SINGAPORE: A maid who was serving a life sentence for murder had her jail term reduced to 17 years on Tuesday (Aug 26) after a successful appeal.
Zin Mar Nwe, who was 17 at the time of the killing in 2018, earlier had her murder conviction reduced to one of culpable homicide not amounting to murder.
In May this year, the Court of Appeal had allowed her partial defence on the grounds of grave and sudden provocation.
The maid, who is from Myanmar, stabbed her employer's 70-year-old mother-in-law in 2018 after the elderly woman threatened to send her back to her agent. This came after the mother-in-law had scolded, hit and hurt Zin Mar Nwe.
The victim was watching television when Zin Mar Nwe stabbed her 26 times until she stopped moving.
The maid then retrieved her belongings, washed the knife and changed before fleeing. She was arrested at her employment agency.
There is a gag order on disclosing
Now aged 24, Zin Mar Nwe was initially found guilty of murder in 2023
The trial judge found that the stabbing happened after a period on Jun 25, 2018 when the victim had "scolded, hit and hurt" Zin Mar Nwe and said she would be sent back to her agent.
In May this year, a three-judge appeal panel of Chief Justice Sundaresh Menon and Justices Tay Yong Kwang and See Kee Oon allowed Zin Mar Nwe's appeal against the murder conviction.
Grave and sudden provocation is one of the exceptions under which culpable homicide does not amount to murder.
The appeal court judges granted this partial defence, ruling that "a reasonable person situated as the accused person was could reasonably have been similarly provoked".
The judges noted Zin Mar Nwe's youth, the challenges she faced being in debt to her employment agent and her fear of being repatriated.
The maid arrived in Singapore on Jan 5, 2018. While her passport stated her age as 23, investigations later revealed she was 17.
After working for two other employers, she started working for the victim's family on May 10, 2018.
Zin Mar Nwe's appeal was fought by Mr Josephus Tan and Mr Cory Wong of Invictus Law under the Criminal Legal Aid Scheme.
The lawyers asked for her sentence to be reduced to not more than 16 to 18 years' imprisonment.
Deputy Public Prosecutors Kumaresan Gohulabalan and Sean Teh sought 18 to 20 years' jail.
They argued the jail term should send a "robust signal" to "domestic helpers who resort to heinous violence against their employer or their families, rather than seek help from proper and legitimate channels".
For culpable homicide not amounting to murder, Zin Mar Nwe could have been sentenced to life imprisonment or up to 20 years in prison with a fine. As she is a woman, she cannot be caned.
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Zin Mar Nwe, who was 17 at the time of the killing in 2018, earlier had her murder conviction reduced to one of culpable homicide not amounting to murder.
In May this year, the Court of Appeal had allowed her partial defence on the grounds of grave and sudden provocation.
The maid, who is from Myanmar, stabbed her employer's 70-year-old mother-in-law in 2018 after the elderly woman threatened to send her back to her agent. This came after the mother-in-law had scolded, hit and hurt Zin Mar Nwe.
The victim was watching television when Zin Mar Nwe stabbed her 26 times until she stopped moving.
The maid then retrieved her belongings, washed the knife and changed before fleeing. She was arrested at her employment agency.
There is a gag order on disclosing
Now aged 24, Zin Mar Nwe was initially found guilty of murder in 2023
The trial judge found that the stabbing happened after a period on Jun 25, 2018 when the victim had "scolded, hit and hurt" Zin Mar Nwe and said she would be sent back to her agent.
In May this year, a three-judge appeal panel of Chief Justice Sundaresh Menon and Justices Tay Yong Kwang and See Kee Oon allowed Zin Mar Nwe's appeal against the murder conviction.
Grave and sudden provocation is one of the exceptions under which culpable homicide does not amount to murder.
Related:
The appeal court judges granted this partial defence, ruling that "a reasonable person situated as the accused person was could reasonably have been similarly provoked".
The judges noted Zin Mar Nwe's youth, the challenges she faced being in debt to her employment agent and her fear of being repatriated.
The maid arrived in Singapore on Jan 5, 2018. While her passport stated her age as 23, investigations later revealed she was 17.
After working for two other employers, she started working for the victim's family on May 10, 2018.
Zin Mar Nwe's appeal was fought by Mr Josephus Tan and Mr Cory Wong of Invictus Law under the Criminal Legal Aid Scheme.
The lawyers asked for her sentence to be reduced to not more than 16 to 18 years' imprisonment.
Deputy Public Prosecutors Kumaresan Gohulabalan and Sean Teh sought 18 to 20 years' jail.
They argued the jail term should send a "robust signal" to "domestic helpers who resort to heinous violence against their employer or their families, rather than seek help from proper and legitimate channels".
For culpable homicide not amounting to murder, Zin Mar Nwe could have been sentenced to life imprisonment or up to 20 years in prison with a fine. As she is a woman, she cannot be caned.
Related:
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