Public Prosecutor v Mohamad Najiman: Inciting Physical Attack & Sentencing
In Public Prosecutor v Mohamad Najiman bin Abdull Aziz, the High Court of Singapore, presided over by Justice Choo Han Teck, sentenced Mohamad Najiman to 12 years imprisonment and 10 strokes of the cane on February 25, 2011. The case concerned the accused's role in inciting a physical attack that resulted in a fatality. The court found that the accused played a substantial role in inciting the attack, despite not landing any blows himself. The sentence was determined to be on par with other main assailants.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to 12 years imprisonment and 10 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mohamad Najiman was sentenced to 12 years imprisonment and 10 strokes of the cane for inciting a fatal physical attack.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Andre Darius Jumabhoy of Deputy Public Prosecutor Amarjit Singh of Deputy Public Prosecutor |
| Mohamad Najiman bin Abdull Aziz | Defendant | Individual | Sentence imposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andre Darius Jumabhoy | Deputy Public Prosecutor |
| Amarjit Singh | Deputy Public Prosecutor |
| Noor Mohamed Marican | Marican & Associates |
4. Facts
- The accused had a substantial role in inciting the physical attack.
- Accomplices obeyed the accused in launching and ceasing the attack.
- The accused did not land any blow on the deceased.
- Other persons were already attacking the deceased.
5. Formal Citations
- Public Prosecutor v Mohamad Najiman bin Abdull Aziz, Criminal Case No 13 of 2010, [2011] SGHC 44
6. Timeline
| Date | Event |
|---|---|
| Term of imprisonment commences | |
| Judgment issued |
7. Legal Issues
- Incitement to commit physical assault
- Outcome: The court found that the accused played a substantial role in inciting the attack.
- Category: Substantive
- Appropriateness of sentence
- Outcome: The court imposed a sentence of 12 years imprisonment and 10 strokes of the cane.
- Category: Procedural
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Law
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Incitement
- Physical attack
- Accomplices
- Sentence
- Cane
15.2 Keywords
- incitement
- physical assault
- criminal law
- sentencing
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Sentencing | 80 |
| Criminal Procedure | 70 |
| Offences | 60 |
16. Subjects
- Criminal Law
- Sentencing