PP v Kamrul Hasan: Re-Sentencing for Murder under Penal Code s 300(c)
Kamrul Hasan Abdul Quddus was initially convicted of murder under section 300 of the Penal Code and sentenced to death. Following legislative amendments making the death sentence non-mandatory, the case was remitted to the High Court for re-sentencing. The High Court, presided over by Choo Han Teck J, sentenced Kamrul Hasan to life imprisonment and 10 strokes of the cane, considering the violence of the crime but erring on the side of leniency due to not having heard the original trial evidence. The Public Prosecutor did not object to a sentence of life imprisonment but sought 16-18 strokes of the cane.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to life 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
Re-sentencing of Kamrul Hasan for murder under s 300(c) of the Penal Code after legislative amendments. The High Court sentenced him to life imprisonment and 10 strokes of the cane.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial | Partial | Hay Hung Chun of Attorney-General’s Chambers Ruth Wong Shuyi of Attorney-General’s Chambers |
| Kamrul Hasan Abdul Quddus | Defendant | Individual | Lost | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hay Hung Chun | Attorney-General’s Chambers |
| Ruth Wong Shuyi | Attorney-General’s Chambers |
| Elengovan s/o V Krishnan | P Suppiah & Co |
| Suppiah S/O Pakrisamy | P Suppiah & Co |
4. Facts
- Accused was charged with murder under s 300 of the Penal Code.
- Accused and deceased were in an intimate relationship.
- The deceased was an Indonesian domestic worker.
- The relationship was tumultuous; the deceased discovered the accused was married.
- The deceased began a relationship with another man.
- The accused and deceased resumed their relationship and planned to wed.
- The deceased's body was found at a construction site where the accused worked.
5. Formal Citations
- Public Prosecutor v Kamrul Hasan Abdul Quddus, Criminal Case No 7 of 2009, [2014] SGHC 4
6. Timeline
| Date | Event |
|---|---|
| Accused and deceased commenced intimate relationship. | |
| Deceased discovered accused was already married. | |
| Deceased began relationship with another man. | |
| Accused and deceased resumed relationship. | |
| Deceased informed people she and accused would pick up his mother and sibling. | |
| Deceased's body found at construction site. | |
| Kan Ting Chiu J convicted accused of murder and sentenced him to death. | |
| Court of Appeal affirmed conviction. | |
| Legislative amendments came into effect making death sentence non-mandatory. | |
| Court of Appeal clarified conviction was under s 300(c) and remitted case for re-sentencing. | |
| Accused sentenced to life imprisonment and 10 strokes of the cane. | |
| Decision Date |
7. Legal Issues
- Re-sentencing for Murder
- Outcome: The court sentenced the accused to life imprisonment and 10 strokes of the cane.
- Category: Substantive
- Related Cases:
- [2011] SGCA 52
- Appropriateness of Caning
- Outcome: The court found caning appropriate due to the substantial degree of violence in the assault.
- Category: Substantive
- Related Cases:
- [2012] SGHC 59
- Criminal Case No 41 of 2011
8. Remedies Sought
- Re-sentencing
9. Cause of Actions
- Murder
10. Practice Areas
- Criminal Law
- Homicide
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Kamrul Hasan Abdul Quddus | High Court | Yes | [2010] SGHC 7 | Singapore | Cited as the High Court's original decision convicting the accused of murder. |
| Kamrul Hasan Abdul Quddus v Public Prosecutor | Court of Appeal | Yes | [2011] SGCA 52 | Singapore | Cited as the Court of Appeal's decision affirming the original conviction. |
| Public Prosecutor v Gopinathan Nair Remadevi Bijukumar | High Court | Yes | [2012] SGHC 59 | Singapore | Cited as a comparable case where the accused was sentenced to life imprisonment and 18 strokes of the cane, but distinguished due to evidence of planning and intention to rob. |
| Public Prosecutor v Amanchukwu Chukwuma | High Court | Yes | Criminal Case No 41 of 2011 | Singapore | Cited regarding the appropriateness of caning in crimes of passion, but distinguished as not establishing a general proposition against caning in such cases. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 300 of the Penal Code | Singapore |
| s 4(5) of the Penal Code (Amendment) Act (No 32 of 2012) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Re-sentencing
- Murder
- Life Imprisonment
- Caning
- Penal Code
- Crime of Passion
15.2 Keywords
- Murder
- Re-sentencing
- Life Imprisonment
- Caning
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Murder | 98 |
| Criminal Law | 95 |
| Sentencing | 90 |
| Re-sentencing | 80 |
| Criminal Procedure | 60 |
| Evidence | 50 |
| Crime of Passion | 40 |
16. Subjects
- Criminal Law
- Sentencing
- Homicide