Public Prosecutor v MY: Attempted Rape Charge and Outrage of Modesty under Penal Code

In Public Prosecutor v MY, the High Court of Singapore heard a case against MY, who was charged with attempted rape of his nine-year-old niece. The court, presided over by Justice Choo Han Teck, acquitted the accused on the attempted rape charge but convicted him on an amended charge of outrage of modesty under Section 354 of the Penal Code. The judgment was delivered on 2006-05-26.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused acquitted on attempted rape charge but convicted of outrage of modesty.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Accused was charged with attempted rape of his niece. The court acquitted him on the attempted rape charge but convicted him of outrage of modesty.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyPartial LossPartial
Christopher Ong of Deputy Public Prosecutors
Crystal Ong of Deputy Public Prosecutors
MYDefenseIndividualPartial LossPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Christopher OngDeputy Public Prosecutors
Crystal OngDeputy Public Prosecutors

4. Facts

  1. The accused is the 51-year-old uncle of the nine-year-old complainant.
  2. The accused lived with the complainant and her family.
  3. The complainant's mother lodged a police report against the accused on 15 August 2005.
  4. The accused was initially charged with offences under s 354 of the Penal Code.
  5. The second charge was amended to one of attempted rape under s 376(2) of the Penal Code.
  6. Medical report indicated that the complainant's hymen was intact.
  7. The accused admitted to putting his penis against the complainant's vulva and rubbing against it until he ejaculated.

5. Formal Citations

  1. Public Prosecutor v MY, CC 16/2006, [2006] SGHC 89

6. Timeline

DateEvent
Incident occurred between 11:00 am and 6:00 pm
Police report lodged against the accused
Complainant underwent medical examination
Accused arrested
Imprisonment commenced
Judgment reserved

7. Legal Issues

  1. Attempted Rape
    • Outcome: The court acquitted the accused on the charge of attempted rape.
    • Category: Substantive
  2. Outrage of Modesty
    • Outcome: The court convicted the accused on the charge of outrage of modesty.
    • Category: Substantive
  3. Corroboration of Child Witness Testimony
    • Outcome: The court considered the need for corroboration of the child witness's testimony.
    • Category: Procedural

8. Remedies Sought

  1. Conviction
  2. Imprisonment

9. Cause of Actions

  • Attempted Rape
  • Outrage of Modesty

10. Practice Areas

  • Criminal Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tang Kin Seng v PPN/AYes[1997] 1 SLR 46SingaporeCited regarding the rules as to when it might be appropriate to require corroborative evidence in support of fragile young voices.
Lee Kwang Peng v PPN/AYes[1997] 3 SLR 278SingaporeCited regarding the rules as to when it might be appropriate to require corroborative evidence in support of fragile young voices.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 354 Penal Code (Cap 224, 1985 Rev Ed)Singapore
Section 376(2) Penal Code (Cap 224, 1985 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Attempted Rape
  • Outrage of Modesty
  • Penal Code
  • Hymen
  • Penetration
  • Corroboration
  • Child Witness

15.2 Keywords

  • Criminal Law
  • Sexual Offences
  • Attempted Rape
  • Outrage of Modesty
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Sexual Offences95
Attempted Rape90
Criminal Law85
Outrage of Modesty80
Evidence70
Child Witness60

16. Subjects

  • Criminal Law
  • Sexual Offences