Public Prosecutor v Yeow Ban Soon: Rape and Hurt Charges in Domestic Violence Context

In Public Prosecutor v Yeow Ban Soon, the High Court of Singapore, on 2004-04-13, acquitted Yeow Ban Soon of two charges of aggravated rape under s 376(2)(a) of the Penal Code but convicted him of causing hurt under s 323 of the Penal Code. The court, presided over by Justice Choo Han Teck, found the complainant's evidence unreliable due to inconsistencies and a perceived motive for revenge. The case involved allegations of rape and assault within a domestic context, with the court ultimately determining that the prosecution failed to prove the rape charges beyond a reasonable doubt, while the accused admitted to the assault.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused acquitted of rape charges; convicted of causing hurt.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Yeow Ban Soon was acquitted of rape but convicted of causing hurt to his former girlfriend. The court found the complainant's testimony unreliable.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyAccused acquitted of rape charges; convicted of causing hurtPartial
Leong Wing Tuck of Deputy Public Prosecutors
Lee Cheow Han of Deputy Public Prosecutors
Shawn Ho of Deputy Public Prosecutors
Yeow Ban SoonDefenseIndividualAccused acquitted of rape chargesWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Leong Wing TuckDeputy Public Prosecutors
Lee Cheow HanDeputy Public Prosecutors
Shawn HoDeputy Public Prosecutors
Luke LeeLuke Lee and Co
Alagappan ArunasalamA Alagappan and Co

4. Facts

  1. The complainant alleged rape and assault by the accused.
  2. The accused was the former boyfriend of the complainant.
  3. The complainant was found locked in a flat.
  4. The complainant had a scar on her head, allegedly from a beer bottle blow by the accused.
  5. The complainant had a low IQ score.
  6. The complainant initially accused Steven of rape but later recanted.
  7. The accused admitted to assaulting the complainant but claimed consensual sex.

5. Formal Citations

  1. Public Prosecutor v Yeow Ban Soon, CC 5/2004, [2004] SGHC 73

6. Timeline

DateEvent
Lee called at the complainant's sister’s flat at Serangoon North.
Lee asked the complainant for lunch.
Alleged first rape occurred.
Alleged second rape occurred in the toilet.
Date of one of the alleged rapes according to the original charge.
Date of one of the alleged rapes according to the complainant's conditioned statement.
Date of one of the alleged rapes according to the complainant's conditioned statement.
Police found the complainant at a flat at Block 59 Jalan Berseh.
Dr Adrian Wang of the Institute of Mental Health examined the complainant.
Accused's statements P46 and P47 were recorded by Inspector of Police Yew Ai Choo.
Accused's statement P49 was recorded by SSSgt Suzana Sajari.
Dr Adrian Wang interviewed the complainant for a post-trauma assessment.
IQ test conducted on the complainant by a clinical psychologist, Clare Yeo.
Judgment reserved.

7. Legal Issues

  1. Rape
    • Outcome: Accused found not guilty.
    • Category: Substantive
  2. Hurt
    • Outcome: Accused found guilty.
    • Category: Substantive
  3. Corroboration
    • Outcome: Court found complainant's evidence unsatisfactory and unsafe to rely on accused's statements to corroborate her.
    • Category: Procedural

8. Remedies Sought

  1. Imprisonment of the accused

9. Cause of Actions

  • Rape
  • Causing Hurt

10. Practice Areas

  • Criminal Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
s 376(2)(a) Penal Code (Cap 224, 1985 Rev Ed)Singapore
s 323 Penal Code (Cap 224, 1985 Rev Ed)Singapore
Criminal Procedure Code (Cap 68, 1985 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Rape
  • Hurt
  • Corroboration
  • Consent
  • Domestic Violence
  • Complainant's Reliability

15.2 Keywords

  • rape
  • hurt
  • domestic violence
  • singapore
  • criminal law

17. Areas of Law

Area NameRelevance Score
Criminal Law90
Sexual Offences90
Offences80
Evidence Law70
Assault60
Personal Injury30

16. Subjects

  • Criminal Law
  • Evidence
  • Rape
  • Assault