3-4-2024 (SINGAPORE) Muhammad Salihin Ismail, aged 31, received a life sentence for the murder of his four-year-old stepdaughter on April 2, following the Court of Appeal’s decision to overturn his conviction on a lesser charge.
The apex court also imposed 12 strokes of the cane on Ismail.
The tragic incident unfolded in 2018 when Ismail caused fatal abdominal injuries to the young girl, Nursabrina Agustiani Abdullah, at their rented residence in Bukit Batok between September 1 and September 2.
Known affectionately as Sabrina within the family, the girl was rushed to the hospital on the morning of September 2 but was pronounced dead around 10:15 am.
Under Section 300(c) of the Penal Code, murder is established when an offender intends to inflict bodily harm that is likely to cause death.
In 2022, a High Court judge acquitted Ismail of murder, ruling that while he had intentionally kicked the victim, there was no specific intent to target the fatal area of her body. He was then sentenced to nine years’ imprisonment for causing grievous hurt.
On April 2, prosecutors challenged the High Court’s decision, pushing for Ismail’s conviction for murder.
Deputy Public Prosecutor Senthilkumaran Sabapathy contended that Ismail’s intent to strike a particular part of the victim’s abdomen was irrelevant. The prosecution stressed that Ismail had acknowledged the intentional and forceful nature of his actions.
The Court of Appeal, consisting of Chief Justice Sundaresh Menon and Justices Tay Yong Kwang and Debbie Ong, upheld the prosecution’s appeal.
Chief Justice Menon pointed out that the lower court had misinterpreted the law, clarifying that the prosecution need not prove the accused’s intent to cause the medical consequences of their actions. He highlighted evidence suggesting Ismail’s clear intention to inflict harm on the child.
The Court of Appeal will release detailed grounds for its decision at a later stage.
Ismail had married Sabrina’s mother in 2016 when the girl was two years old. The couple also shared twin boys.
The fatal incident occurred on September 1, 2018, during two episodes of Ismail’s anger towards Sabrina for urinating on the floor while her mother was at work.
In the first instance, Ismail struck the girl’s abdomen while she was seated on the toilet bowl. Later that afternoon, he pushed her and kicked her abdomen twice as she lay on the floor.
Following the assaults, Sabrina complained of stomach pain and vomiting, which persisted throughout the night. Despite suspecting that his actions had caused her condition, Ismail did not disclose the assault to his wife or seek medical assistance until Sabrina lost consciousness the next morning.
An autopsy revealed that Sabrina’s death resulted from internal bleeding in the abdomen due to blunt force trauma.
In his defence, Ismail suggested alternative causes for the fatal injuries, including the possibility of injury from vomiting or from performing cardiopulmonary resuscitation.
