Mohamed Yasin bin Hussin v Public Prosecutor
| Jurisdiction | UK Non-devolved |
| Judgment Date | 02 February 1976 |
| Date | 02 February 1976 |
| Docket Number | Privy Council Appeal No 17 of 1975 |
| Court | Privy Council |
[1976] SGPC 2
Privy Council
Lord Diplock
,
Lord Kilbrandon
and
Lord Edmund-Davies
Privy Council Appeal No 17 of 1975
George Newman (Coward Chance) for the appellant
Gereald Davies (Charles Russell & Co) for the respondent.
Virsa Singh v State of PunjabAIR 1958 SC 465 (refd)
Criminal Procedure Code (Cap 113, 1970 Rev Ed)ss 165, 166,168 (2)
Penal Code (Cap 103,1970 Rev Ed)ss 299, 300 (c),304A (consd)
Supreme Court of Judicature Act (Cap 15, 1970 Rev Ed)s 54
Criminal Law–Offences–Causing death by rash or negligent act–Whether act of sitting forcibly on the deceased's chest amounted to a rash act–Section 304A Penal Code (Cap 103, 1970 Rev Ed)–Criminal Law–Offences–Culpable homicide–Culpable homicide not amounting to murder–Mens Rea–Whether accused intended to cause some bodily injury to the victim as is likely to cause death–Section 299 Penal Code (Cap 103, 1970 Rev Ed)–Criminal Law–Offences–Murder–Mens Rea–Whether accused intended to cause some bodily injury to victim that is sufficient in the ordinary course of nature to cause death–Section 300 (c) Penal Code (Cap 103, 1970 Rev Ed)
The accused confessed that he and an accomplice went to the victim's hut to burgle it. When the 58-year-old, 4ft 10in-tall victim discovered their presence, the accused grabbed her, threw her to the ground and subsequently raped her. He confessed that when he finished doing so, he discovered that she was dead. The medical evidence was that the fatal injuries were consistent with, and were most likely to have been caused by someone sitting with force on the victim's chest as she was lying on the floor on her back and that such injury was sufficient in the ordinary nature to cause death.
The accused was convicted of murder under s 300 of the Penal Code (Cap 103, 1970 Rev Ed) (“the Penal Code”) at first instance. His appeal to the Court of Criminal Appeal was dismissed.
Held, allowing the appeal:
(1) Proof that the accused knew what he was doing and meant to do it is only the first step towards proving an offence under s 300 (c) of the Penal Code. Not only must the act of the accused which caused the death be voluntary in this sense; the Prosecution must also prove that the accused intended, by doing it, to cause some bodily injury to the victim of a kind which is sufficient in the ordinary course of nature to cause the death of a person of that apparent age and build: at [8] and [9].
(2) To establish that an offence has been committed under s 300 (c) or under s 299, it would not be necessary to enter into an enquiry whether the accused intended to cause the precise injuries which in fact resulted or had sufficient knowledge of anatomy to know the internal injury which might result. The Prosecution had to prove that the accused intended to inflict some internal as distinct from merely superficial, injuries or temporary pain: at [11] and [12].
(3) An intention on the part of the accused to inflict such bodily injury as is likely to cause death is a necessary ingredient of an offence under the relevant part of s 299: at [13].
(4) There was no evidence that the accused intended to inflict such bodily injury of a kind which is sufficient in the ordinary course of nature to cause death or which is likely to cause death when he sat forcibly on the victim's chest. However such an act amounted to a “rash” act within the meaning of s...
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