Public Prosecutor v Govindarajan: Attempted Culpable Homicide Sentencing
In Public Prosecutor v Govindarajan, the High Court of Singapore sentenced Govindarajan s/o Thiruvengadam Uthirapathy to three years and three months' imprisonment for attempted culpable homicide with hurt caused. The court, presided over by Judicial Commissioner Vincent Hoong, considered factors such as general and specific deterrence, retribution, and mitigating circumstances including the accused's remorse and his wife's forgiveness. The accused had attempted to kill his wife by suffocating her with a plastic bag.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to three years’ and three months’ imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Govindarajan was sentenced to 3 years and 3 months for attempted culpable homicide. The court considered deterrence, retribution, and mitigating factors.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentence imposed | Won | Wong Woon Kwong of Attorney-General’s Chambers Kong Kuek Foo of Attorney-General’s Chambers |
| Govindarajan s/o Thiruvengadam Uthirapathy | Defendant | Individual | Sentence imposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wong Woon Kwong | Attorney-General’s Chambers |
| Kong Kuek Foo | Attorney-General’s Chambers |
| Raphael Louis | Ray Louis Law Corporation |
4. Facts
- The accused pleaded guilty to attempted culpable homicide with hurt caused.
- The accused attempted to kill his wife by suffocating her with a plastic bag.
- The accused stopped choking his wife when she involuntarily urinated and lost consciousness.
- The accused stole the victim’s jewellery and wallet after the incident.
- The accused made purchases for the woman with whom he was having an affair.
- The accused was arrested at the checkpoint while trying to leave Singapore.
5. Formal Citations
- Public ProsecutorvGovindarajan s/o Thiruvengadam Uthirapathy, Criminal Case No 48 of 2019, [2019] SGHC 273
6. Timeline
| Date | Event |
|---|---|
| Judgment delivered | |
| Criminal Case No 48 of 2019 |
7. Legal Issues
- Attempt to commit culpable homicide with hurt caused
- Outcome: The accused was sentenced to three years and three months imprisonment.
- Category: Substantive
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Attempted Culpable Homicide
10. Practice Areas
- Criminal Law
- Sentencing Guidelines
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR(R) 684 | Singapore | Cited for the sentencing considerations of deterrence, retribution, prevention and rehabilitation. |
| Public Prosecutor v BPK | High Court | Yes | [2018] 5 SLR 755 | Singapore | Cited regarding the accused person’s conduct after the offence. |
| Public Prosecutor v ACI | High Court | Yes | [2009] SGHC 246 | Singapore | Cited as a precedent where the offender attacked his mistress with a chopper and threw her over the third floor parapet. |
| Public Prosecutor v Koh Seah Wee and another | High Court | Yes | [2012] 1 SLR 292 | Singapore | Held that mental illness arising from incarceration is induced by an offender’s own criminal acts, and no mitigating weight ought to be given. |
| Mehra Radhika v Public Prosecutor | High Court | Yes | [2015] 1 SLR 96 | Singapore | Made the same point as Public Prosecutor v Koh Seah Wee and another regarding mental illness arising from incarceration. |
| Public Prosecutor v Wang Jian Bin | High Court | Yes | [2011] SGHC 212 | Singapore | Held that some credit can be given for the accused person’s remorse, which can be reflected by a genuine apology. |
| Public Prosecutor v UI | High Court | Yes | [2008] 4 SLR(R) 500 | Singapore | Forgiveness is relevant if the sentence imposed on the offender would aggravate the victim’s distress. |
| Ng Kean Meng Terence v Public Prosecutor | High Court | Yes | [2017] 2 SLR 449 | Singapore | Forgiveness is relevant if the sentence imposed on the offender would aggravate the victim’s distress. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 308 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Attempted culpable homicide
- Sentencing
- General deterrence
- Specific deterrence
- Retribution
- Mitigating factors
- Remorse
- Forgiveness
15.2 Keywords
- Criminal
- Sentencing
- Attempted Culpable Homicide
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Attempted culpable homicide | 95 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Theft | 60 |
16. Subjects
- Criminal Law
- Sentencing