Loh Kian Ann v Public Prosecutor: Statutory Rape Conviction Appeal

Loh Kian Ann appealed to the High Court of Singapore against his conviction in the District Court for two counts of having commercial sex with a minor, under s 376B(1) of the Penal Code. The High Court, presided over by Justice Choo Han Teck, dismissed the appeal, finding no reason to disturb the trial judge's findings on the victim's credibility, identification of the appellant, and the appellant's physical capability to engage in sexual intercourse.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Loh Kian Ann appeals against his conviction for statutory rape. The High Court dismisses the appeal, upholding the District Court's decision.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Loh Kian AnnAppellantIndividualAppeal DismissedLostRam Goswami
Public ProsecutorRespondentGovernment AgencyConviction UpheldWonSeraphina Fong, Tan Si En

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Ram GoswamiRam Goswami
Seraphina FongAttorney-General's Chambers
Tan Si EnAttorney-General's Chambers

4. Facts

  1. The appellant was charged with two counts of having commercial sex with a minor.
  2. The victim was 17 years old at the time of the alleged offences.
  3. The offences were alleged to have been committed in July 2011.
  4. The appellant was convicted after a trial before District Judge Kamala Ponnampalam.
  5. The appellant appealed against conviction and sentence.
  6. The appellant withdrew his appeal against sentence.
  7. The trial judge found the victim's testimony to be credible and consistent.

5. Formal Citations

  1. Loh Kian Ann v Public Prosecutor, Magistrate's Appeal No 193 of 2013, [2014] SGHC 105

6. Timeline

DateEvent
Victim born
Offences allegedly committed in the second week of July
Offences allegedly committed in the third week of July
Appellant's statement to the police
Dr. Peter Lim examined the appellant
Dr. Lim's report issued
Dr. Tommy Tan examined the appellant
Dr. Tommy Tan examined the appellant
Dr. Tan's report issued
District Judge Kamala Ponnampalam convicted the appellant
High Court dismissed the appeal against conviction

7. Legal Issues

  1. Statutory Rape
    • Outcome: The court upheld the conviction for statutory rape.
    • Category: Substantive
    • Related Cases:
      • [2013] SGDC 402
  2. Credibility of Witness
    • Outcome: The court found the victim's testimony to be credible.
    • Category: Procedural
  3. Capability to Engage in Sexual Intercourse
    • Outcome: The court found that the appellant was capable of engaging in sexual intercourse at the time of the offence.
    • Category: Substantive

8. Remedies Sought

  1. Appeal against Conviction

9. Cause of Actions

  • Statutory Rape

10. Practice Areas

  • Criminal Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Loh Kian AnnDistrict CourtYes[2013] SGDC 402SingaporeThe High Court affirmed the trial judge's findings on the victim's credibility, identification of the appellant, and the appellant's physical capability to engage in sexual intercourse.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed) s 376B(1)Singapore
Penal Code s 376B(4)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Statutory Rape
  • Minor
  • Penetration
  • Credibility
  • Erectile Dysfunction
  • Ventral Chordee

15.2 Keywords

  • statutory rape
  • criminal law
  • sexual offences
  • Singapore
  • appeal
  • conviction

16. Subjects

  • Criminal Law
  • Sexual Offences

17. Areas of Law

  • Criminal Law
  • Statutory Rape