PP v Muhammad Salihin: Murder Charge, Voluntarily Causing Grievous Hurt, Joint Trial
In the General Division of the High Court of Singapore, Muhammad Salihin bin Ismail was tried for the murder of his stepdaughter, Nursabrina Augustiani Abdullah. The court acquitted Muhammad Salihin of the murder charge but convicted him of voluntarily causing grievous hurt under section 325 of the Penal Code. He was sentenced to nine years' imprisonment and 12 strokes of the cane, with two other charges taken into consideration. Both the Prosecution and Defence appealed against the sentence.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused acquitted of murder charge and convicted of voluntarily causing grievous hurt.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Muhammad Salihin was acquitted of murder but convicted of voluntarily causing grievous hurt, sentenced to imprisonment and caning. The Prosecution and Defence appealed the sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Murder charge not proven | Lost | Senthilkumaran Sabapathy, Lim Yu Hui |
| Muhammad Salihin bin Ismail | Defendant | Individual | Convicted of Voluntarily Causing Grievous Hurt | Lost | Eugene Singarajah Thuraisingam, Suang Wijaya |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Pang Khang Chau | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Senthilkumaran Sabapathy | Attorney-General’s Chambers |
| Lim Yu Hui | Attorney-General’s Chambers |
| Eugene Singarajah Thuraisingam | Eugene Thuraisingam LLP |
| Suang Wijaya | Eugene Thuraisingam LLP |
4. Facts
- Accused was the Victim’s stepfather.
- On 1 September 2018, the accused kicked the Victim’s abdomen twice.
- The Victim vomited after dinner and in the early hours of 2 September 2018.
- The Victim became unconscious on 2 September 2018 and was later pronounced dead.
- The cause of death was internal bleeding in the abdominal cavity due to blunt force trauma.
- The accused performed CPR on the Victim.
5. Formal Citations
- Public Prosecutor v Muhammad Salihin bin Ismail, Criminal Case No 6 of 2021, [2023] SGHC 155
6. Timeline
| Date | Event |
|---|---|
| Accused married the Victim’s mother. | |
| Accused allegedly punched and kicked the Victim in her abdomen. | |
| Victim died. | |
| Accused arrested. | |
| Trial began. | |
| Sentencing submissions heard. | |
| Judgment issued. |
7. Legal Issues
- Murder
- Outcome: Accused acquitted of murder charge.
- Category: Substantive
- Related Cases:
- AIR 1958 SC 465
- Voluntarily Causing Grievous Hurt
- Outcome: Accused convicted of voluntarily causing grievous hurt.
- Category: Substantive
- Application of Virsa Singh test
- Outcome: Court considered the application of the Virsa Singh test in cases with multiple contributory causes to the fatal injury.
- Category: Procedural
- Related Cases:
- AIR 1958 SC 465
- Sentencing
- Outcome: Court applied the sentencing framework set out in Public Prosecutor v BDB.
- Category: Procedural
- Related Cases:
- [2018] 1 SLR 127
8. Remedies Sought
- Conviction for Murder
- Imprisonment
- Caning
9. Cause of Actions
- Murder
- 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 |
|---|---|---|---|---|---|
| Virsa Singh v State of Punjab | Supreme Court | Yes | AIR 1958 SC 465 | India | Cited for setting out the elements that must be proven for an offence under s 300(c) of the Penal Code. |
| Public Prosecutor v AFR | High Court | Yes | [2011] 3 SLR 653 | Singapore | Cited regarding the requirement of foreseeability for an accused person to be found to have intended a bodily injury on the victim. |
| Shaiful Edham bin Adam and another v Public Prosecutor | Court of Appeal | Yes | [1999] 1 SLR(R) 442 | Singapore | Cited for the 'substantial cause test' in determining causation of death. |
| Public Prosecutor v Toh Sia Guan | High Court | Yes | [2020] SGHC 92 | Singapore | Cited for the principle that the bodily injury must actually be inflicted by the accused. |
| Public Prosecutor v Chia Kee Chen and another appeal | Court of Appeal | Yes | [2018] 2 SLR 249 | Singapore | Cited for the four elements of a charge under s 300(c) of the Penal Code. |
| Kho Jabing v PP | Unknown | Yes | [2011] 3 SLR 634 | Singapore | Cited for the four elements of a charge under s 300(c) of the Penal Code. |
| Public Prosecutor v Phuah Siew Yen | High Court | Yes | (1991) 3 CLAS News 30 | Singapore | Cited for the principle that in a case involving multiple causes to an injury, the court needs to identify and isolate the injury actually inflicted by the accused. |
| R v Smith | Queen's Bench | Yes | [1959] 2 QB 35 | England and Wales | Cited regarding the 'substantial cause test'. |
| Murugan a/al Arumugam v Public Prosecutor | Unknown | Yes | [2013] 3 MLJ 345 | Malaysia | Cited regarding the 'substantial cause test'. |
| Public Prosecutor v Chan Lie San | High Court | Yes | [2017] SGHC 205 | Singapore | Cited regarding the 'substantial cause test'. |
| Guay Seng Tiong Nickson v Public Prosecutor | Unknown | Yes | [2016] 3 SLR 1079 | Singapore | Cited regarding causing death by negligent act. |
| Public Prosecutor v Lim Poh Lye and another | Unknown | Yes | [2005] 4 SLR(R) 582 | Singapore | Cited for the principle that the third element of the Virsa Singh test will not be satisfied if the injury was accidental or unintended. |
| Public Prosecutor v Boh Soon Ho | High Court | Yes | [2020] SGHC 58 | Singapore | Cited for the principle that the accused's subjective intention is to be ascertained or inferred from the objective facts and evidence. |
| Wang Wenfeng v Public Prosecutor | Unknown | Yes | [2012] 4 SLR 590 | Singapore | Cited for the principle that an injury which is 'sufficient in the ordinary course of nature to cause death' is one which carries a high probability of death in the ordinary course of nature. |
| In re Singaram Padayachi and others | Unknown | Yes | (1944) AIR Mad 223 | India | Cited for the principle that the probability of death is to be determined without reference to the availability of timely medical intervention. |
| Public Prosecutor v BDB | Court of Appeal | Yes | [2018] 1 SLR 127 | Singapore | Cited for the sentencing framework for offences under s 325 of the Penal Code. |
| Public Prosecutor v Wee Teong Boo and other appeal and another matter | Unknown | Yes | [2020] 2 SLR 533 | Singapore | Cited regarding s 141 of the CPC which permits the court to convict the accused person of a lesser offence. |
| Logachev Vladislav v Public Prosecutor | Unknown | Yes | [2018] 4 SLR 609 | Singapore | Cited regarding aggravating factors considered at stage two of the sentencing framework in BDB are meant to adjust for the offender’s culpability. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 228, 2008 Rev Ed) | Singapore |
| s 300(c) of the Penal Code | Singapore |
| s 325 of the Penal Code | Singapore |
| s 324 of the Penal Code | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) | Singapore |
| s 5(1) of the Children and Young Persons Act (Cap 38, 2001 Rev Ed) | Singapore |
| s 141 of the Criminal Procedure Code | Singapore |
| s 148 of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Blunt force trauma
- Intra-abdominal injuries
- Virsa Singh test
- Causation
- Mens rea
- Actus reus
- Voluntarily causing grievous hurt
- Sentencing framework
15.2 Keywords
- Murder
- Voluntarily Causing Grievous Hurt
- Penal Code
- Singapore
- Criminal Law
- Sentencing
- High Court
- Criminal Procedure
16. Subjects
- Criminal Law
- Sentencing
- Criminal Procedure
17. Areas of Law
- Criminal Law
- Criminal Procedure
- Sentencing