Ang Lilian v Public Prosecutor: Maid Abuse, Voluntarily Causing Hurt, Penal Code
In Ang Lilian v Public Prosecutor, the Singapore High Court heard an appeal by Ang Lilian against her conviction and sentence for eleven charges of voluntarily causing hurt to her domestic maid and one charge of using criminal force. The High Court dismissed the appeals against both conviction and sentence, finding that the District Judge's findings were not plainly wrong or against the weight of the evidence. The court enhanced the aggregate imprisonment term from 14 months to 16 months, determining that the original sentence was manifestly inadequate given the gravity of the offenses.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Appeals against both conviction and sentence dismissed; aggregate imprisonment term enhanced from 14 months to 16 months.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment on maid abuse. Ang Lilian appeals conviction and sentence for voluntarily causing hurt. Appeal dismissed; sentence enhanced.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ang Lilian (Hong Lilian) | Appellant | Individual | Appeal Dismissed | Lost | Foo Cheow Ming |
| Public Prosecutor | Respondent | Government Agency | Appeal Upheld in Part | Partial | Lu Zhuoren, John, Stephanie Koh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Foo Cheow Ming | Templars Law LLC |
| Lu Zhuoren | Attorney-General’s Chambers |
| John | Attorney-General’s Chambers |
| Stephanie Koh | Attorney-General’s Chambers |
4. Facts
- The appellant was convicted of eleven charges of voluntarily causing hurt to her domestic maid.
- The victim was a 27-year-old Myanmar national employed by the appellant.
- The abuse occurred between January 2013 and May 2013.
- The appellant used various household objects to cause hurt to the victim, including a three-pin plug, a dustpan, and a cane.
- The victim sustained visible injuries to her face and neck.
- The appellant claimed trial and denied the charges.
- A neighbor reported the abuse to the police.
5. Formal Citations
- Ang Lilian (Hong Lilian) v Public Prosecutor, Magistrate’s Appeal No 9208 of 2016/01, [2017] SGHC 119
- Public Prosecutor v Ang Lilian, , [2016] SGMC 55
6. Timeline
| Date | Event |
|---|---|
| Victim employed by the appellant | |
| Appellant knocked the victim’s head three times with her fist on two occasions | |
| Appellant dragged the victim to the toilet, sprayed water at her eyes with a water hose, and slapped her more than once | |
| Appellant used a three-pin plug to hit the victim’s head once, pulled her hair, threw her onto the floor, and slapped her multiple times | |
| Appellant slapped the victim’s face about 10 times | |
| Appellant dragged the victim by her hair into the bathroom and sprayed water on her eyes with the shower head | |
| Appellant used a dustpan to hit the victim’s head multiple times | |
| Appellant used a towel to hit the victim multiple times on her face and body | |
| Appellant used a cane to hit the victim’s head multiple times | |
| Appellant hit the victim’s head once with her fist | |
| Appellant slapped the victim about three times, pushed her to the floor, and kicked her buttock once | |
| Ms. Santhi made a police report | |
| Victim examined at Changi General Hospital | |
| Prosecution offered June Siew Geok Kim to the defence as a defence witness | |
| Appellant informed the court that she did not intend to call June Siew as a witness | |
| Judgment date | |
| Judgment date |
7. Legal Issues
- Voluntarily Causing Hurt
- Outcome: The court upheld the conviction for voluntarily causing hurt, finding that the evidence supported the charges.
- Category: Substantive
- Sentencing
- Outcome: The court found the original sentence manifestly inadequate and enhanced the aggregate imprisonment term.
- Category: Procedural
- Credibility of Witnesses
- Outcome: The court found the victim and Ms. Santhi to be credible witnesses, despite some inconsistencies in their testimonies.
- Category: Procedural
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Voluntarily Causing Hurt
- Using Criminal Force
10. Practice Areas
- Criminal Appeals
- Criminal Law
11. Industries
- Household Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ADF v Public Prosecutor | Court of Appeal | Yes | [2010] 1 SLR 874 | Singapore | Cited for the principle that the appellate court will only interfere with findings of fact if they are plainly wrong or against the weight of the evidence. |
| Jagatheesan s/o Krishnasamy v Public Prosecutor | Court of Appeal | Yes | [2006] 4 SLR(R) 4537 | Singapore | Cited for the principle that the trial judge has the benefit of having observed the witness in court. |
| Garmaz s/o Pakhar and another v Public Prosecutor | N/A | Yes | [1995] 3 SLR(R) 453 | Singapore | Cited for the principle that the overall consideration is whether any error or omission in framing the charge was such as to cause the appellants to be prejudiced or misled. |
| Public Prosecutor v Singh Kalpanath | N/A | Yes | [1995] 3 SLR(R) 158 | Singapore | Cited for the principle that when a witness gives evidence on matters after a significant lapse of time, adequate allowance must be accorded to the human fallibility in retention and recollection. |
| Goh Han Heng v Public Prosecutor | N/A | Yes | [2003] 4 SLR(R) 374 | Singapore | Cited for the principle that where the accused can show that the complainant has a motive to falsely implicate him, then the burden must fall on the Prosecution to disprove that motive. |
| Public Prosecutor v AOM | N/A | Yes | [2011] 2 SLR 1057 | Singapore | Cited for the principle that the absence of aggravating factors is not in itself mitigatory. |
| Janardana Jayasankarr v Public Prosecutor | N/A | Yes | [2016] 4 SLR 1288 | Singapore | Cited for the principle that in cases where the abuses were prolonged, a clean record is given no weight as a mitigating factor. |
| Public Prosecutor v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR(R) | Singapore | Cited for the principle that an appellate court may also interfere with a sentence imposed by a lower court where the trial judge had made the wrong decision as to the proper factual matrix for sentence, had erred in appreciating the material before him, or the sentence was wrong in principle. |
| Public Prosecutor v Cheong Hock Lai | N/A | Yes | [2004] 3 SLR(R) | Singapore | Cited for the principle that an appellate court may also interfere with a sentence imposed by a lower court where the trial judge had made the wrong decision as to the proper factual matrix for sentence, had erred in appreciating the material before him, or the sentence was wrong in principle. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 323 read with s 73(2) of the Penal Code | Singapore |
| s 352 of the Penal Code | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 128 of the Criminal Procedure Code | Singapore |
| s 129(3) CPC | Singapore |
| s 129(4) CPC | Singapore |
| s 390(1) of the CPC | Singapore |
| s 394 | Singapore |
| s 95 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Domestic Maid Abuse
- Voluntarily Causing Hurt
- Gravitational Seepage
- Manifestly Excessive
- Manifestly Inadequate
- Deterrence
- Retribution
- Aggravating Factors
- Mitigating Factors
15.2 Keywords
- maid abuse
- voluntarily causing hurt
- criminal law
- singapore
- high court
- appeal
- sentence
- domestic violence
16. Subjects
- Criminal Law
- Sentencing
- Domestic Violence
- Maid Abuse
17. Areas of Law
- Criminal Law
- Domestic Violence
- Penal Code
- Criminal Procedure