Public Prosecutor v Nasser Bin Salleh: Sentencing for Culpable Homicide under Penal Code
In Public Prosecutor v Nasser Bin Salleh, the High Court of Singapore, presided over by Justice Choo Han Teck, sentenced Nasser Bin Salleh on March 25, 2003, after he pleaded guilty to culpable homicide under section 304(a) of the Penal Code for causing the death of his wife. The court considered the circumstances of the case, including the accused's motive and the violent nature of the assault, and sentenced him to 5 years imprisonment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to 5 years imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Nasser Bin Salleh pleaded guilty to culpable homicide. The court considered the circumstances and sentenced him to 5 years imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Jaswant Singh of Public Prosecutor |
| Nasser Bin Salleh | Defendant | Individual | Defendant found guilty | Lost | Thangavelu of Independent Practitioner Terence Tay of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jaswant Singh | Public Prosecutor |
| Thangavelu | Independent Practitioner |
| Terence Tay | Independent Practitioner |
4. Facts
- The accused pleaded guilty to causing the death of his wife.
- The accused kicked his wife in the mouth after discovering she was lying to him.
- The kick caused the wife's head to hit the wall, resulting in a fatal subarachnoid haemorrhage.
- The accused was charged under s 304(a) of the Penal Code.
- The prosecution was presented by an experienced counsel.
- The court considered the circumstances of the offence, including the accused's motive.
5. Formal Citations
- Public Prosecutor v Nasser Bin Salleh, CC 13/2003, [2003] SGHC 66
6. Timeline
| Date | Event |
|---|---|
| Norafidah spent the night at Sheik Abdullah’s flat. | |
| Accused confronted Norafidah at the bus-stop. | |
| Accused kicked Norafidah in the mouth, causing her death. | |
| Judgment issued. |
7. Legal Issues
- Sentencing Principles
- Outcome: The court considered the motive for the offence in determining the appropriate sentence under s 304(a) of the Penal Code.
- Category: Substantive
8. Remedies Sought
- Sentencing
9. Cause of Actions
- Culpable Homicide
10. Practice Areas
- Criminal Procedure
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 304 (a) Penal Code, Cap 224 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Culpable homicide
- Sentencing
- Motive
- Penal Code
- Subarachnoid haemorrhage
15.2 Keywords
- culpable homicide
- sentencing
- criminal law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 90 |
| Penal Code | 80 |
| Criminal Procedure | 75 |
| Homicide | 65 |
| Offences | 60 |
| Murder | 50 |
16. Subjects
- Criminal Procedure and Sentencing