Public Prosecutor v Abdul Hamed bin Yahya: Outrage of Modesty and Carnal Intercourse Offences
In Public Prosecutor v Abdul Hamed bin Yahya, the High Court of Singapore sentenced Abdul Hamed bin Yahya on September 22, 2000, after he pleaded guilty to two charges of outrage of modesty and three charges of carnal intercourse against the order of nature involving his niece. The court imposed a sentence of 15 years imprisonment and 16 strokes of the cane.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The accused was sentenced to a total of 15 years imprisonment and 16 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Abdul Hamed bin Yahya pleaded guilty to outrage of modesty and carnal intercourse charges involving his niece, resulting in a 15-year imprisonment and caning sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | David Khoo |
| Abdul Hamed bin Yahya | Defendant | Individual | Guilty Plea | Lost | Yahya Syed, Asiah Zam Zam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Khoo | Attorney-General's Chambers |
| Yahya Syed | John Tay Syed & Partners |
| Asiah Zam Zam | John Tay Syed & Partners |
4. Facts
- The accused pleaded guilty to two charges of outrage of modesty against his niece.
- The accused pleaded guilty to three charges of carnal intercourse against the order of nature with his niece.
- The victim was 10 years old when the first abuse took place.
- The offences occurred between May 1997 and November 1999.
- The accused showed the victim obscene video tapes on three occasions when he molested her.
- The victim's step-sister lodged a police report after the accused's wife informed her mother about the incident.
5. Formal Citations
- Public Prosecutor v Abdul Hamed bin Yahya, CC 60/2000, [2000] SGHC 193
6. Timeline
| Date | Event |
|---|---|
| Outrage of modesty committed against the victim. | |
| Outrage of modesty committed against the victim. | |
| Carnal intercourse against the order of nature committed against the victim. | |
| Carnal intercourse against the order of nature committed against the victim. | |
| Outrage of modesty committed against the victim. | |
| Carnal intercourse against the order of nature committed against the victim. | |
| Outrage of modesty committed against the victim. | |
| Police report lodged against the accused. | |
| Accused arrested. | |
| Judgment issued. |
7. Legal Issues
- Outrage of Modesty
- Outcome: The accused was found guilty of outrage of modesty.
- Category: Substantive
- Carnal Intercourse Against the Order of Nature
- Outcome: The accused was found guilty of carnal intercourse against the order of nature.
- Category: Substantive
- Sentencing
- Outcome: The court determined the appropriate sentence, considering factors such as the victim's age and the accused's position of trust.
- Category: Procedural
- Related Cases:
- [1992] 1 SLR 361
- [1991] 1 MLJ 321
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Outrage of Modesty
- Carnal Intercourse Against the Order of Nature
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chia Kim Heng Frederick v PP | High Court | Yes | [1992] 1 SLR 361 | Singapore | Cited for factors to consider in sentencing for sexual offences, including the victim's age and the accused's position of trust. |
| Wong Kai Chuen Philip v PP | N/A | Yes | [1991] 1 MLJ 321 | Malaysia | Cited regarding the weight given to a guilty plea when the accused has no means of escape. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 354 of the Penal Code | Singapore |
| Section 377 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Outrage of modesty
- Carnal intercourse
- Fellatio
- Sexual abuse
- Sentencing
- Guilty plea
15.2 Keywords
- Outrage of Modesty
- Carnal Intercourse
- Singapore
- Criminal Law
- Sexual Offences
16. Subjects
- Criminal Law
- Sexual Offences
- Sentencing
17. Areas of Law
- Criminal Law
- Sexual Offences