Public Prosecutor v CAD: Culpable Homicide & Sentencing of Mentally Disordered Offender
In Public Prosecutor v CAD, before the High Court of Singapore on 4 November 2019, CAD pleaded guilty to culpable homicide under s 304(a) of the Penal Code. Despite CAD's major depressive disorder, the court, presided over by Vincent Hoong JC, prioritized retribution and deterrence over rehabilitation. CAD was sentenced to seven years' imprisonment, commencing from her date of remand.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to seven years’ imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
CAD pleaded guilty to culpable homicide. The court sentenced her to seven years' imprisonment, emphasizing retribution and deterrence despite her major depressive disorder.
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 | Han Ming Kuang of Attorney-General’s Chambers Zhou Yihong of Attorney-General’s Chambers |
| CAD | Defendant | Individual | Sentence of seven years’ imprisonment | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Han Ming Kuang | Attorney-General’s Chambers |
| Zhou Yihong | Attorney-General’s Chambers |
| Anand Nalachandran | TSMP Law Corporation |
4. Facts
- The accused pleaded guilty to culpable homicide.
- The accused was operating under a major depressive disorder.
- The accused's infant daughter died as a result of her actions.
- The accused lied to her husband on two occasions post-offence.
- The accused performed cardiopulmonary resuscitation on her daughter post-offence.
- The accused was frustrated with her child's conduct.
5. Formal Citations
- Public Prosecutor v CAD, Criminal Case No 62 of 2019, [2019] SGHC 262
6. Timeline
| Date | Event |
|---|---|
| Accused person's date of remand | |
| Judgment delivered |
7. Legal Issues
- Culpable Homicide
- Outcome: Accused pleaded guilty to the charge.
- Category: Substantive
- Sentencing Principles for Mentally Disordered Offenders
- Outcome: The court held that retribution and deterrence were the dominant sentencing principles, despite the accused's major depressive disorder.
- Category: Procedural
- Related Cases:
- [2014] 4 SLR 1287
- [2018] 2 SLR 295
- [2018] 1 SLR 127
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Culpable Homicide
10. Practice Areas
- Criminal Law
- Sentencing Guidelines
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Ghim Peow v Public Prosecutor | Court of Appeal | Yes | [2014] 4 SLR 1287 | Singapore | Cited for the principle that deterrence may be accorded full weight where the mental disorder is not serious or causally related to the commission of the offence, and the offence is a serious one. |
| Public Prosecutor v Kong Peng Yee | High Court | Yes | [2018] 2 SLR 295 | Singapore | Distinguished based on the severity of the mental disorder and its impact on the offender's rationality. Cited to highlight that depression is not a license to kill. |
| Public Prosecutor v BDB | Court of Appeal | Yes | [2018] 1 SLR 127 | Singapore | Cited for observations on offences against vulnerable victims and the importance of deterrence and retribution. |
| Public Prosecutor v Goh Hai Eng | High Court | Yes | Criminal Case No 4 of 2010 | Singapore | Distinguished based on the offender's motivation and culpability. |
| Public Prosecutor v Graffart Philippe Marcell Guy | High Court | Yes | Criminal Case No 36 of 2016 | Singapore | Distinguished based on the offender's motivation and culpability. |
| Public Prosecutor v BAC | High Court | Yes | [2016] SGHC 49 | Singapore | Distinguished based on the link between the victim and the offender's mental condition. |
| Public Prosecutor v Maryani bt Usman Utar | High Court | Yes | Criminal Case No 76 of 2018 | Singapore | Analogous case involving a domestic helper causing the death of a child, used to justify the sentence imposed. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 304(a) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable Homicide
- Major Depressive Disorder
- Retribution
- Deterrence
- Sentencing Principles
- Mental Disorder
- Vulnerable Victims
15.2 Keywords
- culpable homicide
- sentencing
- mental disorder
- depression
- deterrence
- retribution
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Culpable Homicide | 100 |
| Sentencing | 95 |
| Criminal Law | 90 |
| Mentally disordered offenders | 90 |
| Psychiatry | 70 |
16. Subjects
- Criminal Law
- Sentencing
- Mental Health Law