Public Prosecutor v AFR: Culpable Homicide of a Child Under Section 304(b) of the Penal Code
In Public Prosecutor v AFR, the High Court of Singapore heard the case against AFR, who was initially charged with murder but convicted of culpable homicide under section 304(b) of the Penal Code for causing the death of his two-year-old daughter on January 6, 2009. Justice Lee Seiu Kin sentenced AFR to six years' imprisonment, taking into account the circumstances of the crime and relevant precedents. The Public Prosecutor has appealed against the sentence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused acquitted of murder but convicted of culpable homicide; sentenced to six years’ imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Accused was charged with murder but convicted of culpable homicide for causing the death of his daughter. The court sentenced him to six 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 | Cheng Howe Ming Winston of Attorney-General’s Chambers Tan Wei Ling Stella of Attorney-General’s Chambers |
| AFR | Defendant | Individual | Convicted of culpable homicide | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Cheng Howe Ming Winston | Attorney-General’s Chambers |
| Tan Wei Ling Stella | Attorney-General’s Chambers |
| Kanagavijayan Nadarajan | Kana & Co |
| Rajan Supramaniam | Hilborne & Co |
4. Facts
- The accused was charged with the murder of his daughter.
- The deceased died as a result of a rupture to the inferior vena cava.
- The accused had subjected the deceased to a severe beating with blows from his fists and possibly his feet.
- The blows caused bleeding in the left lung and caecum and the rupture to the IVC.
- The accused loved the deceased but had a violent streak.
- The accused was stressed by the deceased playing with his cigarettes and chewing on his tobacco.
- The accused lost control in the heat of the moment and went well beyond what was justified.
5. Formal Citations
- Public Prosecutor v AFR, Criminal Case No 44 of 2009, [2010] SGHC 230
- Public Prosecutor v AFR, , [2010] SGHC 82
6. Timeline
| Date | Event |
|---|---|
| Deceased's date of birth | |
| Accused caused the death of the deceased | |
| Judgment given; accused acquitted of murder but convicted of culpable homicide | |
| Submissions on sentence made by prosecution and defence | |
| Grounds for decision on the sentence given |
7. Legal Issues
- Culpable Homicide
- Outcome: The accused was convicted of culpable homicide under s 299 and punishable under s 304(b) of the Penal Code.
- Category: Substantive
- Appropriateness of Sentence
- Outcome: The court imposed a sentence of six years’ imprisonment, against which the Public Prosecutor is now appealing.
- Category: Procedural
- Related Cases:
- [1998] 3 SLR(R) 679
- [2006] 3 SLR(R) 677
- [2003] 2 SLR(R) 506
- [1993] 2 SLR(R) 670
- [2003] 1 SLR(R) 167
- [1993] 2 SLR(R) 493
- [2009] 4 SLR(R) 63
- [2005] SGHC 121
- [2007] 2 SLR(R) 957
- [2005] 3 SLR(R) 250
- [2005] 2 SLR(R) 220
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Culpable Homicide
10. Practice Areas
- Criminal Law
- Homicide
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Tan Kei Loon Allan | Court of Appeal | Yes | [1998] 3 SLR(R) 679 | Singapore | Cited for the principle that sentencing for culpable homicide should be determined on the facts of each particular case. |
| Public Prosecutor v McCrea Michael | N/A | Yes | [2006] 3 SLR(R) 677 | Singapore | Cited as an example of an egregious case of culpable homicide where the maximum sentence of ten years' imprisonment was imposed. |
| Tan Chun Seng v Public Prosecutor | Court of Appeal | Yes | [2003] 2 SLR(R) 506 | Singapore | Cited as an example of a culpable homicide case where the Court of Appeal found the defence of sudden fight made out and sentenced the accused to ten years' imprisonment. |
| Soosay v Public Prosecutor | N/A | Yes | [1993] 2 SLR(R) 670 | Singapore | Cited as an example of a case where a sentence of nine years was given for culpable homicide involving a fight. |
| Public Prosecutor v Aw Teck Hock | N/A | Yes | [2003] 1 SLR(R) 167 | Singapore | Cited as an example of a case where a sentence of nine years was given for culpable homicide involving a fight. |
| Tan Chee Hwee and another v Public Prosecutor | N/A | Yes | [1993] 2 SLR(R) 493 | Singapore | Cited as an example of a case where a sentence of eight years was imposed for culpable homicide where a maid was strangled during a botched burglary. |
| Public Prosecutor v Leong Soon Kheong | N/A | Yes | [2009] 4 SLR(R) 63 | Singapore | Cited as an example of a case where the accused received a sentence of seven years’ imprisonment for his role as ringleader in an unprovoked group attack on the deceased. |
| Public Prosecutor v Wan Chin Hon | High Court | Yes | [2005] SGHC 121 | Singapore | Cited as an example of a case where a sentence in the mid-range, around five years, was meted out for a conviction under s 304(b). |
| Public Prosecutor v Lim Ah Seng | N/A | Yes | [2007] 2 SLR(R) 957 | Singapore | Cited as an example of a case where a sentence as low as two and a half years was imposed in a conviction under s 304(b). |
| Public Prosecutor v Teo Chee Seng | Court of Appeal | Yes | [2005] 3 SLR(R) 250 | Singapore | Cited as an example of a case involving a very young victim where the Court of Appeal increased the sentence to seven years' imprisonment. |
| Purwanti Parji v Public Prosecutor | Court of Appeal | Yes | [2005] 2 SLR(R) 220 | Singapore | Cited for recognizing the need to protect vulnerable and defenceless persons. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code, Chapter 224 | Singapore |
| Penal Code, Chapter 224, s 302 | Singapore |
| Penal Code, Chapter 224, s 299 | Singapore |
| Penal Code, Chapter 224, s 304(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Inferior vena cava
- Culpable homicide
- Rupture
- Beating
- Loss of control
15.2 Keywords
- culpable homicide
- child death
- sentencing
- domestic violence
- Singapore
- Penal Code
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Penal Code | 90 |
| Culpable Homicide | 85 |
| Sentencing | 80 |
| Murder | 70 |
| Criminal Procedure | 40 |
16. Subjects
- Criminal Law
- Sentencing
- Homicide