Public Prosecutor v Miya Manik: Complicity, Common Intention, and Murder Sentencing
In Public Prosecutor v Miya Manik, the Court of Appeal of Singapore heard cross-appeals (CCA 16/2020 and CCA 26/2020) and a criminal motion (CM 21/2022) concerning the High Court's decision in HC/CC 20/2019. Miya Manik was initially charged with murder under s 300(c) of the Penal Code, both as a principal and under the doctrine of common intention (s 34). He was acquitted on both counts but convicted on a substituted charge under s 326 read with s 34 for voluntarily causing grievous hurt. The Prosecution appealed the acquittal on the common intention charge, while Manik appealed the sentence. The Court of Appeal dismissed both appeals, upholding the conviction and sentence for the s 326 charge.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
The Prosecution's appeal against acquittal on the Common Intention Charge and Manik's appeal against sentence on the Substituted s 326 Charge were both dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal reviewed Miya Manik's case involving a fatal attack. The key issues were complicity, common intention, and sentencing for murder.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant, Respondent, Applicant | Government Agency | Appeal Dismissed | Lost | Andre Chong of Attorney-General’s Chambers Kumaresan s/o Gohulabalan of Attorney-General’s Chambers Grace Chua of Attorney-General’s Chambers |
| Miya Manik | Respondent, Appellant | Individual | Appeal Dismissed | Lost | |
| Munshi Abdur Rahim | Other | Individual |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Steven Chong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andre Chong | Attorney-General’s Chambers |
| Kumaresan s/o Gohulabalan | Attorney-General’s Chambers |
| Grace Chua | Attorney-General’s Chambers |
| Chooi Jing Yen | Eugene Thuraisingam LLP |
| Ng Yuan Siang | Eugene Thuraisingam LLP |
| Eugene Thuraisingam | Eugene Thuraisingam LLP |
4. Facts
- Miya Manik was a member of a syndicate controlling contraband cigarette sales.
- The victim was a member of a rival syndicate.
- A confrontation occurred between the two syndicates on 24 September 2016.
- The victim was attacked with choppers by Manik and others.
- The victim died from incised wounds to the left leg and back.
- Manik was initially charged with murder but convicted of voluntarily causing grievous hurt.
- The Judge found that the fatal injury was inflicted intentionally.
5. Formal Citations
- Public Prosecutor v Miya Manik and another appeal and another matter, , [2022] SGCA 73
- Public Prosecutor v Miya Manik, Criminal Appeal No 16 of 2020, Criminal Appeal No 16 of 2020
- Miya Manik v Public Prosecutor, Criminal Appeal No 26 of 2020, Criminal Appeal No 26 of 2020
- Public Prosecutor v Miya Manik, Criminal Motion No 21 of 2022, Criminal Motion No 21 of 2022
6. Timeline
| Date | Event |
|---|---|
| Incident occurred between members of two rival syndicates. | |
| Victim was attacked with choppers. | |
| Miya Manik was arrested. | |
| Trial commenced in HC/CC 20/2019. | |
| Judge's decision was made. | |
| Decision in Public Prosecutor v Azlin binte Arujunah and other appeals [2022] SGCA 52 was delivered. | |
| Court of Appeal delivered its judgment. |
7. Legal Issues
- Complicity
- Outcome: The court determined that the Daniel Vijay test applied, and the Prosecution failed to prove common intention for a s 300(c) injury.
- Category: Substantive
- Related Cases:
- [2022] SGCA 52
- [2010] 4 SLR 1119
- Common Intention
- Outcome: The court found that the common intention was to cause grievous hurt, not specifically a s 300(c) injury.
- Category: Substantive
- Related Cases:
- [2022] SGCA 52
- [2010] 4 SLR 1119
- AIR 1958 SC 465
- Sentencing
- Outcome: The court upheld the sentence of 15 years’ imprisonment and 15 strokes of the cane.
- Category: Procedural
- Related Cases:
- [2019] SGHC 247
- [2018] 1 SLR 127
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Voluntarily causing grievous hurt
10. Practice Areas
- Criminal Law
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Azlin binte Arujunah and other appeals | Court of Appeal | Yes | [2022] SGCA 52 | Singapore | Clarified the legal position regarding the test applicable to dual crime scenarios in cases of common intention. |
| Daniel Vijay s/o Katherasan and others v Public Prosecutor | Court of Appeal | Yes | [2010] 4 SLR 1119 | Singapore | Established the test for common intention in dual crime scenarios, which was applied by the Judge but later distinguished by Azlin. |
| Virsa Singh v State of Punjab | Supreme Court | Yes | AIR 1958 SC 465 | India | Established the test for individual liability under s 300(c), which continues to apply to single crime scenarios. |
| Public Prosecutor v Chia Kee Chen and another appeal | Unknown | Yes | [2018] 2 SLR 249 | Singapore | Clarified that the common intention to inflict the particular fatal injury was crucial. |
| Ng Soon Kim v Public Prosecutor | High Court | Yes | [2019] SGHC 247 | Singapore | Referenced for the sentencing approach. |
| Public Prosecutor v BDB | Unknown | Yes | [2018] 1 SLR 127 | Singapore | Established the starting point for sentencing when death was caused. |
| Lee Chez Kee v PP | Unknown | Yes | [2008] 3 SLR(R) 447 | Singapore | Mentioned as a potentially different test, but not applied in this case. |
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 34 | Singapore |
| Penal Code (Cap 224, Rev. Ed. 2008) s 326 | Singapore |
| Penal Code s 320(h) | Singapore |
| Penal Code s 320(aa) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Common intention
- Grievous hurt
- Syndicate
- Contraband cigarettes
- Chopper
- Fatal injury
- Dual crime
- Single crime
15.2 Keywords
- Criminal Law
- Complicity
- Common Intention
- Sentencing
- Singapore
- Murder
- Grievous Hurt
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Common intention | 90 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Complicity | 85 |
| Murder | 75 |
| Offences | 70 |
16. Subjects
- Criminal Law
- Sentencing
- Complicity