A Singaporean man who pleaded guilty to strangling his twin sons to death in a canal beside a playground at Greenridge Crescent was sentenced to 14 years' jail on Aug. 15, 2023.
Xavier Yap Jung Houn, 50, was sentenced to seven years imprisonment for each of his culpable homicide not amounting to murder charges, with both sentences to run consecutively.
He previously claimed in court that he killed his two 11-year-old twin sons, Aston Yap Kai Shern and Ethan Yap E Chern, because he believed he was “freeing” him and his sons “from mortal sufferings”.
When delivering his decision on Yap’s sentence, High Court Justice Vincent Hoong said that while the punishment “cannot in any way compensate for the tragic loss of two innocent young lives”, he hoped that Yap would reflect on the “irreversible harm” he caused to his family as a result of the “misconceived belief” that he would be “easing the suffering and pain of the victims and of those around him”.
Prosecution asked for 14 years, defence asked for 5 years
The prosecution and the defence argued extensively on Xavier’s sentence in court on Aug. 15.
Prosecutors asked for a jail term of 14 to 20 years, highlighting several aggravating factors in the case, including the vulnerability of the two victims, the abuse of the trust by their father, and Yap’s premeditation of the offence weeks before the killings.
The defence argued for a sentence of five years' imprisonment as they pointed out the “unusual circumstances” Yap was placed in and hoped for the court to consider rehabilitation instead of retribution or deterrence.
Yap claimed that his wife was having an affair and was abusing his sons.
He told the court he believed that killing his sons and himself “would end their unfair sufferings, and in part will free my wife from her burden and unleashing her freedom to pursue happiness with her newfound love”.
However, he failed to kill himself after multiple attempts on his own life.
His lawyers, Patrick Nai, Choo Si Sen and Choo Yean Lin from Tan Lee & Partners, highlighted Yap’s impaired judgment due to him suffering from Major Depressive Disorder (MDD) of moderate severity during the offences.
They also argued for the punishment for the two charges to run concurrently as the offences were committed simultaneously within the same time and at the same place.
"Serious and heinous": Judge
Vincent Hoong disagreed with the defence and explained that being diagnosed with a mental condition does not mean rehabilitation would become the key consideration for sentencing.
He highlighted that this is especially so when the offence is “serious and heinous”.
Hoong also pointed out that it was “blatantly clear” that Yap understood the nature and consequences of his actions and could plan his offences.
On his wife’s alleged affair and abuse of their children, Hoong believed it showed that Yap’s conduct was “founded on fact and not fantasy", which clearly showed he knew his actions were wrong.
Victims were "particularly vulnerable"
Hoong pointed out that the victims were particularly vulnerable and have autism spectrum disorder and global development delay.
He agreed with the prosecution that the fact that one son stood aside quietly while watching their father kill the other highlighted the “particular vulnerability” of the victims.
“Instead of caring for them, he inflicted serious and irreparable harm by causing their death,” Hoong further emphasised that violence on children by their parents should be met with the “full force of the law”.
However, while Yap’s condition did not affect his understanding that killing was wrong, Hoong recognised that a psychiatric doctor had opined that it made him feel that it was acceptable to kill his sons to “relieve stress and suffering” for his family.
They each have their right to live: Judge
After Yap was sentenced to a seven-year jail term for each offence, Hoong explained why he believed they should run consecutively.
He highlighted that while the offences were indeed committed at the same time and at the same place, they protect two individual “legally protected interests” — which is the “sanctity of life”.
He pointed out that the sons were two individuals, each with their own right to live.
Hoong believed it would be an “absurd outcome” and “morally unjust” if the law did not punish Yap adequately by letting the offences run concurrently.
He said Yap is 50 years now, and taking into account remission of the punishment would not be considered "crushing".
While Hoong was reading out his sentence, Yap nodded in agreement before looking at his 80-year-old mother in the public gallery, who was visibly upset.
Hoong allowed Yap to meet his family after the hearing for 20 minutes.
Top image via Lianhe Zaobao & Mothership