Public Prosecutor v CNJ: Sentencing for Culpable Homicide by Young Offender
In Public Prosecutor v CNJ, before the General Division of the High Court of Singapore on 24 January 2022, CNJ was sentenced to five years' detention for culpable homicide not amounting to murder. The court, presided over by Aedit Abdullah J, considered the sentencing objectives for young offenders, including rehabilitation, public protection, retribution, and specific deterrence, as outlined in the Children and Young Persons Act. The court found that detention was the appropriate punishment, balancing the need for rehabilitation with the seriousness of the offense.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Accused sentenced to five years’ detention.
1.3 Case Type
Criminal
1.4 Judgment Type
Sentencing Remarks
1.5 Jurisdiction
Singapore
1.6 Description
CNJ, a young offender, was sentenced to five years' detention for culpable homicide. The court considered rehabilitation, public protection, retribution, and specific deterrence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentence of five years’ detention imposed | Won | Lim Shin Hui of Attorney-General’s Chambers Han Ming Kuang of Attorney-General’s Chambers |
| CNJ | Defendant | Individual | Sentence of five years’ detention imposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Shin Hui | Attorney-General’s Chambers |
| Han Ming Kuang | Attorney-General’s Chambers |
| J Jayaletchmi | Withers KhattarWong LLP |
| Nathan Shashidran | Withers KhattarWong LLP |
| Jeremy Pereira | Withers KhattarWong LLP |
4. Facts
- The accused pleaded guilty to culpable homicide not amounting to murder.
- The accused was 15 years old at the time of the offense, making him a 'young person' under the CYPA.
- The victim was a family member of the accused.
- The psychiatric assessment indicated that the accused is unlikely to repeat such a violent act.
- The accused cooperated with authorities during the investigation.
5. Formal Citations
- Public Prosecutor v CNJ, Criminal Case No 2 of 2022, [2022] SGHC 18
6. Timeline
| Date | Event |
|---|---|
| Judgment issued |
7. Legal Issues
- Sentencing of Young Offenders
- Outcome: The court determined that a five-year detention was appropriate, considering rehabilitation, public protection, retribution, and specific deterrence.
- Category: Substantive
8. Remedies Sought
- Sentencing
9. Cause of Actions
- Culpable Homicide Not Amounting to Murder
10. Practice Areas
- Criminal Law
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v ASR | High Court | Yes | [2019] 1 SLR 941 | Singapore | Cited to describe rehabilitation as the dominant consideration in sentencing. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable Homicide
- Young Offender
- Detention
- Rehabilitation
- Sentencing Objectives
- Children and Young Persons Act
15.2 Keywords
- culpable homicide
- young offender
- sentencing
- detention
- rehabilitation
- Singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Culpable Homicide | 95 |
| Sentencing Framework | 95 |
| Criminal Law | 90 |
| Young Offenders | 90 |
| Criminal Procedure | 85 |
| Children's Welfare | 70 |
16. Subjects
- Criminal Law
- Sentencing
- Youth Justice