In Singapore, the legal term “manslaughter” is not commonly used. Instead, the law refers to such incidents as “culpable homicide not amounting to murder.”
Understanding the nuances of this legal term is vital for comprehending how the Singaporean legal system differentiates between varying degrees of unlawful killings.
This article will delve into five critical facts about manslaughter in Singapore or culpable homicide not amounting to murder, shedding light on its legal framework, criteria, penalties, defences, and exceptions.
1. Manslaughter As Defined By Law
Culpable homicide not amounting to murder is defined under Section 299 of Singapore’s Penal Code.
This legal framework describes situations where an individual causes death by performing an act with the intention of causing death or with the knowledge that the act is likely to cause death but without the intention to cause death, as defined under Section 300, which covers murder.
For instance, an individual may commit culpable homicide if they engage in a rash or negligent act that results in death but lacks the premeditated intent associated with murder charges.
2. Legal Criteria And Elements Of Culpable Homicide
To prove culpable homicide not amounting to murder, certain legal criteria must be met:
- Intention to Cause Death: The perpetrator must have intended to cause death or bodily injury that is likely to result in death.
- Knowledge of Likelihood: The individual must know that their actions can result in death. In contrast, a Singapore murder charge under Section 300 requires proof of intention to cause death or cause such bodily injury that is sufficient in the ordinary course to result in death. This distinction is crucial in determining the severity of the charge and subsequent penalties.
3. Culpable Homicide Not Amounting To Murder Penalties
The penalties for those guilty of culpable homicide not amounting to murder vary based on the specific circumstances of the case laid in Section 304. Generally, the punishment can range from life imprisonment to a fixed term of imprisonment, which may extend up to 20 years.
In some cases, the Court may also impose a fine or caning. Factors such as the intent behind the act, whether it was a rash act or a negligent act causing death, and the presence of any mitigating circumstances influence the severity of the sentence.
Unlike murder, which can carry the mandatory death penalty, culpable homicide not amounting to murder does not attract such severe penalties.
4. Exceptions That Can Reduce A Murder Case To Culpable Homicide
Certain exceptions in Singapore’s criminal law can reduce a murder charge to culpable homicide. The accused can use these legal defences or mitigating factors to diminish responsibility or sentencing:
Grave And Sudden Provocation
If, due to severe and sudden provocation, the offender loses self-control and accidentally causes the death of the provoked person or another by mistake.
- Example: A husband comes home to find his spouse in a compromising situation with another person. Overcome by sudden and intense rage, he attacks and kills the spouse’s lover. Here, the husband’s actions, though severe, were provoked by a grave and sudden circumstance, potentially reducing the charge to culpable homicide.
Exceeding The Right Of Private Defence
If the offender, while exercising the right of private defence of person or property, exceeds the power given by law and causes death without premeditation and without the intention of doing more harm than necessary, the act is considered culpable homicide.
- Example: An individual is attacked by a thief and, in the heat of the moment, uses excessive force in self-defence, resulting in the thief’s death. Although the individual acted to protect themselves, the excessive force used can reduce the charge to culpable homicide.
Public Servant Acting In Good Faith
A public servant exceeds their lawful powers and causes death while acting in good faith for the advancement of public justice may not have committed murder.
- Example: A police officer, while attempting to control a violent crowd, uses more force than necessary, leading to the death of a bystander. If the officer believed in good faith that their actions were necessary to maintain order, this could reduce the charge to culpable homicide.
Sudden Fight
If someone unintentionally causes a death during a sudden fight, without planning it beforehand and without taking unfair advantage or behaving cruelly, it is considered culpable homicide.
- Example: Two individuals get into a heated argument at a bar, which escalates into a physical altercation. During the fight, one individual strikes a fatal blow. Since the fight was sudden and without premeditation, the charge can be reduced to culpable homicide.
Consent
Culpable homicide is not murder if the person whose death is caused, being above 18 years of age, consents to the risk of death.
- Example: Two adults agree to participate in a dangerous stunt, fully aware of the risks involved. One of them dies as a result of the stunt. Since the deceased consented to the risk, the surviving individual may face a charge of culpable homicide instead of murder.
Conclusion About Manslaughter In Singapore
Culpable homicide, not amounting to murder or manslaughter, is an offence punishable by law. This legal concept addresses situations where an individual causes death through a rash or negligent act without the premeditated intent required for a murder charge.
For those facing charges of culpable homicide, seeking expert legal advice is essential. Tembusu Law‘s criminal lawyers in Singapore have extensive experience handling such cases and provide robust defence strategies and legal counsel.
Our expertise in criminal law can help clients navigate the complexities of such serious charges.
Frequently Asked Questions About Manslaughter In Singapore
What Should Someone Do If They Are Charged With Culpable Homicide?
Seek expert legal advice immediately. Tembusu Law’s criminal lawyers have extensive experience in handling such cases and can provide robust defence strategies and legal counsel.
Can The Charge Of Culpable Homicide Be Upgraded To Murder?
Yes, if new evidence shows premeditated intent or other aggravating factors, a charge of culpable homicide not amounting to murder can be upgraded to murder.
Are There Specific Provisions For Women Who Commit Culpable Homicide Under Certain Conditions?
Yes, if a woman causes the death of her child below 12 months of age while her mind is disturbed due to the effects of childbirth or lactation, this may be considered as culpable homicide not amounting to murder under certain conditions.
Can The Penalties For Culpable Homicide Be Reduced?
Yes. Mitigating factors such as lack of premeditation, sudden provocation, and diminished responsibility due to psychiatric illness can reduce the severity of the penalties for culpable homicide not amounting to murder.
How Is Culpable Homicide Different From A Rash Or Negligent Act Causing Death?
Culpable homicide involves an intent to cause death or knowledge that the act is likely to cause death, while a rash or negligent act causing death does not require such intent or knowledge but still results in death due to carelessness.
