Zin Mar Nwe v PUBLIC PROSECUTOR

[2025] SGCA 44 Court of Appeal 18 September 2025 • CA/CCA 10/2023 • 51 min read

12 cases cited (10 SG, 2 foreign)

Catchwords

Criminal Law — Offences — Murder Criminal Law — Defences — Diminished responsibility Criminal Law — Defences — Grave and sudden provocation Criminal Procedure and Sentencing — Sentencing — Appeals Criminal Law — Offences — Culpable homicide not amounting to murder

Practice Areas

Criminal Law Criminal Procedure and Sentencing

Judges (3)

See Kee Oon Delivered Sundaresh Menon Coram Tay Yong Kwang Coram

Counsel (7)

Attorney-General's Chambers Firm Invictus Law Corporation Firm Brian Tan Counsel Respondent Cory Wong Guo Yean Counsel Appellant Josephus Tan Joon Liang Counsel Appellant Kumaresan Gohulabalan Counsel Respondent Sean Teh Counsel Respondent

Parties (2)

Public Prosecutor Respondent Zin Mar Nwe Appellant

Case Significance

[2025] SGCA 44 is a Court of Appeal decision dated 18 September 2025 concerning Criminal Law and Criminal Procedure and Sentencing, specifically addressing offences, defences, and sentencing. The judgment was delivered by See Kee Oon, with Sundaresh Menon and Tay Yong Kwang on the coram. The case was brought by Zin Mar Nwe (appellant) against Public Prosecutor (respondent). Legal representation was provided by Invictus Law Corporation and Attorney-General's Chambers. The judgment cites 12 cases (10 Singapore, 2 foreign) and references 1 statutory provision, namely the Penal Code.

Summary

Zin Mar Nwe, a 17-year-old Myanmar domestic worker, appealed against her conviction for murdering her employer's mother-in-law by stabbing. She relied on the defence of diminished responsibility at trial, but on appeal also raised the partial defence of grave and sudden provocation under Exception 1 to s 300 of the Penal Code. The Court of Appeal allowed the appeal, substituting the murder conviction with culpable homicide not amounting to murder and reducing her sentence from life imprisonment to 17 years' imprisonment, backdated to her arrest.

What was decided in [2025] SGCA 44?

[2025] SGCA 44 (Zin Mar Nwe v PUBLIC PROSECUTOR) is a Court of Appeal decision from 18 September 2025 addressing Criminal Law and Criminal Procedure and Sentencing, specifically offences, defences, and sentencing. The judgment was delivered by See Kee Oon.

Who were the parties in Zin Mar Nwe v PUBLIC PROSECUTOR?

The appellant in [2025] SGCA 44 was Zin Mar Nwe, and the respondent was Public Prosecutor. Legal representation included Invictus Law Corporation and Attorney-General's Chambers. The case was decided on 18 September 2025 in the Court of Appeal.

Which judge decided [2025] SGCA 44?

[2025] SGCA 44 was delivered by See Kee Oon in the Court of Appeal on 18 September 2025. Sundaresh Menon and Tay Yong Kwang also sat on the coram. The case concerned Criminal Law and Criminal Procedure and Sentencing.

What cases and statutes does [2025] SGCA 44 cite?

[2025] SGCA 44 cites 12 prior decisions, including 2 from foreign jurisdictions. It references Penal Code.

Statutes Cited

Penal Code (Cap 224)

s 300 s 300(c) s 302(2) s 304 s 304(a)

Cases Cited (12)

SG (2)

[2004] SGHC 244 [2023] SGHC 146

SLR (8)

[2007] 2 SLR(R) 983 [2011] 1 SLR 606 [2012] 4 SLR 453 [2013] 1 SLR 699 [2016] 2 SLR 893 [2017] 1 SLR 450 [2017] 1 SLR 505 [2019] 2 SLR 216

UK (2)

[1960] 2 QB 396 [1961] AC 496

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGCA 44)