Tay Wee Kiat v Public Prosecutor: Domestic Maid Abuse Compensation Appeal
Tay Wee Kiat and Chia Yun Ling appealed to the High Court of Singapore against the decision regarding compensation for their offences of domestic helper abuse. The High Court, comprising Sundaresh Menon CJ, Tay Yong Kwang JA, and See Kee Oon J, delivered a supplementary judgment on 8 May 2018, ordering Tay to pay $5,900 and Chia to pay $1,900 in compensation to the victim. The court outlined the principles underpinning criminal compensation and applied them to the facts of the case.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Compensation ordered for the victim; Tay Wee Kiat to pay $5,900 and Chia Yun Ling to pay $1,900.
1.3 Case Type
Criminal
1.4 Judgment Type
Supplementary Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding compensation for domestic helper abuse. The court ordered Tay Wee Kiat to pay $5,900 and Chia Yun Ling to pay $1,900 in compensation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent, Appellant | Government Agency | Appeal Allowed | Won | Sarah Shi of Attorney-General’s Chambers Tan Wen Hsien of Attorney-General’s Chambers Kwek Mean Luck of Attorney-General’s Chambers Alexander Joseph Woon of Attorney-General’s Chambers |
| Tay Wee Kiat | Appellant, Respondent | Individual | Compensation ordered | Lost | |
| Chia Yun Ling | Appellant, Respondent | Individual | Compensation ordered | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Judge of Appeal | No |
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sarah Shi | Attorney-General’s Chambers |
| Tan Wen Hsien | Attorney-General’s Chambers |
| Kwek Mean Luck | Attorney-General’s Chambers |
| Alexander Joseph Woon | Attorney-General’s Chambers |
| Wee Pan Lee | Wee, Tay & Lim LLP |
| Low Chang Yong | Wee, Tay & Lim LLP |
4. Facts
- Tay and Chia were convicted of abusing their domestic helper over two years.
- Tay inflicted injuries including slapping, hitting with canes, kicking, and pulling the victim's hair.
- Chia slapped and punched the victim.
- The victim was unemployed for 32 months after leaving the offenders' household.
- The victim had a two-year employment contract with the offenders at $450 per month.
- The victim returned to Singapore to work for a new employer after being unemployed.
5. Formal Citations
- Tay Wee Kiat and another v Public Prosecutor and another appeal, Magistrate’s Appeals Nos 9079 and 9080 of 2017, [2018] SGHC 114
- Tay Wee Kiat and another v Public Prosecutor and another appeal, , [2018] SGHC 42
6. Timeline
| Date | Event |
|---|---|
| Original hearing date | |
| Judgment delivered | |
| Criminal Justice Reform Act 2018 passed in Parliament | |
| Supplementary judgment issued |
7. Legal Issues
- Appropriateness of Compensation Order
- Outcome: The court determined that a compensation order was appropriate, considering the victim's impecuniosity and the clear link between the offences and the injuries suffered.
- Category: Substantive
- Sub-Issues:
- Assessment of damages
- Causation of damage
- Offender's means to pay
- Quantum of Compensation
- Outcome: The court determined the quantum of compensation based on pain and suffering and loss of earnings, taking into account the victim's duty to mitigate her loss.
- Category: Substantive
- Sub-Issues:
- Pain and suffering
- Medical expenses
- Loss of earnings
8. Remedies Sought
- Compensation
9. Cause of Actions
- Hurt
- Domestic Maid Abuse
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- Domestic Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tay Wee Kiat and another v Public Prosecutor and another appeal | High Court | Yes | [2018] SGHC 42 | Singapore | Cited as the original judgment in this case, where the convictions were affirmed and Tay's sentence was increased. |
| Public Prosecutor v Donohue Enilia | High Court | Yes | [2005] 1 SLR(R) 220 | Singapore | Cited for the principles underpinning criminal compensation, including the purpose of compensation and the factors to consider when making a compensation order. |
| Soh Meiyun v Public Prosecutor | High Court | Yes | [2014] 3 SLR 299 | Singapore | Cited for the principles underpinning criminal compensation, including the purpose of compensation and the obligations of the court to consider compensation. |
| R v Roland Joseph Inwood | Court of Appeal (Criminal Division) | Yes | (1974) 60 Cr App R 70 | England and Wales | Cited for the principle that criminal compensation is a convenient and rapid means of avoiding the expense of civil litigation. |
| Public Prosecutor v Lee Meow Sim Jenny | High Court | Yes | [1993] 3 SLR(R) 369 | Singapore | Cited for the principle that criminal compensation is a convenient and rapid means of avoiding the expense of civil litigation. |
| Public Prosecutor v AOB | High Court | Yes | [2011] 2 SLR 793 | Singapore | Cited for the principle that criminal compensation is a convenient and rapid means of avoiding the expense of civil litigation. |
| Public Prosecutor v Foo Chee Ring | District Court | Yes | [2008] SGDC 298 | Singapore | Cited as an example of a maid abuse case where compensation was awarded for pain and suffering and prospective earnings. |
| Public Prosecutor v Fok Jun Hong Johnson | Magistrate's Court | Yes | [2016] SGMC 19 | Singapore | Cited as an example of a case where compensation was awarded for medical expenses. |
| Public Prosecutor v Anpalaki Muniandy Marimuthu and another | Magistrate's Court | Yes | [2016] SGMC 56 | Singapore | Cited as an example of a case where compensation was awarded for prospective earnings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 359 | Singapore |
| Criminal Justice Reform Act 2018 (No 19 of 2018) | Singapore |
| Civil Law Act (Cap. 43) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Compensation
- Domestic Helper Abuse
- Pain and Suffering
- Prospective Earnings
- Criminal Procedure Code
- Mitigation of Loss
- Impecunious
15.2 Keywords
- Domestic Helper Abuse
- Compensation
- Singapore
- Criminal Law
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Domestic Maid Abuse | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 80 |
| Compensation and costs | 75 |
| Personal Injury | 50 |
| Torts | 30 |
| Civil Litigation | 20 |
16. Subjects
- Criminal Law
- Compensation
- Domestic Violence