal Code.
- Category: Substantive
- Sub-Issues:
- Common intention
- Knowledge of likelihood of causing death
- Asphyxiation
- Illegal Entry
- Outcome: Three of the accused were found guilty of entering Singapore without a valid pass under s 6(1)(c) of the Immigration Act. One accused was found guilty of remaining unlawfully in Singapore after expiry of a special pass under s 15(3)(b) of the Immigration Act.
- Category: Substantive
8. Remedies Sought
- Imprisonment
- Fine
- Caning
9. Cause of Actions
- Culpable Homicide
- Illegal Entry
- Remaining Unlawfully in Singapore
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Jamal anak Nyalau | High Court | Yes | [2002] 3 SLR 66 | Singapore | Cited as a precedent for sentencing in culpable homicide cases. |
| Public Prosecutor v Katun Bee Binte S Ibrahim | High Court | Yes | [2004] SGHC 46 | Singapore | Cited as a precedent for sentencing in culpable homicide cases. |
| Public Prosecutor v Lim Boon Seng | High Court | Yes | [2004] SGHC 113 | Singapore | Cited as a precedent for sentencing in culpable homicide cases. |
| Public Prosecutor v Lim Ah Seng | High Court | Yes | [2006] SGHC 122 | Singapore | Cited as a precedent for sentencing in culpable homicide cases. |
| Public Prosecutor v Chan Soi Peng | High Court | Yes | [2007] SGHC 184 | Singapore | Cited as a precedent for sentencing in culpable homicide cases. |
| Tan Chee Hwee v Public Prosecutor | Court of Appeal | Yes | [1993] 2 SLR 657 | Singapore | Cited by the prosecution as an aggravating factor where the offence was committed to avoid punishment for immigration offences. |
| Public Prosecutor v Budiman Bin Hassan | High Court | Yes | [1994] SGHC 28 | Singapore | Cited by the prosecution as an aggravating factor where the offence was committed to avoid punishment for immigration offences. |
| PP v Wan Chin Hon | High Court | Yes | [2005] SGHC 121 | Singapore | Cited for the principle that like cases must be treated alike, and that each case must be assessed on its own merits. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Immigration Act (Cap 133, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable Homicide
- Common Intention
- Asphyxiation
- Illegal Immigrants
- Pocket-Money
- Extortion
- Ghim Moh Road
- Gamcha
15.2 Keywords
- culpable homicide
- illegal entry
- extortion
- strangulation
- Singapore
- Bangladeshi nationals
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Penal Code | 80 |
| Immigration Offences | 70 |
| Administrative Law | 30 |
16. Subjects
- Criminal Law
- Immigration Law