[2023] SGHC 146: Public Prosecutor versus Zin Mar Nwe
The case [2023] SGHC 146 involves the Public Prosecutor versus Zin Mar Nwe, who was accused of murdering her employer’s 70-year-old mother-in-law in Singapore on June 25, 2018. Zin Mar Nwe, a 17-year-old domestic worker, was charged with murder under section 300(c) of the Penal Code for inflicting multiple stab wounds, leading to the victim’s death.
Key Points:
1. The Charge: Zin Mar Nwe was accused of murder for stabbing the victim 26 times, resulting in the victim’s death from multiple stab wounds.
2. Defence of Diminished Responsibility: Zin Mar Nwe’s defence was based on diminished responsibility, arguing that she suffered from an abnormality of mind (adjustment disorder with mixed anxiety and depressed mood) at the time of the offence. This defence is under Exception 7 to section 300 of the Penal Code, which reduces the charge from murder to culpable homicide if proven.
3. Medical Evidence:
- Defence’s Evidence: Dr. Tommy Tan diagnosed Zin Mar Nwe with adjustment disorder, stating she was in a dissociative state during the stabbing, unable to control her actions or remember the event.
- Prosecution’s Evidence: Dr. Alias Lijo argued that Zin Mar Nwe did not suffer from any mental illness at the time, particularly not adjustment disorder, and her reactions were normal for her circumstances.
4. Review of Evidence: The court reviewed the diagnostic criteria for adjustment disorder and the evidence provided by both psychiatrists. The prosecution disputed Dr. Tan’s diagnosis, and the court found inconsistencies in Zin Mar Nwe’s accounts of the event.
5. Findings:
- The court did not accept Zin Mar Nwe’s claim of being in a dissociative state.
- It was found that Zin Mar Nwe acted out of anger and was aware of her actions during the stabbing.
- The court preferred Dr. Lijo’s opinion, concluding that Zin Mar Nwe’s symptoms were normal reactions to her situation and did not amount to a mental illness.
6. Conclusion: The court rejected the defence of diminished responsibility and found Zin Mar Nwe guilty of murder. The decision on sentencing was reserved for a later date.
Outcome:
Zin Mar Nwe was convicted of murder as charged, with the court dismissing the defence of diminished responsibility due to lack of sufficient evidence proving an abnormality of mind that substantially impaired her mental responsibility during the offence.
