ADF v Public Prosecutor: Maid Abuse, Voluntarily Causing Hurt, Sentencing
In ADF v Public Prosecutor, the Singapore Court of Appeal heard an appeal by ADF against his conviction on three charges and the sentences imposed on five charges of voluntarily causing hurt to his domestic maid. The Prosecution also appealed against the length of the sentences. The Court of Appeal dismissed ADF's appeal against the convictions and partially allowed the Prosecution's appeal, increasing the sentences for two charges and ordering some sentences to run consecutively, resulting in a total sentence of 24 months' imprisonment.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal against convictions dismissed; Prosecution's appeal for enhanced sentencing partially allowed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal case involving ADF, convicted of maid abuse for voluntarily causing hurt. Appeal against conviction and sentence dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent, Appellant | Government Agency | Appeal for enhanced sentencing partially allowed | Partial | Vala Muthupalaniappan of Attorney-General’s Chambers Winston Cheng Howe Ming of Attorney-General’s Chambers Shahla Iqbal of Attorney-General’s Chambers |
| ADF | Appellant, Respondent | Individual | Appeal against convictions dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | Yes |
| Woo Bih Li | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Vala Muthupalaniappan | Attorney-General’s Chambers |
| Winston Cheng Howe Ming | Attorney-General’s Chambers |
| Shahla Iqbal | Attorney-General’s Chambers |
| Lee Teck Leng | Lee Associates |
4. Facts
- ADF was convicted of five charges for voluntarily causing hurt to his domestic maid.
- The victim was employed by ADF's wife and performed household duties and childcare.
- ADF instructed the victim to record her duties and mistakes in notebooks.
- The victim was not paid regularly and was dependent on ADF and his wife for food.
- ADF affixed three padlocks on the gate to the flat to control the victim's movement.
- ADF and his wife became increasingly unhappy with the victim's work lapses.
- The victim was afraid of ADF, who threatened to send her to Batam to be a prostitute or to prison.
5. Formal Citations
- ADF v Public Prosecutor, Cr App 6/2008, 12/2008, [2009] SGCA 57
6. Timeline
| Date | Event |
|---|---|
| ADF knocked the victim's head with his knuckles. | |
| ADF hit the victim's head repeatedly with his hands. | |
| ADF kicked the victim's hips. | |
| ADF kicked the victim's abdomen, pushed her chest, and slapped her cheeks. | |
| ADF kicked the victim's abdomen. | |
| Victim examined at National University Hospital. | |
| Police recorded statement from victim. | |
| Police recorded statement from victim. | |
| Victim examined by Dr. Cheah Wei Keat. | |
| Judge pronounced sentence. | |
| Judgment reserved. |
7. Legal Issues
- Voluntarily Causing Hurt
- Outcome: The court upheld the convictions for voluntarily causing hurt.
- Category: Substantive
- Sentencing Principles
- Outcome: The court reviewed and adjusted the sentences, emphasizing deterrence and retribution in domestic maid abuse cases.
- Category: Procedural
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Voluntarily Causing Hurt
10. Practice Areas
- Criminal Law
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Mohammed Liton Mohammed Syeed Mallik | Court of Appeal | Yes | [2008] 1 SLR 601 | Singapore | Cited regarding the limited role of an appellate court when assessing findings of fact made by the trial court. |
| Yap Giau Beng Terence v PP | High Court | Yes | [1998] 3 SLR 656 | Singapore | Cited regarding the limited role of an appellate court when assessing findings of fact made by the trial court. |
| Jagatheesan s/o Krishnasamy v PP | High Court | Yes | [2006] 4 SLR 45 | Singapore | Cited regarding the limited role of an appellate court when assessing findings of fact made by the trial court. |
| XP v PP | High Court | Yes | [2008] 4 SLR 686 | Singapore | Cited regarding the inference to be drawn from acquittals and amendment of charge. |
| Farida Begam d/o Mohd Artham v PP | High Court | Yes | [2001] 4 SLR 610 | Singapore | Cited regarding the employer being acquitted of some charges and convicted on only one. |
| Govindaraj Perumalsamy v PP | High Court | Yes | [2004] SGHC 16 | Singapore | Cited regarding inconsistencies in a witness's testimony. |
| PP v Law Aik Meng | High Court | Yes | [2007] 2 SLR 814 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v UI | Court of Appeal | Yes | [2008] 4 SLR 500 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Tan Fook Sum | High Court | Yes | [1999] 2 SLR 523 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| Tan Kay Beng v PP | High Court | Yes | [2006] 4 SLR 10 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| Lim Chuan Huat Francis v PP | High Court | Yes | [2002] 1 SLR 105 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v NF | High Court | Yes | [2006] 4 SLR 849 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Chong Siew Chin | High Court | Yes | [2002] 1 SLR 117 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Loqmanul Hakim bin Buang | High Court | Yes | [2007] 4 SLR 753 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Tan Fook Sum | High Court | Yes | [1999] 2 SLR 523 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Aguilar Guen Garlejo | High Court | Yes | [2006] 3 SLR 247 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Lim Ah Liang | High Court | Yes | [2007] SGHC 34 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| Angliss Singapore Pte Ltd v PP | High Court | Yes | [2006] 4 SLR 653 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Leong Soon Kheong | Court of Appeal | Yes | [2009] SGCA 28 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Donohue Enilia | High Court | Yes | [2005] 1 SLR 220 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR 684 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| Maideen Pillai v PP | Court of Appeal | Yes | [1996] 1 SLR 161 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| Kanagasuntharam v PP | Court of Appeal | Yes | [1992] 1 SLR 81 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| Chen Weixiong Jerriek v PP | High Court | Yes | [2003] 2 SLR 334 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| PP v Fernandez Joseph Ferdinent | Court of Appeal | Yes | [2007] 4 SLR 1 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| Jeffery bin Abdullah v PP | Court of Appeal | Yes | [2009] 3 SLR 414 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| Tham Wing Fai Peter v PP | High Court | Yes | [1988] SLR 424 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
| Xia Qin Lai v PP | High Court | Yes | [1999] 4 SLR 343 | Singapore | Cited regarding the legal principles relating to appellate review of sentences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Penal Code section 73 | Singapore |
| Penal Code section 323 | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) section 18 | Singapore |
| Criminal Procedure Code section 401 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Domestic Maid Abuse
- Voluntarily Causing Hurt
- Sentencing
- Deterrence
- Retribution
- Vulnerable Victim
- Psychological Warfare
15.2 Keywords
- maid abuse
- voluntarily causing hurt
- sentencing
- domestic helper
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Domestic Maid Abuse | 95 |
| Criminal Law | 90 |
| Sentencing | 90 |
| Criminal Procedure | 85 |
| Personal Injury | 30 |
| Work Injury Compensation | 20 |
16. Subjects
- Criminal Law
- Sentencing
- Domestic Maid Abuse