Rizal bin Abdul Razak v Public Prosecutor: Rape and Abetment of Rape

Rizal bin Abdul Razak appealed to the High Court of Singapore against the decision of the district court, which found him guilty of three charges of rape and one charge of abetment of rape against Marzalina Bte Mohammad Ali. The High Court, presided over by Chief Justice Yong Pung How, dismissed the appeal, upholding the conviction based on the victim's identification and corroborating evidence.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Rizal bin Abdul Razak appeals against his conviction for rape and abetment of rape. The High Court dismissed the appeal, upholding the conviction.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyConviction UpheldWon
Tai Wei Shyong of Deputy Public Prosecutors
Jennifer Marie of Deputy Public Prosecutors
Rizal bin Abdul RazakAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes

4. Counsels

Counsel NameOrganization
Tai Wei ShyongDeputy Public Prosecutors
Jennifer MarieDeputy Public Prosecutors
Selva K NaiduNaidu Mohan & Theseira

4. Facts

  1. The victim accompanied her friend to the ex-boyfriend's flat.
  2. The victim consumed alcohol and became intoxicated.
  3. The victim was raped by the appellant and another individual.
  4. The victim identified the appellant as one of the perpetrators.
  5. An accomplice testified that he witnessed the appellant raping the victim.
  6. The victim lodged a police report one week after the incident.

5. Formal Citations

  1. Rizal bin Abdul Razak v Public Prosecutor, MA 52/2000, [2000] SGHC 148

6. Timeline

DateEvent
Victim accompanied friend to Bukit Batok.
Rape occurred.
Police report lodged.
Police investigated the flat.
District judge found the appellant guilty.
High Court dismissed the appeal.

7. Legal Issues

  1. Identification of the Accused
    • Outcome: The court found that the victim correctly identified the appellant despite being intoxicated and the poor lighting conditions.
    • Category: Substantive
    • Sub-Issues:
      • Reliability of eyewitness testimony
      • Impact of intoxication on identification
  2. Corroboration of Evidence
    • Outcome: The court found that the accomplice's testimony was credible and corroborated the victim's account.
    • Category: Procedural
    • Sub-Issues:
      • Sufficiency of accomplice testimony
      • Impeachment of witness credibility
  3. Abetment of Rape
    • Outcome: The court found that the appellant actively suggested that the accomplice commit rape, thus establishing abetment.
    • Category: Substantive
    • Related Cases:
      • MA 120 of 1999

8. Remedies Sought

  1. Appeal against conviction

9. Cause of Actions

  • Rape
  • Abetment of Rape

10. Practice Areas

  • Criminal Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tang Kin Seng v Public ProsecutorHigh CourtYes[1997] 1 SLR 46SingaporeCited regarding the value of a witness's prior statement as evidence of consistency.
Chai Chien Wei Kelvin v Public ProsecutorHigh CourtYes[1999] 1 SLR 25SingaporeCited regarding the treatment of accomplice evidence.
Jimina Jacee d/o AthananasiusHigh CourtYesMA 120 of 1999SingaporeCited regarding the elements of abetment by instigation.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 376(1) of the Penal Code, Chapter 224Singapore
Evidence Act (Cap 97)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Rape
  • Abetment
  • Identification
  • Corroboration
  • Accomplice
  • Intoxication

15.2 Keywords

  • Rape
  • Abetment
  • Criminal Law
  • Singapore
  • Appeal

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Sexual Offences90
Sexual assault by penetration80
Penal Code80
Abetment70
Criminal Procedure60
Criminal Revision50
Appeal40
Bail30
Defective consent of Public Prosecutor30
Curative powers of court30
Consent of Public Prosecutor30
Public Prosecutor30

16. Subjects

  • Criminal Law
  • Sexual Offences