Public Prosecutor v Azuar Bin Ahamad: Rape, Sexual Assault, and Use of Stupefying Drugs
In Public Prosecutor v Azuar Bin Ahamad, the High Court of Singapore addressed the sentencing of Azuar Bin Ahamad, who faced 33 charges including rape, sexual assault, and administering stupefying drugs. Azuar pleaded guilty to four charges and consented to the remaining 29 being considered for sentencing. The central issue was whether Azuar surreptitiously drugged his victims. The court found that Azuar had covertly spiked the drinks of his victims with Dormicum to sexually violate them. He was sentenced to 37 years and 6 months’ imprisonment with caning of 24 strokes.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty; sentenced to 37 years and 6 months’ imprisonment with caning of 24 strokes.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Azuar Bin Ahamad was convicted of rape and sexual assault after drugging victims. The High Court sentenced him to 37 years and 6 months' imprisonment with caning.
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 | Krystle Chiang of Attorney-General’s Chambers David Khoo of Attorney-General’s Chambers Andrew Tan of Attorney-General’s Chambers |
| Azuar Bin Ahamad | Defendant, Appellant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Krystle Chiang | Attorney-General’s Chambers |
| David Khoo | Attorney-General’s Chambers |
| Andrew Tan | Attorney-General’s Chambers |
| Suresh Damodara | Damodara Hazra LLP |
| Leonard Manoj Kumar Hazra | Damodara Hazra LLP |
4. Facts
- Accused met victims through online dating applications, using false pretenses.
- Accused spiked victims' drinks with Dormicum, a sedative drug.
- Victims experienced rapid onset of anterograde amnesia after consuming the drinks.
- Accused sexually violated the victims while they were unconscious.
- Accused recorded the sexual violations on his handphone.
- Victims were unaware of the sexual violations until shown the videos by the police.
- Accused had a prior conviction for a similar offence involving drugging a woman.
5. Formal Citations
- Public Prosecutor v Azuar Bin Ahamad, Criminal Case No 29 of 2011, [2014] SGHC 149
6. Timeline
| Date | Event |
|---|---|
| Accused arrested for voluntary hurt by means of a stupefying thing. | |
| Accused released on court bail of $30,000. | |
| Accused arrested for outraging the modesty of a woman. | |
| Accused released on court bail of $40,000. | |
| Accused arrested for outraging the modesty of a woman. | |
| Accused's bail was revoked. | |
| Accused pleaded guilty to four charges. | |
| Court found that the accused had covertly spiked the drinks of his victims. | |
| Accused sentenced to 37 years and 6 months’ imprisonment with caning of 24 strokes. |
7. Legal Issues
- Use of Stupefying Drugs
- Outcome: The court found that the accused had covertly spiked the drinks of his victims with Dormicum.
- Category: Substantive
- Sub-Issues:
- Covert administration of drugs
- Effects of Dormicum
- Anterograde amnesia
- Anxiolytic effect
- Rape
- Outcome: The accused was convicted of rape.
- Category: Substantive
- Sub-Issues:
- Lack of consent
- Sexual penetration
- Sexual Assault by Penetration
- Outcome: The accused was convicted of sexual assault by penetration.
- Category: Substantive
- Sub-Issues:
- Lack of consent
- Sexual penetration with finger
- Sentencing Principles
- Outcome: The court sentenced the accused to 37 years and 6 months’ imprisonment with caning of 24 strokes, considering the aggravating factors and the need to protect society.
- Category: Procedural
- Sub-Issues:
- Aggravating factors
- Mitigating factors
- Totality principle
- Protection of society
- Related Cases:
- [2006] 4 SLR(R) 849
- [2008] 4 SLR(R) 500
- [2008] 1 SLR(R) 601
- [2010] 1 SLR 874
- [2014] SGHC 34
8. Remedies Sought
- Criminal Prosecution
- Imprisonment
- Caning
9. Cause of Actions
- Rape
- Sexual Assault by Penetration
- Causing Hurt by Stupefying Thing
- Theft
- Possession of Obscene Films
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v NF | High Court | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited for demarcating four categories of rape for sentencing purposes. |
| Public Prosecutor v UI | Court of Appeal | Yes | [2008] 4 SLR(R) 500 | Singapore | Endorsed the list of aggravating factors laid down by Lord Woolf CJ in R v Millberry. |
| Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik | Court of Appeal | Yes | [2008] 1 SLR(R) 601 | Singapore | Cited for the principle that the court should be guided by the degree of harm to the victim, the level of culpability of the offender, and the level of risk posed by the offender to society. |
| R v Millberry | N/A | Yes | [2003] 1 WLR 546 | England and Wales | Cited for the list of aggravating factors in rape cases. |
| R v David John Stevens | N/A | Yes | (1986) 8 Cr App R (S) 297 | England and Wales | Cited regarding the mitigating value of a guilty plea in sexual cases. |
| Xia Qin Lai v Public Prosecutor | High Court | Yes | [1999] 3 SLR(R) 257 | Singapore | Cited regarding the mitigation value of a plea of guilt. |
| Angliss Singapore Pte Ltd v PP | High Court | Yes | [2006] 4 SLR(R) 653 | Singapore | Cited regarding the mitigating value of a guilty plea. |
| Public Prosecutor v Tay Beng Guan Albert | High Court | Yes | [2000] 2 SLR(R) 778 | Singapore | Cited regarding the use of modern technology to record a victim in her private moments. |
| Public Prosecutor v Chee Cheong Hin Constance | High Court | Yes | [2006] 2 SLR(R) 24 | Singapore | Cited for the approach to circumstantial evidence. |
| Tan Chor Jin v Public Prosecutor | Court of Appeal | Yes | [2008] 4 SLR(R) 306 | Singapore | Cited for the approach to circumstantial evidence. |
| R v Gary Dean Miles | Court of Appeal (Criminal Division) | Yes | [2006] EWCA Crim 256 | England and Wales | Cited regarding a pattern of criminal activity. |
| Public Prosecutor v Yong Kou Lin and another | High Court | Yes | [1993] SGHC 278 | Singapore | Cited regarding the harm suffered by an unconscious victim of rape. |
| ADF v Public Prosecutor and another appeal | Court of Appeal | Yes | [2010] 1 SLR 874 | Singapore | Cited regarding the totality principle in sentencing. |
| Mohamed Shouffee bin Adam v Public Prosecutor | High Court | Yes | [2014] SGHC 34 | Singapore | Cited regarding the totality principle in sentencing. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 375(2) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(3) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 328 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 354(1) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 379 | Singapore |
| Films Act (Cap 107) s 21(1)(a) | Singapore |
| Films Act (Cap 107) s 30(1) | Singapore |
| Films Act (Cap 107) s 30(2) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 18 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Dormicum
- Anterograde Amnesia
- Stupefying Drug
- Date Rape
- Sexual Violation
- Premeditation
- Online Dating
- Loss of Cognisance
15.2 Keywords
- Rape
- Sexual Assault
- Dormicum
- Stupefying Drug
- Singapore
- Criminal Law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 98 |
| Rape | 97 |
| Drug-related Sexual Assault | 96 |
| Criminal Law | 95 |
| Sentencing | 92 |
| Criminal Procedure | 90 |
| Evidence | 60 |
16. Subjects
- Criminal Law
- Sexual Offences
- Drug-Related Crime
- Sentencing