Voluntarily Causing Grievous Hurt
Man Acquitted of Murder of 4-year-old
1. Introduction
Muhammad Salihin Bin Ismail (“Salihin”) faced a capital charge of murder under s 300(c) of the Penal Code for causing the death of a 4-year-old girl. If he had been found guilty of the charge, he would face either the death penalty or life imprisonment.
Salihin was represented by Mr Eugene Thuraisingam, Mr Suang Wijaya, Ms Syazana Yahya (prior to April 2021) and a practice trainee, Mr Ariffin Sha.
2. Background
The forensic pathologist, one Dr Gilbert Lau, found that the girl had died due to intra-abdominal haemorrhage due to blunt force trauma.
Our team fought hard during a trial that lasted more than 10-days between February and April 2021 before the Honourable Justice Pang Khang Chau. Before trial begun proper, there were preliminary issues that were determined by the Court relating to the joinder of charges, and the admission of similar fact evidence.
The key issues to be determined were whether Salihin’s actions had caused the girl’s death, and whether Salihin possessed the necessary intention required to sustain a conviction.
3. Conclusion
On 1 March 2022, the Honourable Justice Pang Khang Chau delivered his verdict. Having assessed all the evidence before him, His Honour found that Salihin did not possess the necessary intention required under s 300(c) of the Penal Code. His Honour acquitted Salihin of the murder charge and convicted him on a lesser charge under s 325 of the Penal Code for voluntary causing grievous hurt. The new charge carries a maximum sentence of 10 years’ imprisonment.
The matter has been adjourned for sentencing.
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