PP v Lim Choon Beng: Rape, Aggravated Outrage of Modesty & Penile-Oral Penetration on Public Roads
In Public Prosecutor v Lim Choon Beng, the High Court of Singapore sentenced Lim Choon Beng for aggravated outrage of modesty, two counts of rape, and one count of penile-oral penetration without consent. The incidents occurred on 9 February 2013, along public roads. Foo Chee Hock JC sentenced Lim to 16 years, 10 months and 2 weeks’ imprisonment, and 22 strokes of the cane.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 16 years, 10 months and 2 weeks’ imprisonment, and 22 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Lim Choon Beng was convicted of rape and sexual assault, including aggravated outrage of modesty and penile-oral penetration, committed on a victim on public roads. The court sentenced him to imprisonment and 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 | Zhuo Wenzhao of Attorney-General’s Chambers Christine Liu of Attorney-General’s Chambers Lin Yinbing of Attorney-General’s Chambers |
| Lim Choon Beng | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Foo Chee Hock | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Zhuo Wenzhao | Attorney-General’s Chambers |
| Christine Liu | Attorney-General’s Chambers |
| Lin Yinbing | Attorney-General’s Chambers |
| Anand Nalachandran | TSMP Law Corporation |
| Cai Chengying | Allen & Gledhill LLP |
4. Facts
- The accused raped and sexually assaulted the victim at three locations along public roads.
- The victim was walking home alone at about 3:00 a.m. when the accused approached her.
- The accused grabbed the victim's buttocks and later forced her to the ground.
- The accused committed aggravated outrage of modesty by grabbing and kissing the victim's left breast.
- The accused raped the victim at two different locations.
- The accused forced the victim to perform oral sex on him.
- The victim's blood was found on the accused's underwear and pants, and the accused's DNA was found on the victim's bra cup.
- The victim suffered psychological harm and financial loss as a result of the attacks.
5. Formal Citations
- Public Prosecutor v Lim Choon Beng, Criminal Case No 19 of 2014, [2016] SGHC 169
6. Timeline
| Date | Event |
|---|---|
| Accused raped and sexually assaulted the victim | |
| Victim identified the accused to the police | |
| Accused made a statement | |
| Accused convicted and sentenced on offences under the Moneylenders Act | |
| Victim seen at the Institute of Mental Health for a psychiatric assessment | |
| Criminal Case No 19 of 2014 filed | |
| Victim Impact Statement concluded | |
| Hearing | |
| Judgment issued |
7. Legal Issues
- Rape
- Outcome: Accused found guilty of two counts of rape.
- Category: Substantive
- Sub-Issues:
- Lack of consent
- Penetration
- Aggravated Outrage of Modesty
- Outcome: Accused found guilty of aggravated outrage of modesty.
- Category: Substantive
- Sub-Issues:
- Use of criminal force
- Intention to outrage modesty
- Voluntary wrongful restraint
- Penile-Oral Penetration without Consent
- Outcome: Accused found guilty of penile-oral penetration without consent.
- Category: Substantive
- Sub-Issues:
- Lack of consent
- Penile-oral penetration
- Sentencing
- Outcome: Accused sentenced to a total of 16 years, 10 months and 2 weeks’ imprisonment, and 22 strokes of the cane.
- Category: Procedural
- Sub-Issues:
- Aggravating factors
- Mitigating factors
- Totality principle
- Consecutive sentencing
- Intoxication as a Sentencing Factor
- Outcome: The court considered the accused's intoxication as an aggravating factor.
- Category: Substantive
- Sub-Issues:
- Self-induced intoxication
- Alcoholic amnesia
- Guilty Plea as a Mitigating Factor
- Outcome: The court found that the guilty plea had a limited effect on the sentence due to the heinous nature of the offences.
- Category: Procedural
- Sub-Issues:
- Remorse-based approach
- Utilitarian approach
8. Remedies Sought
- Criminal Prosecution
- Imprisonment
- Caning
9. Cause of Actions
- Rape
- Aggravated Outrage of Modesty
- Sexual Assault
10. Practice Areas
- Criminal Law
- Sentencing
- Criminal Procedure
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 | Established four categories of rape and their corresponding sentencing benchmarks. |
| R v William Christopher Millberry | N/A | Yes | [2003] 2 Cr App R (S) 31 | N/A | Enunciated factors for determining the category of rape offences. |
| Public Prosecutor v Haliffie Bin Mamat | High Court | Yes | [2015] SGHC 224 | Singapore | Compared to the present case to argue that the rapes fell between Category 1 and Category 2. |
| Public Prosecutor v Shamsul bin Sa’at | High Court | Yes | [2010] 3 SLR 900 | Singapore | Accused had committed a Category 2 rape on the basis of repeated sexual assaults. |
| Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik | Court of Appeal | Yes | [2008] 1 SLR(R) 601 | Singapore | Addressed the issue of prior relationship between the offender and victim and what effect this should have on the sentence. |
| Public Prosecutor v Chang Kar Meng | High Court | Yes | [2015] SGHC 165 | Singapore | The occurrence of the rapes in a public place was clearly an aggravating factor. |
| Public Prosecutor v AOM | High Court | Yes | [2011] 2 SLR 1057 | Singapore | The very act of rape embodied extreme violence and the lack of other physical injuries was merely a neutral factor. |
| Wong Hoi Len v Public Prosecutor | High Court | Yes | [2009] 1 SLR(R) 115 | Singapore | Self-induced intoxication was in fact an aggravating factor since it could cause a victim to experience increased fear and alarm. |
| Angliss Singapore Pte Ltd v Public Prosecutor | High Court | Yes | [2006] 4 SLR(R) 653 | Singapore | A guilty plea could be considered in mitigation when motivated by genuine remorse, contriteness or regret and/or a desire to facilitate the administration of justice. |
| Ong Seng Hwee v Public Prosecutor | High Court | Yes | [1999] 3 SLR(R) 1 | Singapore | It would be an aggravating factor if evidence was fabricated. |
| Lewis Christine v Public Prosecutor | High Court | Yes | [2001] 2 SLR(R) 131 | Singapore | It would be an aggravating factor if an offender attempted to escape from the crime scene. |
| Seow Fook Thiam v Public Prosecutor | High Court | Yes | [1997] 2 SLR(R) 887 | Singapore | Accused was convicted after trial of one count of aggravated outrage of modesty for using his hand to squeeze the victim’s breasts while wrongfully restraining the victim by holding her from behind. |
| Public Prosecutor v Robiul Bhoreshuddin Mondal | High Court | Yes | [2010] SGHC 10 | Singapore | Accused faced four counts of rape, one count of digital-vaginal penetration, one count of aggravated outrage of modesty and one count of housebreaking by night to commit rape. |
| Sivakumar s/o Selvarajah v Public Prosecutor | High Court | Yes | [2014] 2 SLR 1142 | Singapore | Accused had – under the guise of being a police officer – raped and outraged the modesty of the victim, and forced her to fellate him. |
| BMD v Public Prosecutor | Court of Appeal | Yes | [2015] SGCA 70 | Singapore | Accused was convicted after trial of six charges: two counts of rape, two counts of digital-anal penetration, one charge of penile-anal penetration and one charge of penile-oral penetration. |
| Mohamed Shouffee bin Adam v Public Prosecutor | High Court | Yes | [2014] 2 SLR 998 | Singapore | The totality principle was a rule of limitation and a manifestation of proportionality. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 354A(1) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 375(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 375(2) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(3) | Singapore |
| Films Act, Chapter 107 (1998 Rev. Ed) Section 30(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 22 | Singapore |
| Criminal Procedure Code s 307(1) | Singapore |
| Moneylenders Act (Cap 188, 2010 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Aggravated Outrage of Modesty
- Penile-Oral Penetration
- Sexual Assault
- Intoxication
- Remorse
- Victim Impact Statement
- Public Roads
- Statement of Facts
- DNA Evidence
- Sentencing Factors
- Totality Principle
15.2 Keywords
- Rape
- Sexual Assault
- Outrage of Modesty
- Singapore
- Criminal Law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Sexual Offences | 85 |
| Evidence | 60 |
| Restitution | 40 |
| Torts | 30 |
16. Subjects
- Criminal Law
- Sexual Offences
- Sentencing