Nurun Novi Saydur Rahman v Public Prosecutor: Workplace Safety & Health Act Violation Resulting in Fatalities
In Nurun Novi Saydur Rahman v Public Prosecutor, the High Court of Singapore heard an appeal against conviction and sentence, and a cross-appeal against sentence, concerning a violation of the Workplace Safety and Health Act (WSHA) that resulted in the deaths of two construction workers. Nurun Novi Saydur Rahman, an employee of GS Engineering & Construction Corp, was found guilty of instructing workers to load an air compressor onto an uninstalled loading platform, leading to a fatal accident. The High Court dismissed Nurun's appeal and allowed the Prosecution's cross-appeal, enhancing the sentence to 25 weeks' imprisonment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed; Prosecution's cross-appeal allowed; sentence enhanced to 25 weeks' imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Nurun Novi Saydur Rahman was convicted under the Workplace Safety and Health Act for a negligent act leading to the deaths of two workers. The High Court upheld the conviction and enhanced the sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent, Appellant | Government Agency | Cross-appeal allowed | Won | Senthilkumaran Sabapathy of Attorney-General’s Chambers Gabriel Choong of Attorney-General’s Chambers Ang Feng Qian of Attorney-General’s Chambers |
| Nurun Novi Saydur Rahman | Appellant, Respondent | Individual | Appeal dismissed; cross-appeal allowed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Senthilkumaran Sabapathy | Attorney-General’s Chambers |
| Gabriel Choong | Attorney-General’s Chambers |
| Ang Feng Qian | Attorney-General’s Chambers |
| Anil Narain Balchandani | I.R.B Law LLP |
4. Facts
- Nurun instructed workers to load an air compressor onto an uninstalled loading platform.
- The loading platform was suspended by a tower crane instead of being properly secured.
- Two workers, Ratan and Rajib, were standing on the loading platform when the air compressor rolled off.
- Ratan and Rajib fell off the platform with the air compressor and died.
- The workers were not wearing safety harnesses.
- Nurun was an employee of GS Engineering & Construction Corp (GSE).
- Nurun was a foreman at the construction worksite.
5. Formal Citations
- Nurun Novi Saydur Rahman v Public Prosecutor and another appeal, , [2018] SGHC 236
6. Timeline
| Date | Event |
|---|---|
| Accident occurred at construction worksite | |
| Magistrate’s Appeal filed | |
| Magistrate’s Appeal filed | |
| District Judge's decision reported | |
| High Court judgment reserved | |
| High Court judgment delivered |
7. Legal Issues
- Negligence
- Outcome: The High Court found that Nurun was negligent in instructing the workers to load the air compressor onto the uninstalled loading platform.
- Category: Substantive
- Sub-Issues:
- Failure to ensure workplace safety
- Failure to follow safety regulations
- Reasonable Cause
- Outcome: The High Court found that Nurun did not have reasonable cause to act as he did, even if he was following orders from his supervisor.
- Category: Substantive
- Sub-Issues:
- Following superior's orders
- Pressure from supervisor
- Sentencing
- Outcome: The High Court reviewed the existing sentencing practice and provided a new sentencing framework for offences under s 15(3A) of the WSHA, enhancing Nurun's sentence to 25 weeks' imprisonment.
- Category: Procedural
- Sub-Issues:
- Appropriate sentencing framework
- Custodial threshold
- Aggravating and mitigating factors
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
- Cross-appeal against sentence
9. Cause of Actions
- Violation of Workplace Safety and Health Act
10. Practice Areas
- Criminal Law
- Workplace Safety
- Sentencing
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Nurun Novi Saydur Rahman | District Court | Yes | [2017] SGDC 263 | Singapore | The judgment under appeal; the High Court reviewed the District Court's decision. |
| Public Prosecutor v GS Engineering & Construction Corp | High Court | Yes | [2017] 3 SLR 682 | Singapore | Cited for the sentencing of GSE in relation to the same accident and to compare the culpability of GSE with that of Nurun. |
| Public Prosecutor v Hue An Li | High Court | Yes | [2014] 4 SLR 616 | Singapore | Cited by the Prosecution as a precedent for custodial sentences in cases involving negligent acts causing death, but the district judge found it inapplicable. |
| Haliffie bin Mamat v Public Prosecutor and other appeals | Court of Appeal | Yes | [2016] 5 SLR 636 | Singapore | Cited for the principles governing the role of the appellate court in reviewing findings of fact. |
| XP v Public Prosecutor | High Court | Yes | [2008] 4 SLR (R) 686 | Singapore | Cited for the law on collusion when the Defence alleges collusion amongst the complainants. |
| Muhammad bin Kadar and another v Public Prosecutor | High Court | Yes | [2011] 3 SLR 1205 | Singapore | Cited for the Prosecution's disclosure obligation. |
| Muhammad bin Kadar and another v Public Prosecutor and another matter | High Court | Yes | [2011] 4 SLR 791 | Singapore | Cited for the Prosecution's disclosure obligation. |
| Lee Siew Boon Winston v Public Prosecutor | High Court | Yes | [2015] 4 SLR 1184 | Singapore | Cited for the Prosecution's disclosure obligation. |
| Ng Keng Yong v Public Prosecutor and another appeal | High Court | Yes | [2004] 4 SLR (R) 89 | Singapore | Cited for the test for negligence. |
| Poh Boon Kiat v Public Prosecutor | High Court | Yes | [2014] 4 SLR 892 | Singapore | Cited for the principle that a sentencing judge ought to take the maximum sentence into account when calibrating the appropriate sentence. |
| Ong Chee Eng v Public Prosecutor | High Court | Yes | [2012] 3 SLR 776 | Singapore | Cited for the principle that the courts have cautioned against a situation where only a segment of the possible sentencing range has been utilised. |
| Stansilas Fabian Kester v Public Prosecutor | High Court | Yes | [2017] 5 SLR 755 | Singapore | Cited for the principle that the fact that an offender had caused property damage, injury or even death would be an aggravating factor. |
| Abdul Ghani bin Tahir v Public Prosecutor | High Court | Yes | [2017] 4 SLR 1153 | Singapore | Cited for the ratio derived for offences with the same criminal acts but with different mens rea elements. |
| Guay Seng Tiong Nickson v Public Prosecutor | High Court | Yes | [2016] 3 SLR 1079 | Singapore | Cited for the principle that the conduct of third parties which materially contributed to the outcome for which the offender is charged will only affect the sentence to be imposed if it has a bearing on his culpability. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) s 15(3A) | Singapore |
| Workplace Safety and Health Act s 10 | Singapore |
| Workplace Safety and Health Act s 15(3) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed), s 319(d)(i) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Workplace Safety and Health Act
- Loading platform
- Negligence
- Reasonable cause
- Sentencing framework
- Potential for harm
- Culpability
- Construction site
- Safety harness
- Foreman
15.2 Keywords
- Workplace safety
- Negligence
- Construction accident
- Sentencing
- WSHA
- Singapore
- Fatal accident
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Workplace Safety and Health Act | 95 |
| Statutory offences | 85 |
| Sentencing | 80 |
| Criminal Law | 75 |
| Criminal Procedure | 70 |
| Penalties | 70 |
| Personal Injury | 30 |
| Wrongful Death | 20 |
16. Subjects
- Workplace Safety
- Criminal Law
- Sentencing
- Negligence