Public Prosecutor v Lee Ah Choy: Sentencing for Rape, Aggravated Outrage of Modesty, and Criminal Intimidation
In Public Prosecutor v Lee Ah Choy, the High Court of Singapore sentenced Lee Ah Choy on 5 August 2016, after he pleaded guilty to charges of rape, aggravated outrage of modesty, and criminal intimidation against a 12-year-old victim. The court sentenced Lee to 16 years and 12 strokes of the cane for rape, four years and six strokes of the cane for aggravated outrage of modesty, and six months for criminal intimidation, with some sentences running consecutively, resulting in a total sentence of 16½ years of imprisonment and 18 strokes of the cane. The court also considered an abduction charge for sentencing purposes.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 16½ years of imprisonment and 18 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lee Ah Choy was sentenced for rape, aggravated outrage of modesty, and criminal intimidation against a 12-year-old victim. The High Court imposed a total sentence of 16.5 years' imprisonment and 18 strokes of the cane.
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 | Dillon Kok of Attorney-General’s Chambers Shahla Iqbal of Attorney-General’s Chambers |
| Lee Ah Choy | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Dillon Kok | Attorney-General’s Chambers |
| Shahla Iqbal | Attorney-General’s Chambers |
| Siaw Kin Yeow, Richard | JusEquity Law Corporation |
4. Facts
- The accused pleaded guilty to rape, aggravated outrage of modesty, and criminal intimidation.
- The victim was a 12-year-old girl at the time of the offences.
- The accused used a paper cutter to threaten the victim.
- The accused digitally penetrated the victim's vagina.
- The accused had sexual intercourse with the victim.
- The accused abducted the victim from the void deck of her HDB block.
- The accused's DNA matched semen found at the scene and in the victim's genital area.
5. Formal Citations
- Public Prosecutor v Lee Ah Choy, Criminal Case No 29 of 2016, [2016] SGHC 154
6. Timeline
| Date | Event |
|---|---|
| Accused committed rape, aggravated outrage of modesty, and criminal intimidation. | |
| Victim's father lodged a police report. | |
| Accused was arrested for an unrelated matter. | |
| Accused was remanded. | |
| Hearing took place. | |
| Judgment was delivered. |
7. Legal Issues
- Sentencing for Rape
- Outcome: The court imposed a sentence of 16 years of imprisonment and 12 strokes of the cane.
- Category: Substantive
- Related Cases:
- [2006] 4 SLR(R) 849
- Sentencing for Aggravated Outrage of Modesty
- Outcome: The court imposed a sentence of four years of imprisonment and six strokes of the cane.
- Category: Substantive
- Related Cases:
- [2010] 1 SLR 417
- [2010] SGDC 479
- Sentencing for Criminal Intimidation
- Outcome: The court imposed a sentence of six months of imprisonment.
- Category: Substantive
- Related Cases:
- [2006] 4 SLR(R) 10
- [2008] 1 SLR(R) 601
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Rape
- Aggravated Outrage of Modesty
- Criminal Intimidation
- Abduction
10. Practice Areas
- Criminal Law
- Sentencing
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 the framework setting out four categories of rape and the benchmark sentences in Singapore for each category. |
| R v William Christopher Millberry | English Court of Appeal | Yes | [2003] 2 Cr App R (S) 31 | England and Wales | Cited for the framework setting out four categories of rape. |
| Public Prosecutor v Huang Shiyou | Unknown | Yes | [2010] 1 SLR 417 | Singapore | Cited as a precedent case for sentencing in aggravated outrage of modesty. |
| Public Prosecutor v Thangavelu Tamilsevam | District Court | Yes | [2010] SGDC 479 | Singapore | Cited as a precedent case for sentencing in aggravated outrage of modesty. |
| Tan Kay Beng v Public Prosecutor | Unknown | Yes | [2006] 4 SLR(R) 10 | Singapore | Cited for the principle that a guilty plea merits a discount in sentence. |
| Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik | Unknown | Yes | [2008] 1 SLR(R) 601 | Singapore | Cited as a precedent case for sentencing in criminal intimidation. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) section 376(2) | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) section 354 | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) section 354A(2)(b) | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) section 506 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) section 148 | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) section 366 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Aggravated Outrage of Modesty
- Criminal Intimidation
- Abduction
- Sentencing
- Victim Impact Statement
- DNA Evidence
- Paper Cutter
15.2 Keywords
- Rape
- Aggravated Outrage of Modesty
- Criminal Intimidation
- Sentencing
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Rape | 98 |
| Criminal Law | 95 |
| Aggravated Outrage of Modesty | 92 |
| Sentencing | 90 |
| Criminal Intimidation | 88 |
| Criminal Procedure | 85 |
| Abduction | 70 |
| Offences | 60 |
| Penal Code | 50 |
16. Subjects
- Criminal Law
- Sentencing