Public Prosecutor v Hang Tuah bin Jumaat: Sexual Offence and Road Traffic Act Violation
In Public Prosecutor v Hang Tuah bin Jumaat, the High Court of Singapore convicted Hang Tuah bin Jumaat on 29 January 2013 for rape and driving without a valid license. The court sentenced him to 12 years’ imprisonment and 12 strokes of the cane for the rape charge, and two months’ imprisonment for the driving charge, to run concurrently. The accused has appealed against the sentence.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted and sentenced to 12 years’ imprisonment and 12 strokes of the cane for the first charge, and two months’ imprisonment for the second charge, to run concurrently.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Hang Tuah bin Jumaat was convicted of rape and driving without a valid license. He was sentenced to 12 years' imprisonment and 12 strokes of the cane for rape.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Kavita Uthrapathy, Adrian Loo Yu Hao |
| Hang Tuah bin Jumaat | Defendant | Individual | Convicted | Lost | Gopinath Pillai, Aloysius Tan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kavita Uthrapathy | Attorney-General's Chambers |
| Adrian Loo Yu Hao | Attorney-General's Chambers |
| Gopinath Pillai | TanJinHwee LLC |
| Aloysius Tan | TanJinHwee LLC |
4. Facts
- The accused was charged with sexual offences and offences under the Road Traffic Act.
- The accused penetrated the vagina of the victim, who was under 14 years of age.
- The accused drove a motor lorry without a valid Class 4 driving license.
- DNA belonging to the accused was found on the victim’s clothing.
- The accused denied the charges and claimed he was at home at the time of the offence.
- The wife of the accused testified that the accused left their flat at about 7.15pm and only returned at about midnight.
5. Formal Citations
- Public Prosecutor v Hang Tuah bin Jumaat, , [2013] SGHC 28
6. Timeline
| Date | Event |
|---|---|
| Accused penetrated the vagina of the victim. | |
| Accused drove motor lorry without a valid Class 4 driving licence. | |
| Complainant told her school teacher what had happened the previous night. | |
| Sentence to take effect from this date. | |
| Criminal Case No 4 of 2012 | |
| Decision Date |
7. Legal Issues
- Rape
- Outcome: The court found the accused guilty of rape.
- Category: Substantive
- Driving without a valid license
- Outcome: The court found the accused guilty of driving without a valid Class 4 driving license.
- Category: Substantive
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Sexual Assault
- Violation of Road Traffic Act
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code, Chapter 224 | Singapore |
| Road Traffic Act, Chapter 276 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Class 4 driving licence
- DNA evidence
- Penal Code
- Road Traffic Act
15.2 Keywords
- Rape
- Driving without license
- Singapore
- Criminal Law
- Road Traffic Act
16. Subjects
- Criminal Law
- Traffic Law
17. Areas of Law
- Criminal Law
- Road Traffic Law
- Sexual Offences