Public Prosecutor v ABC: Sentencing for Rape, Housebreaking, and Outraging Modesty

In Public Prosecutor v ABC, the High Court of Singapore sentenced ABC, a 24-year-old security guard, on November 15, 2003, for two counts of aggravated rape, one count of outraging modesty in aggravated circumstances, and one count of theft. The court imposed consecutive sentences for the rape charges, considering ABC's repeat offenses and the aggravating circumstances of the crimes. The court sentenced the accused to a total of 17 years imprisonment and 24 strokes of the cane.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused convicted and sentenced to imprisonment and caning.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

ABC was sentenced for rape, housebreaking, and outraging modesty. The High Court imposed consecutive sentences due to repeat offenses and aggravating circumstances.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyConvictionWon
Nor'Ashikin Samdin of Attorney-General’s Chambers
Ho So-Lyn of Attorney-General’s Chambers
ABCDefendantIndividualConvictionLost

3. Judges

Judge NameTitleDelivered Judgment
MPH RubinJudgeYes

4. Counsels

Counsel NameOrganization
Nor'Ashikin SamdinAttorney-General’s Chambers
Ho So-LynAttorney-General’s Chambers

4. Facts

  1. The accused, a security guard, broke into the victim's apartment.
  2. The accused stole $110 from the victim's apartment.
  3. The accused hit the victim on the head with a wooden stool.
  4. The accused raped the victim twice.
  5. The accused outraged the victim's modesty by licking her vagina.
  6. The victim sustained bruises and swelling.
  7. The victim contracted gonorrhoea.

5. Formal Citations

  1. Public Prosecutor v ABC, CC 38/2003, [2003] SGHC 281

6. Timeline

DateEvent
Victim moved into QW apartment.
Accused started working as a security guard at QW.
Victim walked home from Novena MRT station.
Accused committed offences.
Victim called the police.
Accused arrested.
Victim examined at K K Women’s & Children’s Hospital.
Victim examined at the Department of Sexually-Transmitted Diseases Control (DSC) Clinic.
Judgment delivered.

7. Legal Issues

  1. Sentencing
    • Outcome: The court imposed a deterrent sentence, considering the accused's past infractions and the violence committed against the victim.
    • Category: Substantive
    • Sub-Issues:
      • Appropriate imprisonment term
      • Repeat offender
      • Aggravating circumstances
      • Consecutive sentences
    • Related Cases:
      • [1992] 1 SLR 361

8. Remedies Sought

  1. Imprisonment
  2. Caning

9. Cause of Actions

  • Rape
  • Housebreaking
  • Theft
  • Outrage of Modesty

10. Practice Areas

  • Criminal Law
  • Sentencing

11. Industries

  • Security

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chia Kim Heng Frederick v Public ProsecutorSingapore Court of AppealYes[1992] 1 SLR 361SingaporeCited for broad principles in sentencing.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 376(2)(a) of the Penal Code, Chapter 224Singapore
Section 457 of the Penal Code, Chapter 224Singapore
Section 458A of the Penal Code, Chapter 224Singapore
Section 376(2)(b) of the Penal Code, Chapter 224Singapore
Section 354A(1) of the Penal Code, Chapter 224Singapore
Section 18 of the Criminal Procedure Code (Cap 68)Singapore
Section 230 of the Criminal Procedure Code (Cap 68)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Aggravated rape
  • Outraging modesty
  • Housebreaking
  • Consecutive sentences
  • Deterrent sentence
  • Security guard

15.2 Keywords

  • Rape
  • Housebreaking
  • Theft
  • Outrage of Modesty
  • Sentencing
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Sexual Offences90
Aggravated Rape90
Sentencing90
Criminal Procedure90
Offences85
Outraging Modesty80
Theft70
House-trespass60

16. Subjects

  • Criminal Law
  • Sentencing