[2023] SGHC 155: Public Prosecutor v Muhammad Salihin bin Ismail
Summary of [2023] SGHC 155: Public Prosecutor v Muhammad Salihin bin Ismail
Introduction
- Muhammad Salihin bin Ismail, the accused, was charged with the murder of Nursabrina Augustiani Abdullah, his stepdaughter, under Section 300(c) of the Penal Code. The court acquitted him of murder but convicted him of voluntarily causing grievous hurt under Section 325 of the Penal Code. He was sentenced to nine years’ imprisonment and 12 strokes of the cane. Both the Prosecution and Defence appealed the decision.
The Charge
- The murder charge stemmed from incidents on 1 September 2018, where the accused allegedly punched and kicked the victim’s abdomen, leading to intra-abdominal bleeding and her death on 2 September 2018.
Background Facts
- The victim lived with the accused, her mother (“M”), and her twin brothers in a rental flat. On 1 September 2018, while M was at work, the accused was alone with the children.
Events Leading to the Murder Charge
- The accused became angry at the victim for urinating on the floor and allegedly applied force to her abdomen with his knuckles during incidents at 10:00 am and 3:00 pm. The nature of the force (punches vs. nudges) was disputed.
- Later that day, the victim complained of stomach pain, vomited, and eventually became unconscious. She was pronounced dead on 2 September 2018.
Autopsy and Cause of Death
- The autopsy revealed that the victim died due to intra-abdominal hemorrhage caused by blunt force trauma. The injuries included disruption of the greater omentum and severe bruising of the jejunum and other abdominal areas.
Parties’ Cases
- The Prosecution argued that the injuries were intentionally inflicted by the accused and were sufficient to cause death.
- The Defence contended that the accused only nudged the victim and other factors, like the twins bouncing on her abdomen, vomiting, and erroneous CPR, contributed to the injuries.
Issues for Determination
1. Whether the force applied by the accused consisted of fist blows or nudges.
2. Identification of the “bodily injury” for the purposes of the Virsa Singh test when multiple causes contributed to the fatal injury.
3. Whether the injuries were inflicted with the requisite mens rea.
4. Whether the injuries were sufficient in the ordinary course of nature to cause death.
Court’s Analysis and Conclusion
- The court found the accused’s account of using nudges rather than punches credible.
- It was determined that the fatal injury resulted from multiple causes, requiring the identification of the specific injury inflicted by the accused.
- The court accepted the Defence’s position that the injuries from other causes were significant, raising a reasonable doubt about the accused causing the entirety of the injuries.
- The court ultimately acquitted the accused of murder and convicted him of voluntarily causing grievous hurt, considering the complexity of causation and the presence of multiple contributory factors.
This summary highlights the key points and legal considerations in the case of Public Prosecutor v Muhammad Salihin bin Ismail.
