PP v Mohamed Aliff: Murder Conviction for Infant's Death Due to Blunt Force Trauma
In [2022] SGHC 295, the High Court of Singapore convicted Mohamed Aliff bin Mohamed Yusoff of murder under section 300(c) of the Penal Code for causing the death of 9-month-old Izz Fayyaz Zayani bin Ahmad. The prosecution argued that Aliff intentionally inflicted blunt force trauma to Izz's head. Aliff claimed Izz's death was accidental. After a trial, the court found Aliff guilty and sentenced him to life imprisonment and 15 strokes of the cane. Aliff has appealed the conviction and sentence.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Accused convicted of murder and sentenced to life imprisonment and 15 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mohamed Aliff was convicted of murder for causing the death of a 9-month-old by inflicting blunt force trauma. The court sentenced him to life imprisonment and caning.
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 | Lim Shin Hui of Attorney-General’s Chambers Han Ming Kuang of Attorney-General’s Chambers |
| Mohamed Aliff bin Mohamed Yusoff | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Mavis Chionh Sze Chyi | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Shin Hui | Attorney-General’s Chambers |
| Han Ming Kuang | Attorney-General’s Chambers |
| Wong Hong Weng Stephen | Matthew Chiong Partnership |
| Kanagavijayan Nadarajan | Kana & Co |
| Ramachandran Shiever Subramanium | Grays LLC |
4. Facts
- The accused was charged with murder under s 300(c) of the Penal Code for causing the death of Izz Fayyaz Zayani bin Ahmad.
- The prosecution argued that the accused had pushed Izz’s head against the wooden floorboard in the rear cabin of his van twice.
- The accused claimed that Izz’s death had been an accident, stating Izz fell out of his arm and hit his head.
- The accused initially did not call for an ambulance or bring Izz to a hospital after the incident.
- The accused suggested to Nadiah that they pay someone to bury Izz before reporting him missing to the police a year later.
- The accused briefed Nadiah on the "accidental fall" story to be told to the hospital personnel.
- The forensic pathologist, Dr. Gilbert Lau, testified that the cause of death was traumatic intracranial hemorrhage, consistent with blunt force trauma.
5. Formal Citations
- Public Prosecutor v Mohamed Aliff bin Mohamed Yusoff, Criminal Case No 21 of 2022, [2022] SGHC 295
6. Timeline
| Date | Event |
|---|---|
| Accused got to know Nadiah through Instagram | |
| Accused got to know Nadiah through Instagram | |
| Izz was born | |
| Accused started a relationship with Nadiah | |
| Accused first met Izz | |
| Accused became romantically involved with Nadiah | |
| Izz was brought to NUH for review of a bruise over his left cheek | |
| Izz was brought to NUH for a rash and a tongue ulcer | |
| Video showed Izz supporting the weight of his torso on both arms in crawling position | |
| Video showed Izz crawling on the floor using both outstretched arms | |
| Accused, Nadiah, and Izz had dinner at Wisteria Mall | |
| Accused drove Nadiah and Izz to Nadiah’s mother’s flat at Choa Chu Kang | |
| Accused drove the van to a multistorey carpark in Yishun | |
| Accused exchanged text messages with his father via WhatsApp | |
| Accused left Izz in the rear cabin of the locked van while he made a trip to a nearby Sheng Shiong supermarket | |
| Accused called Nadiah several times | |
| Nadiah met the accused at the main road near Strategy Building | |
| Accused told Nadiah that Izz had fidgeted and fell headfirst onto the floorboard of the van | |
| Accused and Nadiah arrived at National University Hospital | |
| Izz was pronounced dead | |
| Accused was escorted back to Woodlands Police Division Headquarters | |
| Accused was placed under arrest at PCC in connection with Izz’s death | |
| Dr Lau conducted an autopsy on Izz’s corpse | |
| ASP Ang recorded a statement from the accused | |
| ASP Ang recorded a statement from the accused | |
| ASP Ang Ghim Sing recorded a statement from the accused | |
| ASP Ng Choon Siong Desmond recorded a statement from the accused | |
| ASP Ang recorded a statement from the accused | |
| Dr Tan noted that the accused had described the sequence of events to him | |
| ASP Ang recorded a statement from the accused | |
| ASP Ang escorted the accused to the basement carpark at PCC where the accused’s van was parked | |
| ASP Ang recorded a statement from the accused | |
| Judgment Date | |
| Dr Cheow issued a report | |
| Case for the Defence dated | |
| Further Case for the Defence dated | |
| Trial began | |
| Trial Day | |
| Trial Day | |
| Trial Day | |
| Trial Day | |
| Trial Day | |
| Trial Day | |
| Trial Day | |
| Judgment Date |
7. Legal Issues
- Murder
- Outcome: The court found the accused guilty of murder under section 300(c) of the Penal Code.
- Category: Substantive
- Related Cases:
- [2012] 4 SLR 390
- AIR 1958 SC 465
- [2004] 1 SLR(R) 479
- [2022] SGCA 52
- Voluntariness of Statements
- Outcome: The court found all seven disputed statements to have been made voluntarily and admitted them into evidence.
- Category: Procedural
- Related Cases:
- [1998] 3 SLR(R) 619
- [2021] 1 SLR 557
- [1995] 2 SLR(R) 806
- [2019] SGHC 268
- Sentencing
- Outcome: The court sentenced the accused to life imprisonment and 15 strokes of the cane.
- Category: Procedural
- Related Cases:
- [2015] 2 SLR 112
- [2018] 2 SLR 249
- [2019] 2 SLR 439
- [2020] SGHC 58
- [2021] SGCA 7
- [2011] 3 SLR 833
- [2018] 1 SLR 127
- [2020] 4 SLR 1412
- [2017] 5 SLR 671
- [2021] 4 SLR 1086
8. Remedies Sought
- Conviction
- Imprisonment
- Caning
9. Cause of Actions
- Murder
10. Practice Areas
- Criminal Law
- Homicide
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Mohamed Ansari bin Mohamed Abdul Aziz and another | High Court | Yes | [2019] SGHC 268 | Singapore | Cited for the principle that the court can review disputed statements during an ancillary hearing to determine voluntariness. |
| Chai Chien Wei Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 3 SLR(R) 619 | Singapore | Cited for the two-stage factual inquiry to determine the voluntariness of a statement. |
| Sulaiman bin Jumari v Public Prosecutor | Court of Appeal | Yes | [2021] 1 SLR 557 | Singapore | Cited for the two-stage factual inquiry to determine the voluntariness of a statement. |
| Panya Marmontree and others v Public Prosecutor | Court of Appeal | Yes | [1995] 2 SLR(R) 806 | Singapore | Cited for the principle that the trial judge need only consider whether the evidence of the accused alleging inducements, threats, promises or assaults, taken together with the prosecution’s evidence, has raised a reasonable doubt in his mind that the accused was thus influenced into making the statement |
| Wang Wanfeng v Public Prosecutor | Court of Appeal | Yes | [2012] 4 SLR 390 | Singapore | Cited for the ingredients of the offence of murder under s 300(c) of the Penal Code. |
| Virsa Singh v State of Punjab | Supreme Court | Yes | AIR 1958 SC 465 | India | Cited for the ingredients of the offence of murder under s 300(c) of the Penal Code. |
| Tan Chee Wee v PP | Court of Appeal | Yes | [2004] 1 SLR(R) 479 | Singapore | Cited for the ingredients of the offence of murder under s 300(c) of the Penal Code. |
| Public Prosecutor v Azlin bte Arujunah & another | Court of Appeal | Yes | [2022] SGCA 52 | Singapore | Cited for the elements of the offence under s 300(c) of the Penal Code. |
| PP v Lim Poh Lye and another | Court of Appeal | Yes | [2005] 4 SLR(R) 582 | Singapore | Cited for the principle that it is not necessary for the accused to have known or intended the potentially fatal consequence of inflicting the bodily injury; it is sufficient that the accused intentionally caused the particular bodily injury inflicted. |
| Harjinder Singh v Delhi Administration | Supreme Court | No | AIR 1968 SC 867 | India | Distinguished from the present case, as the court in Harjinder Singh was not concerned with whether the accused intended to sever the artery but whether he intended to cause the particular injuries that were found on the victim. |
| Thongbai Naklangdon v PP | Court of Appeal | Yes | [1996] 1 SLR(R) 55 | Singapore | Cited for the principle that where there exist inconsistencies and shortcomings in an accused’s statements, the trial judge is entitled to rely on such parts of the statements as he thinks can be relied on, and to decide which, if any, of the inconsistent portions represent the truth. |
| Mohammed Ali bin Johari v PP | Court of Appeal | Yes | [2008] 4 SLR(R) 1058 | Singapore | Cited for the principle that while motive is not an essential element of the crime, it can bolster an inference that an intention to commit the offence was existent. |
| Chan Mei Yoong Letticia v PP | High Court | No | [2002] 1 SLR(R) 897 | Singapore | Cited for the principle that evidence of good character is generally relevant to the credibility of an appellant as a witness, but is of little assistance where the appellant has been less than truthful and forthright with respect to a number of matters. |
| PP v Kho Jabing | Court of Appeal | Yes | [2015] 2 SLR 112 | Singapore | Cited for the test for when the death penalty is appropriate in s 300(c) PC cases. |
| Public Prosecutor v Chia Kee Chen | Court of Appeal | No | [2018] 2 SLR 249 | Singapore | Cited as an illustration of the application of the principle in deciding whether the death penalty should be meted out. |
| Chan Lie Sian v PP | Court of Appeal | No | [2019] 2 SLR 439 | Singapore | Cited as an illustration of the application of the principle in deciding whether the death penalty should be meted out. |
| Public Prosecutor v Boh Soon Ho | High Court | No | [2020] SGHC 58 | Singapore | Cited as an illustration of the application of the principle in deciding whether the death penalty should be meted out. |
| Toh Sia Guan v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 7 | Singapore | Cited as an illustration of the application of the principle in deciding whether the death penalty should be meted out. |
| PP v Toh Sia Guan | High Court | Yes | [2020] SGHC 92 | Singapore | Cited for the principle that the prosecution only had to show that the accused caused the particular but not the precise injury. |
| PP v AFR | High Court | No | [2011] 3 SLR 653 | Singapore | Distinguished from the present case, as the facts of the AFR case were very different from cases such as Virsa Singh where the consequences of injuries by stabbing with knives or spears or drowning in water, are well within ordinary human knowledge or experience. |
| Micheal Anak Garing v Public Prosecutor and anor appeal | Court of Appeal | Yes | [2017] 1 SLR 748 | Singapore | Cited as an example where the courts have imposed the maximum number of strokes of the cane alongside a sentence of life imprisonment. |
| AFR (CA) | Court of Appeal | Yes | [2011] 3 SLR 833 | Singapore | Cited for the principle that our courts have consistently adopted a tough stance towards offenders who cause the deaths of defenceless young victims by violence. |
| PP v BDB | Court of Appeal | Yes | [2018] 1 SLR 127 | Singapore | Cited for the principle that an offender’s culpability will generally be viewed as being enhanced when the victim is vulnerable; and as the CA noted in PP v BDB [2018] 1 SLR 127 (“BDB”) (at [37]), among vulnerable victims, young victims are notable for several reasons. |
| Public Prosecutor v Siow Kai Yuan Terence | High Court | Yes | [2020] 4 SLR 1412 | Singapore | Cited for the principle that unreported decisions should be approached with some caution because, inter alia, the absence of written grounds of decision may make it difficult to arrive at a proper appraisal of these facts and circumstances. |
| Public Prosecutor v Lim Cheng Ji Alvin | High Court | Yes | [2017] 5 SLR 671 | Singapore | Cited for the principle that unreported decisions should be approached with some caution because, inter alia, the absence of written grounds of decision may make it difficult to arrive at a proper appraisal of these facts and circumstances. |
| GCM v Public Prosecutor and anor appeal | Court of Appeal | Yes | [2021] 4 SLR 1086 | Singapore | Cited for the principle that unreported decisions should be approached with some caution because, inter alia, the absence of written grounds of decision may make it difficult to arrive at a proper appraisal of these facts and circumstances. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Section 300(c) of the Penal Code | Singapore |
| Section 302(2) of the Penal Code | Singapore |
| Criminal Procedure Code 2010 (2020 Rev Ed) | Singapore |
| Section 22 of the Criminal Procedure Code 2010 (2020 Rev Ed) | Singapore |
| Section 258(3) of the Criminal Procedure Code | Singapore |
| Section 261 of the Criminal Procedure Code | Singapore |
| Evidence Act 1893 (2020 Rev Ed) | Singapore |
| Section 8(2) of the Evidence Act 1893 (2020 Rev Ed) | Singapore |
| Miscellaneous Offences Act (Cap 184) | Singapore |
| Section 20 of the Miscellaneous Offences Act (Cap 184) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Blunt force trauma
- Traumatic intracranial hemorrhage
- Accidental fall
- Voluntariness of statements
- Causation
- Intention
- Motive
- Circumstantial evidence
- Credibility of witnesses
- Adverse inference
15.2 Keywords
- Murder
- Blunt force trauma
- Infant death
- Criminal law
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Murder | 95 |
| Criminal Law | 90 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Offences | 80 |
| Evidence | 60 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Sentencing
- Homicide