Public Prosecutor v. Kusrini Bt Caslan Arja: Appeal on Sentencing for Child Ill-Treatment
The Public Prosecutor appealed against the sentence imposed on Kusrini Bt Caslan Arja, a domestic helper, for ill-treating a child under her care. The High Court, presided over by Tay Yong Kwang JA, allowed the appeal and increased the imprisonment term from four to eight months, finding that the District Judge had misapprehended the charge and facts.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the sentencing of Kusrini Bt Caslan Arja, a domestic helper, for ill-treating a child under her care. The High Court increased the imprisonment term.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Teo Lu Jia of Attorney-General’s Chambers Lee Lit Cheng of Attorney-General’s Chambers |
| Kusrini Bt Caslan Arja | Respondent | Individual | Sentence Increased | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Teo Lu Jia | Attorney-General’s Chambers |
| Lee Lit Cheng | Attorney-General’s Chambers |
| Aylwin Tan | Mahmood Gaznavi & Partners |
4. Facts
- The respondent, a domestic helper, was caring for a child with Type 1 Spinal Muscular Atrophy.
- The respondent inserted a suction cap into the child’s mouth, which then dropped into the child’s throat.
- The respondent inserted her fingers and hand into the child’s mouth to retrieve the suction cap, causing bleeding.
- The respondent left the suction cap in the child’s mouth for approximately 12 hours without informing anyone.
- The respondent admitted she was trying to hide her mistake.
5. Formal Citations
- Public Prosecutor v Kusrini Bt Caslan Arja, , [2017] SGHC 94
6. Timeline
| Date | Event |
|---|---|
| Incident occurred where respondent ill-treated the child. | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Appropriateness of Sentence
- Outcome: The High Court found the initial sentence to be insufficient and increased the imprisonment term.
- Category: Substantive
8. Remedies Sought
- Increased imprisonment term
9. Cause of Actions
- Ill-treatment of a child
10. Practice Areas
- Criminal Law
- Appeals
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 |
|---|---|
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 5(1) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 5(5)(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Domestic helper
- Child ill-treatment
- Spinal Muscular Atrophy
- Suction cap
- Culpability
- Disregard of safety
- Suppression of truth
15.2 Keywords
- child abuse
- domestic helper
- sentencing appeal
- ill-treatment
- Kusrini Bt Caslan Arja
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Children and Young Persons Act | 90 |
| Sentencing | 80 |
| Criminal Procedure | 70 |
| Children's Welfare | 60 |
| Appeal | 60 |
| Domestic Helper Abuse | 50 |
16. Subjects
- Criminal Law
- Child Protection
- Sentencing