Public Prosecutor v M Krishnan: Culpable Homicide Sentencing for Domestic Violence with Intermittent Explosive Disorder

In Public Prosecutor v M Krishnan, the High Court of Singapore sentenced M Krishnan to 20 years' imprisonment for culpable homicide not amounting to murder. Krishnan, who had Intermittent Explosive Disorder and was voluntarily intoxicated, repeatedly assaulted his live-in partner, leading to her death. The court considered aggravating factors such as domestic violence, blatant disregard for life, and voluntary intoxication, as well as mitigating factors such as his guilty plea and cooperation. The sentence was backdated to the date of his arrest.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Accused sentenced to 20 years’ imprisonment, backdated to the date of his arrest.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

M Krishnan was sentenced to 20 years for culpable homicide after repeatedly hitting his partner. The court considered his Intermittent Explosive Disorder and voluntary intoxication.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Timotheus Koh of Attorney-General’s Chambers
Delicia Tan of Attorney-General’s Chambers
Joelle Loy of Attorney-General’s Chambers
M KrishnanDefenseIndividualSentence of 20 years imprisonmentLost

3. Judges

Judge NameTitleDelivered Judgment
Valerie TheanJudgeYes

4. Counsels

Counsel NameOrganization
Timotheus KohAttorney-General’s Chambers
Delicia TanAttorney-General’s Chambers
Joelle LoyAttorney-General’s Chambers
Ramesh Chandr TiwaryRamesh Tiwary Advocates & Solicitors

4. Facts

  1. The accused pleaded guilty to culpable homicide.
  2. The accused and the deceased were in a romantic relationship since 2015.
  3. The accused had a history of violence, including against his wife.
  4. The accused was diagnosed with Intermittent Explosive Disorder (IED).
  5. The accused was voluntarily intoxicated at the time of the offence.
  6. The deceased suffered extensive injuries, including 112 bruises and seven fractured ribs.
  7. The cause of death was listed as head injury.

5. Formal Citations

  1. Public Prosecutor v M Krishnan, Criminal Case No 18 of 2024, [2024] SGHC 128

6. Timeline

DateEvent
Accused and deceased started a romantic relationship.
Accused hit the deceased over a trivial matter.
Accused wrote a letter acknowledging the effect of alcohol on him.
Abuse against the deceased intensified after accused's release from prison.
Accused kicked and slapped the deceased after a confession.
Deceased sought medical treatment at Khoo Teck Puat Hospital.
Accused consumed alcohol throughout the day.
Accused and the deceased called the latter’s sister.
Accused assaulted the deceased again.
Accused called the Singapore Civil Defence Force for assistance.
Deceased was pronounced dead by SCDF personnel.
Accused surrendered to the police.
Dr Cheok issued first psychiatric report.
Dr Ung prepared Defence’s psychiatric report.
Dr Cheok issued second psychiatric report.
Public Prosecutor v Mohamad Fazli Bin Selamat HC/CC 11/2023 was decided.
Prosecution’s and Defence’s Submissions on Sentence.
Prosecution’s Further Submissions on Sentence.
Further Submissions on Sentence on Behalf of the Accused.
Accused sentenced to 20 years’ imprisonment.
Judgment Date

7. Legal Issues

  1. Culpable Homicide
    • Outcome: The court found the accused guilty of culpable homicide not amounting to murder.
    • Category: Substantive
  2. Sentencing for Culpable Homicide
    • Outcome: The court sentenced the accused to 20 years’ imprisonment, backdated to the date of his arrest.
    • Category: Procedural
    • Related Cases:
      • [2014] 4 SLR 1287
      • [2017] 1 SLR 450
      • [2013] 1 SLR 699
      • [2018] 2 SLR 295
      • [2024] 3 SLR 972
  3. Impact of Intermittent Explosive Disorder (IED) on Sentencing
    • Outcome: The court considered the accused's IED in determining the appropriate sentence, noting that it did not fully impair his ability to understand the nature or wrongfulness of his acts.
    • Category: Substantive
    • Related Cases:
      • [2018] 2 SLR 295
      • [2024] 3 SLR 972
  4. Voluntary Intoxication as an Aggravating Factor
    • Outcome: The court found that the accused's voluntary intoxication was an aggravating factor, as he was aware of the potential consequences of his actions.
    • Category: Substantive
    • Related Cases:
      • [2009] 1 SLR(R) 115
      • [2003] 1 SLR (R) 167
      • [2024] 3 SLR 972
  5. Domestic Violence as an Aggravating Factor
    • Outcome: The court found that the offence was aggravated by the fact that it was perpetrated in a domestic setting.
    • Category: Substantive
    • Related Cases:
      • [2002] 1 SLR(R) 613

8. Remedies Sought

  1. Imprisonment

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 NameCourtAffirmedCitationJurisdictionSignificance
Lim Ghim Peow v Public ProsecutorUnknownYes[2014] 4 SLR 1287SingaporeCited for the principle that retribution was the primary sentencing consideration in this case.
Public Prosecutor v Soo Cheow Wee and another appealUnknownYes[2024] 3 SLR 972SingaporeCited for the principle that an offender’s mental condition ought not to be treated as a mitigating factor if the offender had insight into his mental condition and nonetheless knowingly embarked on a course of action that rendered him more susceptible to the symptoms of the condition surfacing.
Luong Thi Trang Hoang Kathleen v Public ProsecutorUnknownYes[2010] 1 SLR 707SingaporeCited for the principle that sentences meted out in unreported decisions should not be relied upon when determining the appropriate sentence for subsequent cases.
Abdul Mutalib bin Aziman v Public ProsecutorUnknownYes[2021] 4 SLR 1220SingaporeCited for the principle that sentences meted out in unreported decisions should not be relied upon when determining the appropriate sentence for subsequent cases.
Toh Suat Leng Jennifer v Public ProsecutorUnknownYes[2022] 5 SLR 1075SingaporeCited for the principle that sentences meted out in unreported decisions should not be relied upon when determining the appropriate sentence for subsequent cases.
Dewi Sukowati v Public ProsecutorHigh CourtYes[2017] 1 SLR 450SingaporeCited as a sentencing precedent where the offender pleaded guilty to an offence punishable under s 304(a) of the Penal Code and the partial defence of diminished responsibility applied.
Public Prosecutor v Vitria Depsi Wahyuni (alias Fitriah)UnknownYes[2013] 1 SLR 699SingaporeCited as a sentencing precedent where the offender was sentenced to 20 years’ imprisonment on appeal.
Purwanti Parji v Public ProsecutorCourt of AppealYes[2005] 2 SLR(R) 220SingaporeCited in comparison to Public Prosecutor v Vitria Depsi Wahyuni (alias Fitriah).
Public Prosecutor v Kong Peng YeeUnknownYes[2018] 2 SLR 295SingaporeCited for the principle that the moral culpability of mentally disordered offenders lies on a spectrum and will depend on the nature and severity of the mental disorder in each case.
Wong Hoi Len v Public ProsecutorUnknownYes[2009] 1 SLR(R) 115SingaporeCited for the principle that voluntary intoxication would ordinarily be considered an aggravating factor.
Public Prosecutor v Aw Teck HockUnknownYes[2003] 1 SLR (R) 167SingaporeCited for the principle that those who offend in consequence of their inebriation cannot later be heard to blame the alcohol for their wrongdoing.
Regina v PSEnglish Court of AppealYes[2020] 4 WLR 13England and WalesCited for the principle that the sentencer should consider “whether the offender’s conduct was wilful or arose, for example, from a lack of insight into his condition”.
Public Prosecutor v Luan YuanxinUnknownYes[2002] 1 SLR(R) 613SingaporeCited for the principle that domestic violence constitutes an abuse of the bonds of trust and interdependency that exist between the victim and the assailant.
Public Prosecutor v Lim Chee Yin JordonUnknownYes[2018] 4 SLR 1294SingaporeCited for the principle that the absence of premeditation is only a neutral factor in the sentencing exercise.
Public Prosecutor v AOMUnknownYes[2011] 2 SLR 1057SingaporeCited for the principle that the absence of an aggravating factor cannot ipso facto constitute a mitigating factor.
Public Prosecutor v GED and other appealsUnknownYes[2023] 3 SLR 1221SingaporeCited for the principle that difficult personal circumstances faced by an offender at the time of the offence will rarely, if ever, have mitigating value.
Public Prosecutor v BDBUnknownYes[2018] 1 SLR 127SingaporeCited for the principle that difficult personal circumstances faced by an offender at the time of the offence will rarely, if ever, have mitigating value.
Wong Kai Chuen Philip v Public ProsecutorUnknownYes[1990] 2 SLR(R) 361SingaporeCited for the principle that the mitigatory weight of a plea of guilt, voluntary surrender, or cooperation with the authorities is greatly diminished in circumstances where the evidence against the accused was so overwhelming that the Prosecution would not have had any difficulty in proving its case against him.
Public Prosecutor v Lim Cheng Ji AlvinUnknownYes[2017] 5 SLR 671SingaporeCited for the principle that the mitigatory weight of a plea of guilt, voluntary surrender, or cooperation with the authorities is greatly diminished in circumstances where the evidence against the accused was so overwhelming that the Prosecution would not have had any difficulty in proving its case against him.
Saw Beng Chong v Public ProsecutorUnknownYes[2023] 3 SLR 424SingaporeCited for the principle that head injuries indicated that the accused targeted a vulnerable part of the deceased’s body.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code, s 304(a)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Culpable Homicide
  • Intermittent Explosive Disorder
  • Voluntary Intoxication
  • Domestic Violence
  • Sentencing
  • Aggravating Factors
  • Mitigating Factors

15.2 Keywords

  • culpable homicide
  • intermittent explosive disorder
  • domestic violence
  • sentencing
  • singapore

17. Areas of Law

Area NameRelevance Score
Culpable Homicide99
Criminal Law95
Sentencing90
Domestic Violence75
Criminal Procedure60
Intermittent Explosive Disorder40
Personal Injury30
Torts20
Family Law10

16. Subjects

  • Criminal Law
  • Sentencing
  • Domestic Violence