Public Prosecutor v Netto Michael George: Housebreaking, Rape, Unnatural Sex, Outraging Modesty, and Armed Robbery
In Public Prosecutor v Netto Michael George, the High Court of Singapore found Netto Michael George guilty of housebreaking, rape, unnatural sex, outraging modesty, and armed robbery against Fredelina Evangelista Manuel. The court sentenced him to 14 years imprisonment and caning. The charges stemmed from an incident on January 15, 2000, where Netto broke into Manuel's residence, committed the aforementioned offenses, and stole S$50. The court rejected Netto's defense of consensual sexual intercourse, finding the victim's testimony compelling and corroborated by evidence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty as charged
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Netto Michael George was convicted of housebreaking, rape, unnatural sex, outraging modesty, and armed robbery, sentenced to 14 years imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Guilty as charged | Won | Kan Shuk Weng |
| Netto Michael George | Defendant | Individual | Guilty as charged | Lost | S K Kumar |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Amarjeet Singh | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kan Shuk Weng | Attorney General's Chambers |
| S K Kumar | Independent Practitioner |
4. Facts
- The accused was charged with housebreaking, rape, unnatural sex, outraging modesty, and robbery.
- The victim reported the incident to a friend, Diana Yee, who then called the police.
- The victim identified the accused at an identification parade.
- DNA evidence from semen stains on the bedsheet matched the accused's blood sample.
- The accused claimed the sexual intercourse was consensual, which the court rejected.
- The court found the accused entered the house through an open bathroom window.
- The accused's defense was refuted by Colin, who denied knowing the victim or being involved in any consensual encounters.
5. Formal Citations
- Public Prosecutor v Netto Michael George, CC 57/2000, [2000] SGHC 261
6. Timeline
| Date | Event |
|---|---|
| Owner residents of 25 Jalan Ketumbit left Singapore for an overseas trip. | |
| Housebreaking, rape, unnatural sex, outraging modesty, and robbery occurred at 25 Jalan Ketumbit. | |
| Fredelina Evangelista Manuel reported the incident to Diana Yee. | |
| Diana Yee called the police. | |
| Netto Michael George was arrested. | |
| Judgment was delivered. |
7. Legal Issues
- Rape
- Outcome: The court found the defendant guilty of rape.
- Category: Substantive
- Housebreaking
- Outcome: The court found the defendant guilty of housebreaking.
- Category: Substantive
- Unnatural Sex
- Outcome: The court found the defendant guilty of unnatural sex.
- Category: Substantive
- Outraging Modesty
- Outcome: The court found the defendant guilty of outraging modesty.
- Category: Substantive
- Robbery
- Outcome: The court found the defendant guilty of robbery.
- Category: Substantive
- Admissibility of Statements
- Outcome: The court ruled the statements inadmissible due to threats made to the accused's family.
- Category: Procedural
- Related Cases:
- [1996] 1SLR pg 209
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Housebreaking
- Rape
- Unnatural Sex
- Outraging Modesty
- Robbery
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Poh Kay Keng v P P (CA) | Court of Appeal | Yes | [1996] 1SLR pg 209 | Singapore | Cited to support the principle that threats against the accused's family members constitute an inducement that vitiates the accused's statement. |
| Kwan Peng Hong v P P | Unknown | Yes | [2000] 4SLR 96 | Singapore | Cited for the explanation of 'unusually compelling or convincing' evidence in sexual offence cases and the nature of corroborative evidence. |
| R v Redpath | Unknown | Yes | [1962] 46 Cr App Rep 319 | Unknown | Cited for the principle that independent evidence of a distressed condition after an alleged offence can amount to corroborating evidence of the offence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 458 of the Penal Code, Chapter 224 | Singapore |
| Section 376(2)(b) of the Penal Code, Chapter 224 | Singapore |
| Section 377 of the Penal Code, Chapter 224 | Singapore |
| Section 354A of the Penal Code, Chapter 224 | Singapore |
| Section 392 read with Section 397 of the Penal Code, Chapter 224 | Singapore |
| s 159 of the Evidence Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Housebreaking
- Rape
- Unnatural Sex
- Outraging Modesty
- Robbery
- Consensual intercourse
- DNA evidence
- Identification parade
- Distressed state
- Inadmissible statements
15.2 Keywords
- Housebreaking
- Rape
- Unnatural Sex
- Outraging Modesty
- Robbery
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Sexual Offences
- Robbery
17. Areas of Law
- Criminal Law
- Housebreaking
- Rape
- Sexual Offences
- Robbery