Public Prosecutor v Pick Hoo Kee: Rape of Mentally Retarded Victim
In Public Prosecutor v Pick Hoo Kee, the High Court of Singapore sentenced Pick Hoo Kee to 20 years imprisonment after he pleaded guilty to two charges of rape against his mentally retarded niece. The rapes occurred between September and November 2000, resulting in the victim's pregnancy and subsequent abortion. The court considered the victim's vulnerability and the accused's breach of trust in determining the sentence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to 20 years imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Pick Hoo Kee pleaded guilty to two charges of rape of his mentally retarded niece, resulting in pregnancy and abortion. The court sentenced him to 20 years imprisonment.
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 | Han Ming Kuang |
| Pick Hoo Kee | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Han Ming Kuang | Attorney-General's Chambers |
4. Facts
- The Accused pleaded guilty to two charges of rape.
- The victim is the Accused's niece and is mentally retarded.
- The rapes occurred at the Accused's flat between September and November 2000.
- The victim became pregnant as a result of the rapes.
- The victim underwent an abortion at 20 weeks of pregnancy.
- DNA results confirmed the Accused was the father of the foetus.
- The victim's intellectual level was assessed to be within the moderately retarded range.
5. Formal Citations
- Public Prosecutor v Pick Hoo Kee, CC No 33 of 2001, [2001] SGHC 175
6. Timeline
| Date | Event |
|---|---|
| First rape occurred at the Accused's flat. | |
| Last rape occurred at the Accused's flat. | |
| Victim's mother noticed the victim appeared fat. | |
| Victim's mother brought the victim home for Chinese New Year. | |
| Victim's mother called her sister suspecting the victim was pregnant. | |
| Victim's mother tested the victim's urine; results were positive. | |
| Accused admitted to his wife that he was the culprit. | |
| Victim's mother brought her to Thomson Medical Centre for examination. | |
| Abortion was carried out. | |
| Accused arrested. | |
| Psychological assessment conducted on the victim. | |
| Judgment Date |
7. Legal Issues
- Rape
- Outcome: The court found the defendant guilty of rape.
- Category: Substantive
- Sentencing
- Outcome: The court sentenced the defendant to 20 years imprisonment.
- Category: Procedural
- Related Cases:
- Liew Kok Meng v PP (CC 25 of 1999)
- PP v Abu Bin Talek (CC 27 of 1995)
8. Remedies Sought
- Imprisonment
- Fine
- Caning
9. Cause of Actions
- Rape
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Liew Kok Meng v PP | High Court | Yes | Liew Kok Meng v PP (CC 25 of 1999) | Singapore | Cited as a similar case where the accused was sentenced to 15 years imprisonment and caning for rape of a mildly retarded minor, resulting in pregnancy and abortion. |
| PP v Abu Bin Talek | High Court | Yes | PP v Abu Bin Talek (CC 27 of 1995) | Singapore | Cited as a similar case where the accused was sentenced to 14 years imprisonment for rape of a mentally retarded victim, resulting in pregnancy and abortion. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 376 (1) of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Mentally retarded
- Vulnerable victim
- Abortion
- DNA evidence
- Sentencing
- Consecutive sentences
15.2 Keywords
- Rape
- Mental disability
- Sexual assault
- Singapore
- Criminal law
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences
17. Areas of Law
- Criminal Law
- Sexual Offences