Lee Siew Boon Winston v Public Prosecutor: Criminal Force, Outraging Modesty, and Prosecution's Duty of Disclosure
In Lee Siew Boon Winston v Public Prosecutor, the Court of Appeal of Singapore dismissed the applicant's motion for leave to refer questions of law concerning the prosecution's duty of disclosure of unused statements, particularly in the context of a sexual offence. The applicant was previously convicted of using criminal force with the intention to outrage modesty. The court found that the questions raised did not constitute points of public interest and that there was no miscarriage of justice.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Application dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal dismissed an application for leave to refer questions of law regarding the prosecution's duty of disclosure in a criminal case involving outrage of modesty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application dismissed | Won | Sarah Shi of Attorney-General’s Chambers Kow Keng Siong of Attorney-General’s Chambers Sarah Ong of Attorney-General’s Chambers |
| LEE SIEW BOON WINSTON | Applicant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Chao Hick Tin | Justice of the Court of Appeal | No |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sarah Shi | Attorney-General’s Chambers |
| Kow Keng Siong | Attorney-General’s Chambers |
| Sarah Ong | Attorney-General’s Chambers |
| N. Sreenivasan SC | Straits Law Practice LLC |
| S Balamurugan | Straits Law Practice LLC |
| Lim Jie | Straits Law Practice LLC |
4. Facts
- The applicant was convicted of using criminal force on the complainant with the intention to outrage her modesty.
- The applicant appealed against his conviction and sentence, but his appeal was dismissed.
- The applicant applied for leave to refer questions of law to the Court of Appeal.
- The questions of law concerned the prosecution's duty of disclosure of unused statements.
- The applicant admitted to examining the complainant, touching her breast, and possibly her nipples.
- The applicant expressed willingness to apologize and make compensation, admitting he had done wrong.
5. Formal Citations
- Lee Siew Boon Winston v Public Prosecutor, Criminal Motion No 21 of 2015, [2015] SGCA 67
- Lee Siew Boon Winston v Public Prosecutor, , [2015] 4 SLR 1184
- Public Prosecutor v Winston Lee Siew Boon, , [2014] SGDC 308
- Ramalingam Ravinthran v Attorney General, , [2012] 2 SLR 49
- Mohammad Faizal bin Sabtu and another matter v Public Prosecutor and another matter, , [2013] 2 SLR 141
- Bachoo Mohan Singh v Public Prosecutor and other applications, , [2010] 1 SLR 966
- Mah Kiat Seng v Public Prosecutor, , [2011] 3 SLR 859
- James Raj s/o Arokiasamy v Public Prosecutor, , [2014] 3 SLR 750
- Muhammad Bin Kadar and another v Public Prosecutor, , [2011] 3 SLR 1205
6. Timeline
| Date | Event |
|---|---|
| Applicant convicted of using criminal force with intent to outrage modesty. | |
| Application for leave to refer questions of law to the Court of Appeal dismissed. | |
| Applicant volunteered a statement to the police. |
7. Legal Issues
- Prosecution's Duty of Disclosure
- Outcome: The court held that the existing test for disclosure strikes an appropriate balance and does not need to be revisited.
- Category: Procedural
- Sub-Issues:
- Relevance of unused statements
- Credibility of unused statements
- Presumption of Legality
- Outcome: The court held that the presumption of legality applies to the conduct of a case before the court, not just the initial decision to prosecute.
- Category: Procedural
8. Remedies Sought
- Leave to refer questions of law to the Court of Appeal
9. Cause of Actions
- Using criminal force with the intention to outrage modesty
10. Practice Areas
- Criminal Appeals
- Prosecution
- Disclosure Obligations
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ramalingam Ravinthran v Attorney General | Court of Appeal | Yes | [2012] 2 SLR 49 | Singapore | Cited for the presumption of legality of acts done in relation to the exercise of prosecutorial power. |
| Mohammad Faizal bin Sabtu and another matter v Public Prosecutor and another matter | Court of Appeal | Yes | [2013] 2 SLR 141 | Singapore | Cited regarding the limitations on bringing a criminal reference. |
| Bachoo Mohan Singh v Public Prosecutor and other applications | High Court | Yes | [2010] 1 SLR 966 | Singapore | Cited regarding the conditions to be satisfied before leave is granted to bring a criminal reference. |
| Mah Kiat Seng v Public Prosecutor | High Court | Yes | [2011] 3 SLR 859 | Singapore | Cited regarding the court's discretion to refuse leave even where conditions are satisfied. |
| James Raj s/o Arokiasamy v Public Prosecutor | High Court | Yes | [2014] 3 SLR 750 | Singapore | Cited regarding the court's discretion to refuse leave even where conditions are satisfied. |
| Muhammad Bin Kadar and another v Public Prosecutor | Court of Appeal | Yes | [2011] 3 SLR 1205 | Singapore | Cited regarding the Kadar obligation of disclosure. |
| Lee Siew Boon Winston v Public Prosecutor | High Court | Yes | [2015] 4 SLR 1184 | Singapore | The appeal against conviction and sentence was dismissed by the High Court. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 354(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 397(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal force
- Outrage of modesty
- Prosecution's duty of disclosure
- Kadar obligation
- Presumption of legality
- Criminal reference
- Unused statements
15.2 Keywords
- criminal force
- outraging modesty
- prosecution
- disclosure
- criminal motion
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Penal Code | 80 |
| Kadar Disclosure Obligations | 75 |
| Criminal Procedure | 70 |
| Evidence | 60 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Evidence