DIFFERENCE IN THE PENALTIES
In practical terms, the main difference between murder and culpable homicide not amounting to murder is the different punishments, said Mr Yeo.
Murder under Section 300 of the Penal Code carries the mandatory death penalty or life imprisonment, depending on what it falls under.
However, culpable homicide not amounting to murder carries a punishment of life imprisonment or a jail term of up to 20 years and caning.
A person under 18 at the time of a murder offence cannot be sentenced to death. So if they are sentenced for murder, they would be given life imprisonment and be liable for caning, said Mr Naidu.
“While the maximum punishment for culpable homicide is also life imprisonment, the court has the sentencing power to impose a sentence not exceeding 20 years and caning,” he explained.
“Therefore, practically speaking, a reduction in charge would enable the young person to submit for a term of imprisonment which is lower than life imprisonment, because of the wider sentencing range prescribed for culpable homicide.”
OTHER NUANCES
Mr Chooi said that another implication is that the Criminal Procedure Code does not allow an accused person to plead guilty to an offence that carries a death sentence.
“So technically, nobody can plead guilty to an offence of murder. But one can plead guilty to an offence of culpable homicide not amounting to murder, since the maximum punishment is … life imprisonment,” he said.
“This may also be another consideration in terms of saving resources on both sides,” he added, referring to the prosecution and the defence.
An accused person facing either charge is generally not granted bail, as bail is not allowed under the Criminal Procedure Code as long as a person faces an offence punishable with death or life imprisonment.
“So this would apply to both murder as well as culpable homicide not amounting to murder, except for culpable homicide not amounting to murder punishable under Section 304(a)(ii) or Section 304(b),” said Mr Chooi.
“Nevertheless the severity of these offences still means that such offenders are almost always in remand pending trial.”
Section 304(a)(ii) states a possible penalty for culpable homicide not amounting to murder is imprisonment for up to 20 years and a fine or caning.
Section 304(b) refers to culpable homicide not amounting to murder, where the act is done with the knowledge that it is likely to cause death, but without any intention to cause death or an injury likely to cause death.
The penalty under this section is a jail term of up to 15 years, a fine, caning, or any combination of these punishments.
WHY MIGHT A MURDER CHARGE GET REDUCED?
There are a variety of reasons why the prosecution might choose to reduce a murder charge to culpable homicide not amounting to murder.
“The most common reason is due to the accused suffering from some type of psychiatric illness or disorder at the material time. This is what appears to have happened in both the River Valley case and in (the Greenridge Crescent) case,” said Mr Yeo.
“They may also reduce the charge if they do not intend to ask the court to impose the death penalty against the accused, as that is the main difference between the two offences.”
Mr Chooi said the prosecution might choose to do so if it considers that the offender has a partial defence entitling him to be sentenced for culpable homicide not amounting to murder, rather than for the offence of murder.