Public Prosecutor v Jamal anak Nyalau and Others

• Jurisdiction: Singapore
• Judge: MPH Rubin J
• Judgment Date: 19 April 2002
• Neutral Citation: [2002] SGHC 78
• Citation: [2002] SGHC 78
• Date: 19 April 2002
• Published date: 19 September 2003
• Plaintiff Counsel: Daniel Yong and Hwong Meng Jet (Deputy Public Prosecutors)
• Docket Number: Criminal Case No 22 of 2002
• Defendant Counsel: A Rajandran (A Rajandran Joseph & Nair) (assigned),Jamal anak Nyalau, first accused, in person,Cheah Kok Lim (Ang & Partners) (assigned)
• Court: High Court (Singapore)
• Year: 2002

Judgment

GROUNDS OF DECISION

1 Three accused persons, Jamal Anak Nyalau, the first accused born on 26 February 1982, Jawi Anak Bukok, the second accused born on 8 October 1980 and Jeffery Anak Randi, the third accused born on 19 February 1975, all Malaysians and working in Singapore on work permits, were jointly charged and tried before me on the charge that they

on the 7^th day of July 2001, between 3.00 a.m. and 4.00 a.m., at the back lane between Lorong 22 Geylang and Lorong 24 Geylang, Singapore, in furtherance of the common intention of all, did commit culpable homicide not amounting to murder by causing the death of one Thet Lwin, male/36 years old, to wit, by punching his head region and kicking his body, which act was done with the knowledge that it was likely to cause death to the said Thet Lwin, an offence under section 304(b) of the Penal Code, Chapter 224 read with section 34 of the Penal Code.

2 The punishment for this offence is a term of imprisonment which may extend to ten years or with fine or both. The first accused was unrepresented while the other two were represented by counsel assigned by the Criminal Legal Aid Scheme of The Law Society of Singapore.

3 The facts presented by the prosecution and admitted by all three accused persons without any qualification were as follows.

4 On 7 July 2001 at about 6.30am a passer-by, one Ponnathan Malayagu, on his way to the market, found the deceased lying motionless in the back lane between Lorong 22 and Lorong 24 Geylang, Singapore. He initially thought the deceased was asleep but when the latter did not respond to his attempts in rousing him from sleep, Ponnathan promptly called the police. The police and ambulance staff arrived at the scene at about 7.10am and the deceased was pronounced dead.

5 Dr Teo Eng Swee, Consultant Forensic Pathologist, from the Centre for Forensic Medicine, Health Sciences Authority performed an autopsy on the deceased. In his autopsy report, Dr Teo recorded numerous external injuries to the head, neck and chest regions which corresponded to the internal injuries he found to the head and neck region. Dr Teo certified the cause of death as intracranial haemorrhage.

6 Investigations revealed that the three accused persons who are known to each other, met up at about 10.00pm on 6 July 2001 in Geylang for drinks and chatted outside unit 7B Jalan Suka, Singapore. The entrance to the unit is along the back lane between Lorong 22 and Lorong 24 Geylang, where the deceased was found.

7 Sometime after 10.00pm that night, the second accused introduced the deceased to one call girl by name Juriah bte Sarimin as a potential customer. Juriah agreed to provide sexual services to the deceased and brought him to a brothel. An hour later, she returned to the backlane and saw the three accused persons seated somewhere along the backlane, in front of the entrance to unit 7B Jalan Suka. She joined them and drank some Coca Cola before returning to where she came from, whilst they left for supper.

8 At about 3.00am on the 7 July 2001, while Juriah was inside unit 7B Jalan Suka, she heard someone calling her name. She went out to check and saw...