ABE v Public Prosecutor: Appeal Against Conviction for Outraging Modesty and Rape

ABE appealed to the High Court of Singapore against his conviction in the District Court for using criminal force with intent to outrage modesty and rape of a 13-year-old girl. The High Court, presided over by Lee Seiu Kin J, dismissed the appeal, finding no reasonable doubt that ABE committed the offenses on 28 December 2006. The court considered fresh medical evidence presented by ABE but ultimately upheld the original conviction and sentence.

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

ABE appeals conviction for outraging modesty and rape of a 13-year-old. The High Court dismisses the appeal, finding no reasonable doubt of guilt.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedWon
Wong Kok Weng of Attorney-General’s Chambers
Edmund Lam Hon Mern of Attorney-General’s Chambers
Caleb Tan Tian-Le of Attorney-General’s Chambers
ABEAppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Wong Kok WengAttorney-General’s Chambers
Edmund Lam Hon MernAttorney-General’s Chambers
Caleb Tan Tian-LeAttorney-General’s Chambers
JeyabalenJeyabalen & Partners
Arthur Edwin LimJeyabalen & Partners

4. Facts

  1. The appellant was convicted of using criminal force with intent to outrage modesty and rape.
  2. The victim was 13 years old and the appellant was 21 years old at the time of the incidents.
  3. The offences were committed on 28 December 2006.
  4. The appellant applied to adduce fresh medical evidence to show that he suffered from poor quality erections.
  5. The complainant testified that the appellant put his head on her groin, locked the bedroom door, and removed her clothes.
  6. The complainant testified that the appellant pointed a knife at her and demanded that she take off her clothes before raping her.
  7. Medical examinations revealed hymen tears and superficial abrasions consistent with sexual assault.

5. Formal Citations

  1. ABE v Public Prosecutor, Magistrate's Appeal No 177 of 2011, [2014] SGHC 18

6. Timeline

DateEvent
Offences committed
Magistrate's Appeal No 177 of 2011
First Doppler ultrasound test conducted
Criminal Motion 38 of 2012 filed
Second Doppler ultrasound test conducted
Cavernosography conducted
High Court dismissed the appeal

7. Legal Issues

  1. Rape
    • Outcome: The court found no reasonable doubt that the appellant committed the offence of rape.
    • Category: Substantive
  2. Outraging Modesty
    • Outcome: The court found no reasonable doubt that the appellant committed the offence of outraging modesty.
    • Category: Substantive
  3. Admissibility of Fresh Evidence
    • Outcome: The court allowed the application to adduce fresh evidence but ultimately found that it did not create reasonable doubt.
    • Category: Procedural

8. Remedies Sought

  1. Appeal against conviction
  2. Appeal against sentence

9. Cause of Actions

  • Rape
  • Using criminal force with intent to outrage modesty

10. Practice Areas

  • Criminal Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed) s 345A(2)(b)Singapore
Penal Code (Cap 224, 2008 Rev Ed) s 376(1)Singapore
Evidence Act (Cap 97, 1997 Rev Ed) section 105Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Outraging modesty
  • Rape
  • Criminal force
  • Penetration
  • Venous leak
  • Medical evidence
  • Hymen tears
  • Sexual assault

15.2 Keywords

  • Rape
  • Outrage of Modesty
  • Criminal Law
  • Singapore
  • Appeal
  • Conviction
  • Medical Evidence

17. Areas of Law

Area NameRelevance Score
Sexual Offences90
Rape90
Criminal Law90
Outrage of Modesty60
Criminal Procedure40
Evidence30
Personal Injury10

16. Subjects

  • Criminal Law
  • Sexual Offences
  • Evidence