PP v Azlin & Ridzuan: Murder Sentencing Appeal for Child Scalding Case
In Public Prosecutor v Azlin bte Arujunah and Ridzuan bin Mega Abdul Rahman, the Court of Appeal of Singapore addressed the sentencing of Azlin for murder under section 300(c) of the Penal Code and Ridzuan for voluntarily causing grievous hurt. Azlin was sentenced to life imprisonment, while Ridzuan's sentence was adjusted to life imprisonment. The case involved the death of Azlin's son due to cumulative scald injuries inflicted by both parents.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Azlin sentenced to life imprisonment; Ridzuan's sentence adjusted to life imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal sentenced Azlin to life imprisonment for murder under s 300(c) of the Penal Code, while Ridzuan's sentence was adjusted to life imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed in Part | Partial | Norine Tan of Attorney-General’s Chambers Mohamed Faizal SC of Attorney-General’s Chambers Chong Kee En of Attorney-General’s Chambers |
| Azlin Binte Arujunah | Respondent | Individual | Life Imprisonment | Lost | |
| Ridzuan Bin Mega Abdul Rahman | Respondent | Individual | Life Imprisonment | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Judith Prakash | Justice of the Court of Appeal | No |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Steven Chong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Norine Tan | Attorney-General’s Chambers |
| Mohamed Faizal SC | Attorney-General’s Chambers |
| Chong Kee En | Attorney-General’s Chambers |
| Lee Zhe Xu | Wong & Leow LLC |
| Gill Amarick Singh | Amarick Gill LLC |
| Ng Huiling Cheryl | Trident Law Corporation |
| Chooi Jing Yen | Eugene Thuraisingam LLP |
| Eugene Thuraisingam | Eugene Thuraisingam LLP |
4. Facts
- Azlin and Ridzuan abused the Deceased for months before the scalding incidents.
- The Deceased was scalded on four separate occasions over a week.
- Azlin and Ridzuan confined the Deceased in a cat cage.
- Azlin and Ridzuan did not seek immediate medical attention for the Deceased.
- Azlin stated she wanted to take revenge on Ridzuan because the Deceased looked like him.
- The Judge found that Azlin did not fully comprehend the likelihood of death resulting from her actions.
- Azlin attempted to administer self-help treatments on the Deceased.
5. Formal Citations
- Public Prosecutor v Azlin bte Arujunah and another appeal, Criminal Appeals Nos 17 and 24 of 2020, [2022] SGCA 67
- Public Prosecutor v Azlin bte Arujunah and other appeals, , [2022] SGCA 52
- Public Prosecutor v Azlin bte Arujunah and another, , [2020] SGHC 168
6. Timeline
| Date | Event |
|---|---|
| Incident 1: Azlin poured hot water on the Deceased multiple times. | |
| Incident 2: Azlin and Ridzuan splashed hot water on the Deceased. | |
| Incident 3: Azlin poured hot water on the Deceased. | |
| Incident 4: Ridzuan splashed hot water on the Deceased, who later died. | |
| Criminal Appeal No 17 of 2020 filed by Public Prosecutor against Azlin Binte Arujunah. | |
| Criminal Appeal No 24 of 2020 filed by Public Prosecutor against Ridzuan Bin Mega Abdul Rahman. | |
| Court of Appeal hearing. | |
| Court of Appeal hearing. | |
| Judgment reserved. |
7. Legal Issues
- Appropriate Sentence for Murder under Section 300(c) of the Penal Code
- Outcome: The court held that Azlin did not manifest such a blatant disregard for human life as to warrant the death penalty and sentenced her to life imprisonment.
- Category: Substantive
- Sub-Issues:
- Blatant disregard for human life
- Consideration of offender's state of mind and motivation
- Relevance of cruelty and inhumane treatment
- Related Cases:
- [2015] 2 SLR 112
- [2019] 2 SLR 439
- Appropriate Aggregate Sentence for Multiple Offences
- Outcome: The court held that the aggregate sentence of life imprisonment adequately reflected Ridzuan's total culpability and harm caused and removed the sentence of caning.
- Category: Procedural
- Sub-Issues:
- Application of the totality principle
- Sentencing parity between co-offenders
- Related Cases:
- [2019] 4 SLR 838
- [2005] 4 SLR(R) 249
- [2018] 5 SLR 799
8. Remedies Sought
- Death Penalty
- Life Imprisonment
9. Cause of Actions
- Murder
- Voluntarily Causing Grievous Hurt
10. Practice Areas
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Azlin bte Arujunah and other appeals | Court of Appeal | Yes | [2022] SGCA 52 | Singapore | The earlier judgment where the Prosecution’s appeal was allowed and Azlin was convicted of murder. |
| Chan Lie Sian v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 439 | Singapore | Cited for the principle that the court should not be distracted by the gruesomeness of the crime scene when determining whether to impose the death penalty. |
| Public Prosecutor v Kho Jabing | Court of Appeal | Yes | [2015] 2 SLR 112 | Singapore | Cited for the principles guiding the imposition of the death penalty, specifically when the offender's actions 'outrage the feelings of the community' and exhibit a 'blatant disregard for human life'. |
| Virsa Singh v State of Punjab | Supreme Court | Yes | AIR 1958 SC 465 | India | Cited for the mens rea required for a conviction under section 300(c) of the Penal Code. |
| Micheal Anak Garing v Public Prosecutor and another appeal | Court of Appeal | Yes | [2017] 1 SLR 748 | Singapore | Cited as an example where the nature of injuries and persistence of attack showed blatant disregard for human life. |
| Public Prosecutor v Chia Kee Chen and another appeal | Court of Appeal | Yes | [2018] 2 SLR 249 | Singapore | Cited as an example where the nature of injuries and persistence of attack showed blatant disregard for human life. |
| Public Prosecutor v Poopathi Chinaiyah s/o Paliandi | Court of Appeal | Yes | [2020] 5 SLR 734 | Singapore | Cited for the principle that section 306(2) of the CPC only applies to sentences of imprisonment. |
| Public Prosecutor v BDB | Court of Appeal | Yes | [2018] 1 SLR 127 | Singapore | Cited for the starting point for cases of voluntarily causing grievous hurt where death had been caused. |
| Gan Chai Bee Anne v Public Prosecutor | Court of Appeal | Yes | [2019] 4 SLR 838 | Singapore | Cited for the two-step framework to determine the sentence for multiple offences. |
| Balakrishnan S and another v Public Prosecutor | High Court | Yes | [2005] 4 SLR(R) 249 | Singapore | Cited for the principle of sentencing parity. |
| Public Prosecutor v Raveen Balakrishnan | High Court | Yes | [2018] 5 SLR 799 | Singapore | Cited for the principle of sentencing parity. |
| Public Prosecutor v Azlin bte Arujunah and another | High Court | Yes | [2020] SGHC 168 | Singapore | The trial judge's findings and reasons for acquitting Azlin and Ridzuan of the original murder charges. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 300(c) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 302(2) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 326 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 34 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 307(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 306(2) | Singapore |
| 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 |
| Penal Code (Amendment) Act 2012 (Act 32 of 2012) s 2 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 324 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Cumulative Scald Injury
- Blatant Disregard for Human Life
- Sentencing Parity
- Totality Principle
- Adjustment Disorder
- Common Intention
15.2 Keywords
- murder
- sentencing
- child abuse
- scald injuries
- life imprisonment
- death penalty
- Singapore
- Court of Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Murder | 95 |
| Sentencing | 95 |
| Criminal Procedure | 90 |
| Children's Welfare | 70 |
| Cumulative Scald Injury | 60 |
| Personal Injury | 30 |
16. Subjects
- Criminal Law
- Sentencing
- Child Abuse