Public Prosecutor v Thompson Matthew: Outraging Modesty on Flight, Sentencing Appeal
In Public Prosecutor v Thompson Matthew [2018] SGHC 179, the High Court of Singapore heard the prosecution's appeal against the sentence imposed on Matthew Thompson for outraging the modesty of an air stewardess during a flight from Sydney to Singapore in September 2017. Thompson was convicted on two charges under s 354(1) of the Penal Code read with s 3(1) of the Tokyo Convention Act. The District Judge sentenced Thompson to four months' imprisonment for the first charge and one month for the second, to run concurrently. The prosecution argued the sentence was manifestly inadequate, and the High Court allowed the appeal in part, increasing the sentence for the first charge to six months' imprisonment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The prosecution appealed against the sentence for outraging the modesty of an air stewardess on a flight. The High Court increased the sentence to six months' imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed in Part | Partial | Gail Wong of Attorney-General’s Chambers |
| Thompson, Matthew | Respondent | Individual | Sentence Increased | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gail Wong | Attorney-General’s Chambers |
| Foo Cheow Ming | Foo Cheow Ming Chambers |
4. Facts
- The respondent touched the victim's hip, stomach, and lower breast in one motion.
- The victim was an air stewardess performing her duties on a flight.
- The incident occurred on a Singapore-registered Scoot flight from Sydney to Singapore.
- The victim cried and felt fear after the incident.
- The victim requested redeployment to non-Australian routes.
- The respondent was convicted on two charges under s 354(1) of the Penal Code read with s 3(1) of the Tokyo Convention Act.
5. Formal Citations
- Public Prosecutor v Thompson, Matthew, Magistrate’s Appeal No 9103/2018/01, [2018] SGHC 179
- Public Prosecutor v Thompson Matthew, , [2018] SGMC 22
6. Timeline
| Date | Event |
|---|---|
| Incident occurred on a Scoot flight from Sydney to Singapore | |
| Hearing date | |
| Judgment issued |
7. Legal Issues
- Outraging Modesty
- Outcome: The court found that the District Judge erred in his application of the Kunasekaran framework and increased the sentence.
- Category: Substantive
- Related Cases:
- [2018] SGHC 9
- Sentencing Framework for Outraging Modesty
- Outcome: The court clarified the application of the Kunasekaran framework, especially in the context of offences committed on board an aircraft.
- Category: Procedural
- Related Cases:
- [2018] SGHC 9
8. Remedies Sought
- Increased Sentence
9. Cause of Actions
- Outrage of Modesty
10. Practice Areas
- Criminal Appeals
11. Industries
- Aviation
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor | High Court | Yes | [2018] SGHC 9 | Singapore | Cited for the sentencing framework for s 354(1) Penal Code offences. |
| GBR v Public Prosecutor | High Court | Yes | [2018] 3 SLR 1048 | Singapore | Cited as the origin of the sentencing framework adapted for s 354(1) Penal Code offences. |
| Wong Hoi Len v Public Prosecutor | High Court | Yes | [2009] 1 SLR(R) 115 | Singapore | Cited as authority that the commission of offences against public transport workers immediately warrants a custodial sentence. |
| Stansilas Fabian Kester v Public Prosecutor | High Court | Yes | [2017] 5 SLR 755 | Singapore | Cited for the proposition that the mitigating weight to be attributed to a lessened need to specifically deter an offender may be offset by the interest of general deterrence. |
| Balasubramanian Palaniappa Vaiyapuri v Public Prosecutor | N/A | No | [2002] 1 SLR(R) 138 | Singapore | Distinguished on the facts as the offender carried out offending acts three times during the journey. |
| Public Prosecutor v Pierre Gauthier | District Court | No | [2004] SGDC 92 | Singapore | Distinguished on the facts as it was a flight captain who outraged the modesty of a flight stewardess, thus attracting concerns of abuse of authority. |
| Public Prosecutor v Tan Fook Sum | N/A | No | [1999] 1 SLR(R) 1022 | Singapore | Cited as an example of 'air rage' where a passenger endangered the safety of the aircraft. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 354(1) | Singapore |
| Tokyo Convention Act (Cap 327, 1985 Rev Ed) s 3(1) | Singapore |
| Air Navigation Act (Cap 6, 2014 Rev Ed) | Singapore |
| Air Navigation Act s 8B(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Outrage of Modesty
- Air Stewardess
- Sentencing Framework
- Tokyo Convention Act
- Public Transport Worker
- General Deterrence
- Specific Deterrence
15.2 Keywords
- Outrage of Modesty
- Air Stewardess
- Sentencing
- Singapore
- Flight
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Outrage of Modesty | 95 |
| Sentencing | 90 |
| Public Transport Worker Offences | 80 |
| Criminal Procedure | 75 |
| Offences | 60 |
| Personal Injury | 50 |
| Criminal Revision | 40 |
| Torts | 30 |
| Administrative Law | 20 |
| Admiralty and Maritime Law | 10 |
16. Subjects
- Criminal Law
- Aviation Law
- Sentencing