PP v ACI: Attempted Culpable Homicide & Grievous Hurt - Sentencing
In Public Prosecutor v ACI, the High Court of Singapore sentenced ACI to five years' imprisonment after he pleaded guilty to attempted culpable homicide of B and voluntarily causing grievous hurt to C. The incident occurred following a dispute between ACI and B, during which ACI attacked B with a chopper and threw her over a parapet, also injuring C who intervened. The court considered ACI's major depressive disorder at the time of the offense but emphasized the severity of his actions and the potential for fatal consequences.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Sentenced to five years' imprisonment
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
ACI pleaded guilty to attempted culpable homicide and causing grievous hurt. The court sentenced him to five years' imprisonment, considering his depression.
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 | Amarjit Singh, Sharmila Sripathy-Shanaz, Geraldine Kang |
| ACI | Defendant | Individual | Sentenced to imprisonment | Lost | Ramesh Tiwary |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Amarjit Singh | Attorney-General's Chambers |
| Sharmila Sripathy-Shanaz | Attorney-General's Chambers |
| Geraldine Kang | Attorney-General's Chambers |
| Ramesh Tiwary | Ramesh Tiwary |
4. Facts
- The accused had an affair with Victim 1 and provided financial support to her and her children.
- The accused's financial situation worsened after his coffee shop was repossessed.
- Victim 1 wanted to end her relationship with the accused.
- The accused and Victim 1 had a quarrel regarding money and their relationship.
- The accused attacked Victim 1 with a chopper, causing grievous hurt.
- The accused threw Victim 1 over a parapet.
- Victim 2 was injured when he tried to stop the accused from attacking Victim 1.
- The accused was suffering from a major depressive disorder at the time of the offence.
5. Formal Citations
- Public Prosecutor v ACI, CC 41/2009, [2009] SGHC 246
6. Timeline
| Date | Event |
|---|---|
| Accused began having an affair with Victim 1. | |
| Accused rented a flat for Victim 1 and her children. | |
| Amendment to s 308 Penal Code increasing punishment for offences after this date. | |
| Dispute arose between the accused and Victim 1 regarding money. | |
| Accused attacked Victim 1 and Victim 2. | |
| Accused surrendered to the police. | |
| Accused was first charged. | |
| Accused pleaded guilty to two charges. | |
| Judgment issued. |
7. Legal Issues
- Attempted Culpable Homicide
- Outcome: The accused was found guilty of attempted culpable homicide.
- Category: Substantive
- Voluntarily Causing Grievous Hurt
- Outcome: The accused was found guilty of voluntarily causing grievous hurt.
- Category: Substantive
- Sentencing
- Outcome: The court sentenced the accused to five years' imprisonment, considering mitigating factors such as his mental state and the circumstances of the crime.
- Category: Procedural
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Attempted Culpable Homicide
- Voluntarily Causing Grievous Hurt
10. Practice Areas
- Criminal Law
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Chot Saik Kam | High Court | Yes | [1990] SLR 756 | Singapore | Cited as a precedent for sentencing in cases of attempted culpable homicide, but distinguished due to the higher degree of violence in the present case. |
| Public Prosecutor v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR 684 | Singapore | Cited regarding the principles of sentencing, particularly the consideration of deterrence, and distinguished based on the specific circumstances of the present case. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code, Chapter 224, section 308 | Singapore |
| Penal Code, Chapter 224, section 326 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable Homicide
- Grievous Hurt
- Chopper
- Major Depressive Disorder
- Mitigation
- Sentencing
- Parapet
- Affair
- Financial Support
15.2 Keywords
- culpable homicide
- grievous hurt
- sentencing
- depression
- singapore
16. Subjects
- Criminal Law
- Sentencing
17. Areas of Law
- Criminal Law
- Criminal Procedure
- Sentencing Principles