Ang Zhu Ci Joshua v Public Prosecutor: Appeal Against Sentence for Filming Upskirt Videos
Ang Zhu Ci Joshua appealed to the High Court of Singapore against a 36-week imprisonment sentence imposed by the district court for 15 charges of filming or attempting to film "upskirt" videos. The High Court, considering the appellant's mental condition, rehabilitation progress, and family support, allowed the appeal in part, reducing the global sentence to 24 weeks' imprisonment. The court balanced the principles of deterrence, retribution, and rehabilitation.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Criminal
1.4 Judgment Type
Oral Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against a 36-week imprisonment sentence for filming upskirt videos. The High Court reduced the sentence to 24 weeks, balancing deterrence and rehabilitation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ang Zhu Ci Joshua | Appellant | Individual | Appeal allowed in part | Partial | Quek Mong Hua, Desmond Tan, Alexis Loo |
| Public Prosecutor | Respondent | Government Agency | Appeal partially successful | Partial | Agnes Chan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Quek Mong Hua | Lee & Lee |
| Desmond Tan | Lee & Lee |
| Alexis Loo | Lee & Lee |
| Agnes Chan | Attorney-General’s Chambers |
4. Facts
- The Appellant was charged with 127 counts of filming or attempting to film "upskirt" videos.
- The Appellant pleaded guilty to 15 charges, with the remaining charges taken into consideration.
- The district judge sentenced the Appellant to 36 weeks' imprisonment.
- The Appellant appealed against the sentence.
- The Appellant was diagnosed with depressive illness with obsessive-compulsive features.
- The Appellant has been undergoing intensive psychiatric therapy and counselling.
- The Appellant has strong support from his family, friends, and church.
5. Formal Citations
- Ang Zhu Ci Joshua v Public Prosecutor, Magistrate’s Appeal No 9019 of 2016, [2016] SGHC 143
6. Timeline
| Date | Event |
|---|---|
| Appellant apprehended | |
| Judgment reserved | |
| Oral judgment |
7. Legal Issues
- Sentencing
- Outcome: The court reduced the sentence, balancing deterrence, retribution, and rehabilitation.
- Category: Substantive
- Sub-Issues:
- Mitigating factors
- Rehabilitation
- Public interest
- Deterrence
- Related Cases:
- [2015] 3 SLR 222
- [2014] SGDC 176
- [2011] SGDC 26
- [1995] 3 SLR(R) 746
- [2008] 2 SLR(R) 1019
8. Remedies Sought
- Appeal against sentence
- Probation
9. Cause of Actions
- Violation of Section 509 of the Penal Code
- Violation of Section 511 read with Section 509 of the Penal Code
10. Practice Areas
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Chong Hou En | High Court | Yes | [2015] 3 SLR 222 | Singapore | Cited for the principle that the mitigating value of a mental condition depends on the extent to which it impairs the individual's ability to control their actions. |
| Public Prosecutor v Be Keng Hoon | District Court | Yes | [2014] SGDC 176 | Singapore | Cited as a precedent case for sentencing in similar offences, but distinguished due to the appellant's significant rehabilitation progress. |
| Public Prosecutor v Soo Ee Hock | District Court | Yes | [2011] SGDC 26 | Singapore | Cited as a precedent case for sentencing in similar offences, but distinguished due to the lack of evidence of successful rehabilitation. |
| Tan Kiang Kwang v Public Prosecutor | Court of Appeal | Yes | [1995] 3 SLR(R) 746 | Singapore | Cited for the principle that evidence of an accused's positive change between the commission of the offence and the date of sentencing can be taken into account. |
| Chan Kum Hong Randy v Public Prosecutor | Court of Appeal | Yes | [2008] 2 SLR(R) 1019 | Singapore | Cited for the principle that rehabilitation underway during a delay between the commission of an offence and its disposition should be given due weight. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 509 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 511 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Upskirt videos
- Sentencing
- Rehabilitation
- Deterrence
- Mental condition
- Remorse
- Public interest
15.2 Keywords
- upskirt
- filming
- sentence
- appeal
- rehabilitation
- deterrence
- mental health
16. Subjects
- Criminal Law
- Sentencing
- Criminal Procedure
17. Areas of Law
- Criminal Law
- Sentencing
- Criminal Procedure