Roslan bin Abdul Rahman v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Karthigesu JA
• Judgment Date: 01 February 1999
• Neutral Citation: [1999] SGCA 10
• Date: 01 February 1999
• Subject Matter: ss 394 & 397 Penal Code (Cap 224),Criminal Procedure and Sentencing,Whether offender's previous drug related antecedents should be taken into account in sentencing,Sentencing,Previous acquittals or convictions,Robbery causing death
• Docket Number: Criminal Appeal No 20 of 1998
• Published date: 19 September 2003
• Defendant Counsel: (Deputy Public Prosecutor)
• Court: Court of Appeal (Singapore)
• Plaintiff Counsel: Appellant in person Anandan Bala

Judgment:

KARTHIGESU JA

(delivering the grounds of judgment of the court): The appellant was sentenced to imprisonment for a term of 18 years and caning with 24 strokes for the offence of robbery punishable under s 394 read with s 397 of the Penal Code (Cap 224) by Choo Han Teck JC. He appealed against the sentence. We reduced the term of imprisonment to 12 years and confirmed the imposition of the punishment of caning with 24 strokes. We now give our reasons.

2. The facts

The appellant, Roslan bin Abdul Rahman, had an accomplice, Ali bin Abdullah. The deceased victim was one Chia Siew Hiew, a 74 year old woman. Prior to her demise, she resided alone in Blk 45 Bedok South Road [num ]10-791.

3.Sometime in June 1997, the appellant was in desperate need of cash. The accomplice suggested to the appellant that he should steal from the deceased. He informed the appellant that the deceased would water her plants outside her flat at a particular time every morning and that the appellant could sneak into her flat at that time. The appellant then observed the behaviour of the deceased and found that there was indeed such a pattern.

4.On 23 June 1997, the appellant, acting on the accomplice`s suggestion, sneaked into the deceased`s flat whilst she was watering her plants and hid in her bedroom. When the deceased returned to her bedroom, she spotted the appellant and started screaming. She tried to escape but the appellant grabbed her. The appellant then used his hands to cover her mouth and dragged her back into the room.

5.When the appellant released her, she attempted to escape from the room again. A struggle ensued and in the course of the struggle, the deceased fell and hit her face against the edge of the bed and the floor. She suffered bruises on her cheeks and forehead, as well as some fractures around the area of her right eye and her nose. She lost consciousness but was (according to the appellant) still alive.

6.The appellant took a small towel and stuffed it into her mouth to stop her from screaming when she regained consciousness. He ransacked the room and stole about $4,000 in cash, two gold rings and a gold bracelet. The appellant then wiped everything he had touched with one of his socks before leaving the flat.

7.On 24 June 1998, the adopted son of the deceased discovered her and called the police. The deceased was subsequently pronounced dead. On 25 June 1998, a post-mortem revealed the cause of death was asphyxia due to gagging.

8.On 6 July 1998, the appellant was charged as follows:

That you, Roslan bin Abdul Rahman, on 23 June 1997, at or about 6am, at Block 45, Bedok South Road [num ]10-791, Singapore, did commit robbery of the following properties:

(i) cash of $4,000,

(ii) two gold rings valued at $50 each, and

(iii) one gold bracelet valued at $150,

with a total value of $4,250, in possession of one Chia Siew Hiew, and whilst committing the said robbery, did cause grievous hurt to the said Chia Siew Hiew, to wit, by causing her to suffer fractures around the area of her right eye and on her nose, and you have thereby committed an offence punishable under s 394 read with s 397 of the Penal Code (Cap 224).

The appellant pleaded guilty to the above charge.

9. The decision...