The murder charge against a teenager accused of killing a classmate at River Valley High School (RVHS) in 2021 was reduced to culpable homicide not amounting to murder on Friday.
According to Singapore Legal Advice, under section 299 of the Penal Code, there are 3 ways through which a person may be found guilty of culpable homicide not amounting to murder.
These are if the person had committed an act with the:
- Intention to cause death;
- Intention to cause bodily injury as is likely to cause death; or
- Knowledge that he/she is likely to cause death.
Reducing a murder charge to a charge of culpable homicide not amounting to murder.
As stated previously, an accused person initially charged with murder may have his/her charge reduced to culpable homicide not amounting to murder if it cannot be proven that his/her acts fall within the 4 situations for murder mentioned above.
Alternatively, an accused person initially charged with murder may have his/her charge reduced to culpable homicide not amounting to murder, if exceptions to murder are made out in the accused’s defence.
For example, if the accused person had done an act with the intention to cause death, such an act could fall under both murder and culpable homicide not amounting to murder.
If that accused person had then been initially charged with murder, he/she may be able to have the murder charge reduced to culpable homicide not amounting to murder if he/she manages to prove an exception to murder in his/her defence.
UPDATE ON CASE
According to CNA, on Feb 24, the accused returned to court via video-link from his place of remand. His head was shaven and he wore a mask and white shirt.
Lawyer Joyce Khoo of Quahe Woo & Palmer reminded the court of the gag order in place, which forbids publication of the accused’s identity, photo or anything likely to lead to his identification.
According to past court hearings, the teen was previously seen as a patient at the Institute of Mental Health, CNA reported.
When the accused teenager, then 14 years old, attempted suicide in 2019, the police responded to the scene, CNA added.
If convicted of committing culpable homicide not amounting to murder, he can be sentenced to life imprisonment with caning, or imprisonment for up to 20 years and a fine or caning.
A murder charge carries the death penalty.
However, according to Section 314 of the Criminal Procedure Code, a sentence of death cannot be passed or recorded against an accused person who was below 18 at the time of the offence.
According to the court records, between the hours of 11.16 and 11.44 on July 19, 2021, the teen repeatedly slashed the 13-year-old boy’s neck, head, and body inside an RVHS toilet.
The case has been adjourned to April 6.
In January, the Singapore Prison Service said that the teen took his O-level exams in jail as a private candidate.
They said that he was “given access to study materials for self-study and invigilators were deployed for him to take his exams in prison”.
The boy was arrested on 19 July 2021 after the murder of the 13-year-old boy, and was charged in court on 20 July the next day, and has been in remand ever since.
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