Public Prosecutor v BAC: Culpable Homicide and Mental Depression in Child's Death
In Public Prosecutor v BAC, the High Court of Singapore sentenced BAC to 5 years' imprisonment for culpable homicide not amounting to murder, after she pleaded guilty to causing the death of her seven-year-old autistic son. The court, presided over by Justice Tay Yong Kwang, considered BAC's major depressive disorder, which substantially impaired her mental responsibility at the time of the offense. The incident occurred on 13 September 2014, when BAC pushed her son out of a kitchen window. The court also considered the low risk of recidivism and strong family support in determining the sentence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 5 years’ imprisonment with effect from 13 September 2014.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
BAC pleaded guilty to culpable homicide for causing her autistic son's death. The court considered her major depressive disorder and sentenced her to 5 years' imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| PUBLIC PROSECUTOR | Prosecution | Government Agency | Sentence of 5 years imprisonment imposed | Won | Anandan Bala, Krystle Chiang |
| BAC | Defendant | Individual | Sentence of 5 years imprisonment | Lost | Anand Nalachandran |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anandan Bala | Attorney-General’s Chambers |
| Krystle Chiang | Attorney-General’s Chambers |
| Anand Nalachandran | TSMP Law Corporation |
4. Facts
- The accused pushed her seven-year-old son out of the kitchen window.
- The deceased was diagnosed with autism spectrum disorder.
- The accused had a history of major depressive disorder since 2008.
- The accused was the primary caregiver to the deceased.
- The accused's depression substantially impaired her mental responsibility.
- The accused coaxed the deceased onto a stool before pushing him.
- A witness observed the accused pushing the deceased out of the window.
5. Formal Citations
- Public Prosecutor v BAC, Criminal Case No 13 of 2016, [2016] SGHC 49
6. Timeline
| Date | Event |
|---|---|
| Accused convicted of theft. | |
| Accused convicted under the Employment of Foreign Workers Act. | |
| Accused diagnosed with major depression. | |
| Accused pushed the deceased out of the kitchen window. | |
| Accused arrested. | |
| Deceased pronounced dead. | |
| Autopsy conducted on the deceased. | |
| Accused examined by Dr. Jerome Goh Hern Yee. | |
| Accused examined by Dr. Jerome Goh Hern Yee. | |
| Accused examined by Dr. Jerome Goh Hern Yee. | |
| Accused examined by Dr. Jerome Goh Hern Yee. | |
| Accused examined by Dr. Jerome Goh Hern Yee. | |
| Judgment delivered. | |
| Judgment delivered. |
7. Legal Issues
- Culpable Homicide
- Outcome: The court found the accused guilty of culpable homicide not amounting to murder.
- Category: Substantive
- Sentencing
- Outcome: The court sentenced the accused to 5 years' imprisonment, taking into account her mental condition and other mitigating factors.
- Category: Procedural
- Related Cases:
- PP v Kang Kah Li¸ Criminal Case No. 28 of 2009
- PP v Goh Hai Eng, Criminal Case No. 4 of 2010
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Culpable Homicide
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Kang Kah Li | Unknown | Yes | PP v Kang Kah Li¸ Criminal Case No. 28 of 2009 | Singapore | Cited in support of a sentencing range of five to seven years' imprisonment for culpable homicide where the accused suffered from severe depression. |
| PP v Goh Hai Eng | Unknown | Yes | PP v Goh Hai Eng, Criminal Case No. 4 of 2010 | Singapore | Cited in support of a sentencing range of five to seven years' imprisonment for culpable homicide where the accused suffered from severe depression. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap. 224, 2008 Rev Ed) section 304(a) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 325 | Singapore |
| Penal Code (Cap 224, 1985 Ed) s 380 | Singapore |
| Employment of Foreign Workers Act (Cap 91A, 1998 Rev Ed) s 5(3) | Singapore |
| Employment of Foreign Workers Act s 22(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Major depressive disorder
- Autism spectrum disorder
- Mental responsibility
- Mitigation
- Sentencing
15.2 Keywords
- culpable homicide
- depression
- autism
- sentencing
- Singapore
- criminal law
16. Subjects
- Criminal Law
- Sentencing
- Mental Health
17. Areas of Law
- Criminal Law
- Culpable Homicide