PP v Kalathithara Subran Hilan: Abetment of Rape, Procuring for Prostitution, Living off Earnings of Prostitution

In Public Prosecutor v Kalathithara Subran Hilan and Others, the High Court of Singapore, presided over by Justice Choo Han Teck on 2003-05-22, dealt with four accused persons charged with offences related to the rape of a 13-year-old girl. The first accused, Kalathithara Subran Hilan, was charged with rape, while the second accused, Thankappan Ayyappan, the third accused, Yong Ah Lai, and the fourth accused, Marni A/P Konasagaran, were charged with abetment by conspiracy to commit rape and offences under the Women's Charter. The second and fourth accused pleaded guilty to abetment of rape and offences under the Women's Charter and were convicted. The first and third accused were remitted for trial.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Second and Fourth Accused convicted of abetment of rape and offences under the Women's Charter.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Four accused were charged with rape and abetment of rape of a minor, and offences under the Women's Charter. Two pleaded guilty and were convicted.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyConviction of Second and Fourth AccusedWon
Derek Kang of Attorney-General’s Chambers
Jaswant Singh of Attorney-General’s Chambers
Janet Wang of Attorney-General’s Chambers
Kalathithara Subran HilanDefendantIndividualRemitted for TrialNeutral
Thankappan AyyappanDefendantIndividualConvictedLost
Yong Ah LaiDefendantIndividualRemitted for TrialNeutral
Marni A/P KonasagaranDefendantIndividualConvictedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Derek KangAttorney-General’s Chambers
Jaswant SinghAttorney-General’s Chambers
Janet WangAttorney-General’s Chambers
RaiWong, Gopal & Rai

4. Facts

  1. Four accused persons were charged with offences related to the rape of a 13-year-old girl.
  2. The first accused was charged with rape under s 376(1) of the Penal Code.
  3. The second, third, and fourth accused were charged with abetment by conspiracy to commit rape.
  4. The second and fourth accused pleaded guilty to the charges against them.
  5. The 13-year-old girl was taken from Malaysia to Singapore under false pretenses.
  6. The girl was forced into prostitution upon arrival in Singapore.

5. Formal Citations

  1. Public Prosecutor v Kalathithara Subran Hilan and Others, CC 23/2003, [2003] SGHC 113

6. Timeline

DateEvent
Decision Date

7. Legal Issues

  1. Abetment of Rape
    • Outcome: The court convicted the second and fourth accused of abetment of rape.
    • Category: Substantive
    • Sub-Issues:
      • Conspiracy to procure men to rape a minor
    • Related Cases:
      • [1992] 1 SLR 361
  2. Procuring for Prostitution
    • Outcome: The court convicted the second and fourth accused of procuring for prostitution.
    • Category: Substantive
  3. Living off the Earnings of Prostitution
    • Outcome: The court convicted the second and fourth accused of living off the earnings of prostitution.
    • Category: Substantive

8. Remedies Sought

  1. Imprisonment
  2. Fine
  3. Caning

9. Cause of Actions

  • Rape
  • Abetment by Conspiracy
  • Procuring for Prostitution
  • Living off the Earnings of Prostitution

10. Practice Areas

  • Criminal Law
  • Sex Crimes

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chia Kim Heng Frederick v PPHigh CourtYes[1992] 1 SLR 361SingaporeCited for principles regarding sentencing in cases of abetment of rape.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code s 376(1)Singapore
Penal Code s 109Singapore
Women’s Charter s 140(1)(b)Singapore
Women’s Charter s 146(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Abetment
  • Conspiracy
  • Rape
  • Prostitution
  • Women's Charter
  • Minor
  • Procuring

15.2 Keywords

  • rape
  • abetment
  • prostitution
  • minor
  • women's charter
  • singapore

17. Areas of Law

Area NameRelevance Score
Sexual Offences95
Criminal Law90
Women’s Charter85
Prevention of Human Trafficking Act80
Penal Code70
Criminal conspiracy60
Domestic Violence40
Drug Crimes30
Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act20

16. Subjects

  • Criminal Law
  • Sexual Offences
  • Human Trafficking