Public Prosecutor v Ong Pang Siew: Culpable Homicide Sentencing After Diminished Responsibility Finding
In Public Prosecutor v Ong Pang Siew, the High Court of Singapore sentenced Ong Pang Siew to 10 years' imprisonment for culpable homicide not amounting to murder. This followed the Court of Appeal's decision to reduce his original murder conviction based on the defense of diminished responsibility. The case was remitted to the High Court to determine the appropriate sentence. The court considered the circumstances of the crime, the accused's mental state, and psychiatric reports before arriving at the sentence, backdated to the date of the offense.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The accused was sentenced to 10 years’ imprisonment backdated to 20 October 2007.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Sentencing for Ong Pang Siew after the Court of Appeal reduced his murder conviction to culpable homicide due to diminished responsibility.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentence imposed | Neutral | Amarjit Singh |
| Ong Pang Siew | Defendant | Individual | Imprisonment | Lost | Subhas Anandan, Sunil Sudheesan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Amarjit Singh | Attorney-General's Chambers |
| Subhas Anandan | Khattar Wong |
| Sunil Sudheesan | Khattar Wong |
4. Facts
- The accused was charged with the murder of his 15-year-old step-daughter.
- The accused admitted to killing his step-daughter but claimed diminished responsibility due to a major depressive episode.
- The Court of Appeal substituted the murder conviction with culpable homicide not amounting to murder.
- The accused had previous convictions for being drunk in a public place, criminal intimidation, and illegal punting.
- The prosecution argued for life imprisonment, citing the grave and inhumane nature of the crime.
- The defense presented psychiatric reports indicating the accused's improved mental state and low risk of re-offending.
- The Court of Appeal found that the accused went to the flat without the intention of killing the step-daughter.
5. Formal Citations
- Public Prosecutor v Ong Pang Siew (No. 2), Criminal Case No 25 of 2008, [2011] SGHC 177
6. Timeline
| Date | Event |
|---|---|
| Killing occurred and accused was arrested | |
| Amendments were made to section 304(a) of the Penal Code | |
| Criminal Case No 25 of 2008 | |
| PP v Ong Pang Siew [2009] 4 SLR(R) 474 | |
| Ong Pang Siew v PP [2011] 1 SLR 606 | |
| Dr Tommy Tan examined the accused in prison | |
| Dr Tommy Tan spoke to Mdm Sally Ong | |
| Dr Tommy Tan spoke to Mr Ong Pang In and Mr Ong Pang Chan | |
| Dr Tommy Tan's report was dated | |
| Dr Tan Soo Teng's letter was dated | |
| Medical report on the ex-wife by Dr Angelina Chan | |
| Decision Date |
7. Legal Issues
- Appropriate Sentence for Culpable Homicide
- Outcome: The court sentenced the accused to 10 years’ imprisonment, the maximum alternative imprisonment term provided by s 304(a) of the Penal Code.
- Category: Substantive
- Diminished Responsibility
- Outcome: The Court of Appeal found that the defence of diminished responsibility was made out, acquitted the accused of murder and substituted his conviction for murder to culpable homicide not amounting to murder.
- Category: Substantive
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Culpable Homicide
10. Practice Areas
- Criminal Law
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Ong Pang Siew | High Court | Yes | [2009] 4 SLR(R) 474 | Singapore | Sets out the facts of the case in detail. |
| Ong Pang Siew v PP | Court of Appeal | Yes | [2011] 1 SLR 606 | Singapore | Court of Appeal substituted the conviction for murder to culpable homicide not amounting to murder. |
| R v Rowland Jack Forster Hodgson | N/A | Yes | (1968) 52 Cr App 113 | England and Wales | Referred to for guidelines on the imposition of life imprisonment. |
| PP v Barokah | High Court | Yes | [2009] SGHC 46 | Singapore | Cited regarding the importance of remembering victims and their families. |
| PP v Chee Cheong Hin Constance | N/A | Yes | [2006] 2 SLR(R) 707 | Singapore | Cited as a case where life imprisonment was not deemed appropriate for an accused suffering from abnormality of mind. |
| PP v Aguilar Guen Garlejo | N/A | Yes | [2006] 3 SLR(R) 247 | Singapore | Cited as a case where life imprisonment was not deemed appropriate for an accused suffering from abnormality of mind. |
| PP v Han John Han | N/A | Yes | [2007] 1 SLR(R) 1180 | Singapore | Cited as a case where life imprisonment was not deemed appropriate for an accused suffering from abnormality of mind. |
| PP v Aniza bte Essa | N/A | Yes | [2008] 3 SLR(R) 832 | Singapore | Cited as a case where life imprisonment was not deemed appropriate for an accused suffering from abnormality of mind. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) section 300 Exception 7 | Singapore |
| Penal Code section 304(a) | Singapore |
| Penal Code section 506 | Singapore |
| Penal Code section 427 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable Homicide
- Diminished Responsibility
- Major Depressive Episode
- Sentencing
- Psychiatric Reports
- Mental State
- Retribution
15.2 Keywords
- culpable homicide
- diminished responsibility
- sentencing
- psychiatric assessment
- mental disorder
- imprisonment
16. Subjects
- Criminal Law
- Sentencing
- Mental Health Law
17. Areas of Law
- Criminal Law
- Sentencing
- Culpable Homicide
- Diminished Responsibility