Tan Freddy v PP

• Judgment Date: 13 June 1969
• Date: 13 June 1969
• Docket Number: Criminal Appeal No Y9 of 1968
• Court: Federal Court (Singapore)

Tan Freddy

Plaintiff

and

Public Prosecutor

Defendant

[1969] SGFC 11

Wee Chong Jin CJ

,

Tan Ah Tah FJ

and

F A Chua J

Criminal Appeal No Y9 of 1968

Federal Court

Criminal Procedure and Sentencing–Trial–Jury–Reduction of crime from murder and conviction on culpable homicide not amounting to murder–Jury not specifically asked whether verdict based on diminished responsibility or some other defence–Section 304 Penal Code (Cap 119, 1955 Rev Ed)

The appellant Tan was convicted of culpable homicide not amounting to murder and was sentenced to life imprisonment. At the trial, the judge's summing up clearly indicated that the main and indeed the only defence relied on in the closing stages of the trial was diminished responsibility. The jury by a majority found Tan guilty of culpable homicide not amounting to murder. However they were not asked whether their decision to reduce the crime to culpable homicide not amounting to murder was based on diminished responsibility or some other ground raised by the defence. On appeal Tan argued that the judge should have applied the second limb of s 304 of the Penal Code (Cap 119, 1955 Rev Ed) which imposed a maximum punishment of ten years' imprisonment or fine or both.

Held, dismissing the appeal:

On the evidence, there was no doubt that the jury reduced the crime of murder to culpable homicide not amounting to murder on the ground of diminished responsibility. As such, the appeal against sentence was dismissed: at [8].

[Observation: In cases where, on a charge of murder, a defence of diminished responsibility and some other defence such as grave and sudden provocation were raised, if the jury returned a verdict of culpable homicide not amounting to murder, the judge, to enable him to assess the sentence to impose, could and should generally then ask whether their verdict was based on diminished responsibility or on the other ground or both: at [9].]

Penal Code (Cap 119, 1955 Rev Ed) s 304 (consd)

S K Lee (S K Lee & Co) for the appellant

Francis T Seow (Solicitor-General) and K S Rajah (Deputy Public Prosecutor) for the respondent.

F A Chua J

(delivering the judgment of the court):

1 This is an appeal against sentence by the appellant who was convicted by the High Court of culpable homicide not amounting to murder and sentenced to life imprisonment. The court at the close of the argument dismissed the appeal. We now proceed to give our reasons for dismissing the appeal.

2 On...