Public Prosecutor v Kalathithara Subran Hilan: Sentencing for Rape, Abetment, and Prostitution Offences

In Public Prosecutor v Kalathithara Subran Hilan and Others, the High Court of Singapore heard the case against Kalathithara Subran Hilan, Thankappan Ayyappan, Yong Ah Lai, Marni A/P Konasagaran, and Chidamparam Palanivelu (Velu) concerning charges related to the rape, abetment, procurement, and living on the earnings of prostitution of a 13-year-old girl. Hilan was charged with rape, while Vijay, Yong Ah Lai, and Marni were charged with abetment, procuring, and living off the earnings of prostitution. Velu was charged with abetting rape. The court convicted Hilan, Yong Ah Lai, and Velu. Velu appealed against his conviction and sentence. The court sentenced Velu to 12 years imprisonment and six strokes of the cane.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Velu was convicted of abetting rape and sentenced to 12 years imprisonment and six strokes of the cane.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Sentencing judgment for multiple accused charged with rape, abetment, procurement, and living on the earnings of prostitution of a minor.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWonJaswant Singh, Janet Wang, Derek Kang
Kalathithara Subran HilanDefendantIndividualConvictedLost
Thankappan AyyappanDefendantIndividualConvictedLost
Yong Ah LaiDefendantIndividualConvictedLost
Marni A/P KonasagaranDefendantIndividualConvictedLost
Chidamparam PalaniveluDefendantIndividualConvictedLost

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Jaswant SinghDeputy Public Prosecutor
Janet WangDeputy Public Prosecutor
Derek KangDeputy Public Prosecutor

4. Facts

  1. T, a 13-year-old girl, was brought to Singapore to work as a prostitute.
  2. Marni and Vijay approached T’s mother and proposed that T come to Singapore to work as a house maid.
  3. T started working as a prostitute the day after arriving in Singapore.
  4. Velu helped Yong Ah Lai by speaking to the Indian nationals who were demanding payments from him.
  5. Velu took T’s identity card without asking.
  6. Velu bought a chain for T.

5. Formal Citations

  1. Public Prosecutor v Kalathithara Subran Hilan and Others, CC 23/2003, [2003] SGHC 221

6. Timeline

DateEvent
T was born.
T left home with Marni and Vijay.
T, Marni, and Vijay entered Singapore.
Hilan raped T.
Vijay, Yong Ah Lai and Marni abetted Hilan to rape T.
Hilan raped T.
T, Vijay, Yong Ah Lai and Marni were arrested by officers of the Anti-Vice Branch.
Hilan was arrested.
Velu was arrested.
Yong Ah Lai made a police statement.
Velu made a police statement.
Decision Date

7. Legal Issues

  1. Abetment of Rape
    • Outcome: The court convicted Velu of abetting Hilan to rape T.
    • Category: Substantive
  2. Sentencing for Rape and Related Offences
    • Outcome: The court sentenced Hilan to 12 years imprisonment and six strokes of the cane on each of the rape charges, with the custodial sentences to run concurrently. Yong Ah Lai was sentenced to 12 years imprisonment and six strokes of the cane on each of the rape abetment charge, with the custodial sentences to run concurrently. He was sentenced to one year imprisonment and fined $5000 or six months imprisonment in default on the procurement charge, and a similar sentence for living on the earnings of prostitution, which sentences were to run concurrently between themselves and consecutively with the sentences for the abetment of rape. Velu was sentenced to 12 years imprisonment and six strokes of the cane.
    • Category: Procedural
    • Related Cases:
      • [1992] 1 SLR 361

8. Remedies Sought

  1. Imprisonment
  2. Caning
  3. Fine

9. Cause of Actions

  • Rape
  • Abetment
  • Procuring Prostitution
  • Living on Earnings of Prostitution

10. Practice Areas

  • Criminal Law
  • Sentencing

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chia Kim Heng Frederick v PPHigh CourtYes[1992] 1 SLR 361SingaporeCited for sentencing guidelines.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code, Chapter 224, section 376(1)Singapore
Penal Code, Chapter 224, section 109Singapore
Women’s Charter, section 140(1)(b)Singapore
Women’s Charter, section 146(1)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Prostitution
  • Abetment
  • Rape
  • Sentencing
  • Pimp
  • Anti-Vice Branch

15.2 Keywords

  • Rape
  • Prostitution
  • Abetment
  • Singapore
  • Criminal Law
  • Sentencing

16. Subjects

  • Criminal Law
  • Sentencing
  • Prostitution

17. Areas of Law

  • Criminal Law
  • Sentencing
  • Prostitution
  • Abetment
  • Rape