Public Prosecutor v Muhammad Salihin bin Ismail: Murder Conviction for Child Abuse Resulting in Death
In Public Prosecutor v Muhammad Salihin bin Ismail, the Court of Appeal of Singapore heard appeals related to the death of a four-year-old child. Salihin, the child's stepfather, was initially acquitted of murder under section 300(c) of the Penal Code but convicted of voluntarily causing grievous hurt. The Prosecution appealed the acquittal, and Salihin appealed his sentence. The Court of Appeal allowed the Prosecution's appeal, convicting Salihin of murder and sentencing him to life imprisonment and caning. The court found that Salihin intentionally inflicted the injuries that led to the child's death, dismissing arguments about other potential causes.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Muhammad Salihin was convicted of murder for causing the death of his stepdaughter by inflicting blunt force trauma to her abdomen.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant, Respondent | Government Agency | Appeal Allowed | Won | Senthilkumaran Sabapathy of Attorney-General’s Chambers Lim Yu Hui of Attorney-General’s Chambers |
| Muhammad Salihin bin Ismail | Respondent, Appellant | Individual | Convicted of Murder | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Debbie Ong Siew Ling | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Senthilkumaran Sabapathy | Attorney-General’s Chambers |
| Lim Yu Hui | Attorney-General’s Chambers |
| Suang Wijaya | Eugene Thuraisingam LLP |
| Eugene Thuraisingam | Eugene Thuraisingam LLP |
| Sophia Clare Ng | Eugene Thuraisingam LLP |
4. Facts
- Salihin kicked the Victim twice in the abdomen.
- The Victim vomited periodically on the night of 1 September 2018 and in the early hours of 2 September 2018.
- The Victim was found to have intra-abdominal bleeding.
- The Victim died on 2 September 2018.
- Salihin admitted to kicking the Victim to cause her stomach pain in order to teach her a lesson.
- The autopsy report stated the cause of death was haemoperitoneum due to blunt force trauma of the abdomen.
5. Formal Citations
- Public Prosecutor v Muhammad Salihin bin Ismail, Criminal Appeal No 5 of 2022, [2024] SGCA 22
- Public Prosecutor v Muhammad Salihin bin Ismail, Criminal Appeal No 19 of 2022, [2024] SGCA 22
- Muhammad Salihin bin Ismail v Public Prosecutor, Criminal Appeal No 23 of 2022, [2024] SGCA 22
6. Timeline
| Date | Event |
|---|---|
| Salihin scalded the Victim’s back with hot water while showering her. | |
| Salihin scalded the Victim’s back with hot water while showering her. | |
| Salihin slammed the Victim’s head against the floor. | |
| Salihin slammed the Victim’s head against the floor. | |
| Salihin punched and kicked the Victim in her abdomen. | |
| The Victim died. | |
| Salihin was arrested. | |
| Autopsy report was prepared. | |
| Trial Judge acquitted Salihin on the s 300(c) charge. | |
| Court of Appeal allowed the Prosecution’s appeal in CA 5. | |
| Judgment Date |
7. Legal Issues
- Intention to Cause Bodily Injury
- Outcome: The court held that Salihin did intend to inflict the intra-abdominal injuries on the Victim.
- Category: Substantive
- Related Cases:
- [2005] 4 SLR(R) 582
- AIR 1958 SC 465
- Causation of Intra-Abdominal Injuries
- Outcome: The court found that Salihin's actions were the sole cause of the Victim's intra-abdominal injuries.
- Category: Substantive
- Sufficiency of Injury to Cause Death
- Outcome: The court accepted that the intra-abdominal injuries were sufficient in the ordinary course of nature to cause death.
- Category: Substantive
8. Remedies Sought
- Conviction for Murder
- Life Imprisonment
- Caning
9. Cause of Actions
- Murder
- Voluntarily Causing Grievous Hurt
10. Practice Areas
- Criminal Law
- Homicide
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Lim Poh Lye | Court of Appeal | Yes | [2005] 4 SLR(R) 582 | Singapore | Cited for the principle that the intention required under section 300(c) of the Penal Code is the intention to inflict the injury in question, not the intention to cause death or a particular degree of seriousness. |
| Virsa Singh v State of Punjab | Supreme Court | Yes | AIR 1958 SC 465 | India | Cited for setting out the 'Virsa Singh test' to determine whether an accused person had the requisite intention to cause the particular injury that was in fact inflicted on the victim. |
| Public Prosecutor v Muhammad Salihin bin Ismail | High Court | Yes | [2023] SGHC 155 | Singapore | Cited as the grounds of decision of the Trial Judge in the High Court, which the Court of Appeal is now overturning. |
| Public Prosecutor v BDB | High Court | Yes | [2018] 1 SLR 127 | Singapore | Cited for the two-step sentencing framework. |
| Public Prosecutor v Azlin bte Arujunah and other appeals | Court of Appeal | Yes | [2022] 2 SLR 825 | Singapore | Cited for the principle that what is required under s 300(c) of the PC is that the accused person had the requisite intention to cause the particular injury that was in fact inflicted on the victim. |
| Public Prosecutor v Azlin bte Arujunah and another | High Court | Yes | [2020] SGHC 168 | Singapore | Cited for the principle that in determining whether death would have resulted in the ordinary course of nature, the probability of death is to be determined without reference to the availability of timely medical intervention. |
| Wang Wenfeng v Public Prosecutor | Court of Appeal | Yes | [2012] 4 SLR 590 | Singapore | Cited for the principle that where death ensued from an injury, all that the Prosecution had to show was that the evidence pointed to a “high probability of death in the ordinary course of nature”. |
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 302(2) | Singapore |
| Criminal Procedure Code 2010 s 141 | Singapore |
| Penal Code s 325 | Singapore |
| Penal Code s 324 | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 5(1) | Singapore |
| Penal Code s 299 | Singapore |
| Penal Code s 34 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Intra-abdominal injuries
- Blunt force trauma
- Haemoperitoneum
- Virsa Singh test
- Mens rea
- Causation
- Voluntary act
- Life imprisonment
- Caning
15.2 Keywords
- Murder
- Child abuse
- Singapore
- Criminal law
- Intention
- Causation
- Penal Code
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Murder | 95 |
| Criminal Procedure | 60 |
| Evidence Law | 50 |
16. Subjects
- Criminal Law
- Child Abuse
- Homicide