PP v Muhammad Zulkahil: Sentencing for Culpable Homicide and Unlawful Assembly in Motorcycle Gang Assault
In Public Prosecutor v Muhammad Zulkahil bin Johari and Another, the High Court of Singapore delivered a judgment on March 30, 2009, regarding the sentencing of two members of the 'Onyx' motorcycle gang for their involvement in the death of a member of a rival gang. Muhammad Zulkahil bin Johari (first accused) and Nur Rizal Bin Mohamed Zainul (second accused) were charged with culpable homicide not amounting to murder. The first accused was sentenced to nine years imprisonment and 10 strokes of the cane. The second accused was sentenced to eight years imprisonment and 10 strokes of the cane for culpable homicide, and 12 months’ imprisonment and six strokes of the cane for causing hurt, with the terms to run consecutively.
1. Case Overview
1.1 Court
High Court1.2 Outcome
First accused sentenced to nine years imprisonment and 10 strokes of the cane; second accused sentenced to eight years imprisonment and 10 strokes of the cane for culpable homicide, and 12 months’ imprisonment and six strokes of the cane for causing hurt, to run consecutively.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Sentencing judgment for members of the 'Onyx' motorcycle gang involved in the assault and death of a rival gang member. Focus on culpable homicide.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentencing | Neutral | Sellakumaran Sellamuthoo of Deputy Public Prosecutor |
| Muhammad Zulkahil bin Johari | Defendant | Individual | Sentenced | Lost | |
| Nur Rizal Bin Mohamed Zainul | Defendant | Individual | Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sellakumaran Sellamuthoo | Deputy Public Prosecutor |
| S Balamurugan | Edmond Pereira & Partners |
| Edmond Pereira | Edmond Pereira & Partners |
4. Facts
- First and second accused were members of the 'Onyx' motorcycle gang.
- Onyx gang gathered to assault members of the 'Alif' gang.
- Second accused instructed gang to search for Zainal.
- Zainal was stabbed and died.
- First accused was 19 years old at the time of the assault.
- Second accused was not present at the assault.
5. Formal Citations
- Public Prosecutor v Muhammad Zulkahil bin Johari and Another, CC 13/2009, [2009] SGHC 74
6. Timeline
| Date | Event |
|---|---|
| Onyx gang gathered to assault members of the Alif gang. | |
| Second accused committed an unrelated assault. | |
| Six members of the Onyx gang were sentenced. | |
| Judgment delivered. |
7. Legal Issues
- Culpable Homicide Not Amounting to Murder
- Outcome: The accused persons were sentenced for culpable homicide not amounting to murder.
- Category: Substantive
- Sentencing Principles
- Outcome: The court considered consistency of sentences and individual circumstances of each offender.
- Category: Procedural
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Culpable Homicide Not Amounting to Murder
- Unlawful Assembly
- Causing Hurt
10. Practice Areas
- Criminal Law
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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 |
| Penal Code, s 324 | Singapore |
| Criminal Procedure Code, Cap 68, s 12(1) | Singapore |
| Penal Code, s 427 | Singapore |
| Penal Code, s 506 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Motorcycle gang
- Onyx
- Alif
- Culpable homicide
- Unlawful assembly
- Common object
- Sentencing
- Corrective training
15.2 Keywords
- culpable homicide
- motorcycle gang
- sentencing
- criminal law
- unlawful assembly
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Culpable Homicide | 95 |
| Sentencing | 90 |
| Criminal Law | 90 |
| Criminal Procedure | 85 |
| Offences | 70 |
| Unlawful assembly | 60 |
| Gang Related Crime | 50 |
16. Subjects
- Criminal Law
- Sentencing
- Gang Violence