PP v Xavier Yap: Culpable Homicide, Mentally Disordered Offenders, Sentencing
In [2023] SGHC 224, Public Prosecutor v Xavier Yap Jung Houn, the General Division of the High Court of Singapore sentenced Xavier Yap for two charges of culpable homicide not amounting to murder under s 304(a) of the Penal Code. Yap intentionally caused the deaths of his two sons, who suffered from autism spectrum disorder and global developmental delay, while suffering from Major Depressive Disorder. The court sentenced Yap to seven years' imprisonment for each charge, to run consecutively, resulting in a total sentence of 14 years' imprisonment.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
The Accused was sentenced to seven years’ imprisonment for each of the two charges under s 304(a) of the Penal Code. The two sentences are ordered to run consecutively, resulting in an aggregate sentence of 14 years’ imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Xavier Yap was sentenced for culpable homicide of his two sons with autism. The court considered his major depressive disorder in sentencing.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentenced | Won | Kumaresan Gohulabalan of Attorney-General’s Chambers Goh Qi Shuen of Attorney-General’s Chambers Lim Shin Hui of Attorney-General’s Chambers |
| Xavier Yap Jung Houn | Defendant | Individual | Sentenced to imprisonment | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vincent Hoong | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kumaresan Gohulabalan | Attorney-General’s Chambers |
| Goh Qi Shuen | Attorney-General’s Chambers |
| Lim Shin Hui | Attorney-General’s Chambers |
| Choo Si Sen | Tan Lee & Partners |
| Nai Thiam Siew Patrick | Tan Lee & Partners |
| Choo Yean Lin | Tan Lee & Partners |
| Muhammad Razeen bin Sayed Majunoon | Advance Law LLC |
4. Facts
- The Accused intentionally caused the deaths of his two sons.
- The Victims suffered from autism spectrum disorder and global developmental delay.
- The Accused was suffering from Major Depressive Disorder of moderate severity.
- The Accused planned to take his own life after taking the lives of his sons but failed.
- The Accused pleaded guilty to two charges of culpable homicide not amounting to murder.
- The Accused strangled his two sons at a playground.
- The Accused knew that his conduct of killing the Victims was wrong.
5. Formal Citations
- Public Prosecutor v Yap Jung Houn Xavier, Criminal Case No 27 of 2023, [2023] SGHC 224
6. Timeline
| Date | Event |
|---|---|
| Victims were formally diagnosed with ASD and GDD | |
| Victims were eventually enrolled at a mainstream primary school | |
| Accused grew concerned over Anna’s anger towards the Victims | |
| Accused purchased an ice-pick | |
| Accused killed the Victims | |
| Accused was arrested | |
| Statement of Facts dated | |
| Defence’s Plea-In-Mitigation dated | |
| Judgment delivered |
7. Legal Issues
- Culpable homicide not amounting to murder
- Outcome: The accused pleaded guilty to two charges of culpable homicide not amounting to murder punishable under s 304(a) of the Penal Code.
- Category: Substantive
- Sentencing mentally disordered offenders
- Outcome: The court considered the accused's major depressive disorder in determining the appropriate sentence.
- Category: Procedural
- Related Cases:
- [2018] 2 SLR 295
- [2014] 4 SLR 1287
- [2015] 3 SLR 222
- Sentencing principles
- Outcome: The court applied the principles of deterrence, retribution, and rehabilitation in sentencing the accused.
- Category: Procedural
- Related Cases:
- [2014] 2 SLR 998
- One-transaction rule
- Outcome: The court found that the one-transaction rule did not apply because the two offences related to two different victims.
- Category: Procedural
- Related Cases:
- [2007] 2 SLR(R) 814
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Culpable Homicide
10. Practice Areas
- Criminal Law
- Sentencing
- Homicide
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Kong Peng Yee | Court of Appeal | Yes | [2018] 2 SLR 295 | Singapore | Cited for the principle that deterrence and retribution should still feature in cases of mentally disordered offenders who retain their understanding of their actions. |
| Lim Ghim Peow v Public Prosecutor | Court of Appeal | Yes | [2014] 4 SLR 1287 | Singapore | Cited for the principles relating to the sentencing of an offender with a mental disorder but who was not of unsound mind. |
| Public Prosecutor v Chong Hou En | Unknown | Yes | [2015] 3 SLR 222 | Singapore | Cited for summarising the principles relating to the sentencing of an accused with a mental disorder. |
| Public Prosecutor v BDB | Court of Appeal | Yes | [2018] 1 SLR 127 | Singapore | Cited for the special need to protect vulnerable persons and that an offender’s culpability would generally be seen as enhanced where the victim is vulnerable. |
| Public Prosecutor v UI | Court of Appeal | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited for the observation that the level of confidence and trust that a child naturally reposes in his or her parent entails that a parent who betrays that trust and harms the child stands at the furthest end of the spectrum of guilt. |
| Public Prosecutor v BAC | High Court | Yes | [2016] SGHC 49 | Singapore | Cited as a sentencing precedent for a charge under s 304(a) of the Penal Code for causing the death of her seven-year-old son who was diagnosed with autism. |
| Public Prosecutor v CAD | High Court | Yes | [2019] SGHC 262 | Singapore | Cited as a sentencing precedent for a charge under s 304(a) of the Penal Code for causing the death of her two-year-old daughter. |
| Public Prosecutor v Han John Han | Unknown | Yes | [2007] 1 SLR(R) 1180 | Singapore | Cited as a sentencing precedent for a charge under s 304(a) of the Penal Code for causing the death of his pregnant wife. |
| Public Prosecutor v Raveen Balakrishnan | Unknown | Yes | [2018] 5 SLR 799 | Singapore | Cited for the principle that sentences for related offences forming part of a single transaction should generally run concurrently. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Unknown | Yes | [2014] 2 SLR 998 | Singapore | Cited for the principle that the court would then proceed to consider whether the effect of the sentence on the offender is crushing and not in keeping with his past record and his future prospects. |
| Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the one-transaction rule states that where two or more offences are committed in the course of a single transaction, all sentences in respect of those offences should generally be ordered to run concurrently rather than consecutively. |
| Public Prosecutor v Loh Cheok San | High Court | Yes | [2023] SGHC 190 | Singapore | Cited for the principle that whether the various offences form part of a single transaction depends on whether they constitute a “single invasion of the same legally protected interest”. |
| Lai Oei Mui Jenny v Public Prosecutor | Unknown | Yes | [1993] 2 SLR(R) 406 | Singapore | Cited for the principle that, except in the most exceptional circumstances, hardship to the offender’s family has very little, if any, mitigating value. |
| Public Prosecutor v Yue Mun Yew Gary | Unknown | Yes | [2013] 1 SLR 39 | Singapore | Cited for the principle that, except in the most exceptional circumstances, hardship to the offender’s family has very little, if any, mitigating value. |
| M Raveendran v Public Prosecutor | Unknown | Yes | [2022] 3 SLR 1183 | Singapore | Cited for the principle that judicial mercy exists as an exceptional jurisdiction, and the threshold to warrant the exercise of judicial mercy is an exceedingly high one. |
| Abdul Aziz bin Mohamed Hanib v Public Prosecutor and other appeals | High Court | Yes | [2022] SGHC 101 | Singapore | Cited for the principle that unreported decisions lack sufficient particulars to paint the entire factual landscape required to appreciate the precise sentences imposed. |
| Janardana Jayasankarr v Public Prosecutor | Unknown | Yes | [2016] 4 SLR 1288 | Singapore | Cited for the reason for placing little, if any, weight on an unreported precedent is that it is unreasoned, and it is therefore not possible to discern what had weighed on the mind of the sentencing judge |
| Bachik bin Abdul Rahman v Public Prosecutor | Malaysian Court of Appeal | Yes | [2004] 2 MLJ 534 | Malaysia | The Malaysian Court of Appeal has developed this into four elements: proximity of time, proximity of place, continuity of action and continuity of purpose or design |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code 1871 | Singapore |
| s 304(a) of the Penal Code | Singapore |
| s 299 of the Penal Code | Singapore |
| Exception 7 to s 300 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Major Depressive Disorder
- Autism spectrum disorder
- Global Developmental Delay
- Diminished responsibility
- Sentencing
- One-transaction rule
- Deterrence
- Retribution
- Rehabilitation
15.2 Keywords
- culpable homicide
- sentencing
- mental disorder
- Singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Culpable Homicide | 90 |
| Sentencing | 80 |
| Criminal Procedure | 80 |
| Mentally disordered offenders | 75 |
| Children's Welfare | 30 |
16. Subjects
- Criminal Law
- Sentencing
- Mental Disorder