Public Prosecutor v Ridhaudin Ridhwan: Rape, Attempted Rape, Sexual Penetration, and Outrage of Modesty
In the High Court of Singapore, Ridhaudin Ridhwan bin Bakri, Muhammad Faris bin Ramlee, and Asep Ardiansyah were tried for sexual offences against a female Singaporean. Ridhwan was convicted of sexual assault by penetration, rape, and outrage of modesty. Faris was convicted of rape. Asep was convicted of sexual assault by penetration and attempted rape. The court determined appropriate sentences for each charge, considering relevant sentencing frameworks and aggravating/mitigating factors, ordering some sentences to run consecutively.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused persons convicted and sentenced for various sexual offences.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment for sexual offences: Rape, attempted rape, sexual penetration, and outrage of modesty. Accused persons convicted and sentenced.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction and sentencing of the accused persons | Won | Charlene Tay Chia of Attorney-General’s Chambers Gregory Gan of Attorney-General’s Chambers |
| Asep Ardiansyah | Defendant | Individual | Convicted and sentenced | Lost | |
| Ridhaudin Ridhwan Bin Bakri | Defendant | Individual | Convicted and sentenced | Lost | |
| Muhammad Faris Bin Ramlee | Defendant | Individual | Convicted and sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Charlene Tay Chia | Attorney-General’s Chambers |
| Gregory Gan | Attorney-General’s Chambers |
| Tan Chor Hoon Alice | Intelleigen Legal LLC |
| Ngiam Hian Theng Diana | Quahe Woo & Palmer LLC |
| Ng Joel Yuan-Ming | Quahe Woo & Palmer LLC |
| Ng Huiling Cheryl | Intelleigen Legal LLC |
4. Facts
- The Complainant was 18 years old at the time of the offences.
- The three accused persons were each 20 years old at the time of the offences.
- The offences occurred in Room 310 of the Duxton Hotel on 26 January 2014.
- The Complainant was intoxicated at the time of the offences.
- Ridhwan committed sexual assault by penetration, rape, and outrage of modesty against the Complainant.
- Faris committed rape against the Complainant.
- Asep committed sexual assault by penetration and attempted rape against the Complainant.
5. Formal Citations
- Public Prosecutor v Ridhaudin Ridhwan bin Bakri and others, Criminal Case No 35 of 2016, [2019] SGHC 191
- Public Prosecutor v Ridhaudin Ridhwan bin Bakri and others, , [2019] SGHC 105
6. Timeline
| Date | Event |
|---|---|
| Sexual offences committed against the Complainant in the Duxton Hotel. | |
| Criminal Case No 35 of 2016 filed. | |
| Judgment delivered: Ridhwan, Faris, and Asep convicted on various charges. | |
| Ridhwan convicted on the 1st, 2nd, and 3rd Charges. | |
| Faris convicted on the 4th Charge and acquitted on the 5th Charge. | |
| Asep convicted on the 6th and 7th Charges. | |
| Sentencing hearing held. | |
| Sentences for the accused persons were delivered. |
7. Legal Issues
- Rape
- Outcome: The court applied the sentencing framework in Ng Kean Meng Terence v Public Prosecutor to determine the appropriate sentence for the rape offences.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 449
- [2017] 2 SLR 1015
- Attempted Rape
- Outcome: The court adapted the Terence Ng framework to determine the appropriate sentence for the attempted rape offence.
- Category: Substantive
- Related Cases:
- [2017] 3 SLR 933
- Sexual Assault by Penetration
- Outcome: The court applied the sentencing framework in Pram Nair v Public Prosecutor to determine the appropriate sentence for the sexual assault by penetration offences.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 1015
- Outrage of Modesty
- Outcome: The court applied the sentencing framework in Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor to determine the appropriate sentence for the outrage of modesty offence.
- Category: Substantive
- Related Cases:
- [2018] 4 SLR 580
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Rape
- Attempted Rape
- Sexual Assault by Penetration
- Outrage of Modesty
10. Practice Areas
- Criminal Law
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing framework for rape offences. |
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing framework for digital-vaginal penetration offences, adapted for digital-anal penetration and fellatio offences. |
| Public Prosecutor v Chua Hock Leong | Court of Appeal | Yes | [2018] SGCA 32 | Singapore | Defence referred to this case, arguing for a lower sentence for the 6th Charge (fellatio). |
| Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor | High Court | Yes | [2018] 4 SLR 580 | Singapore | Cited for the sentencing framework for outrage of modesty offences. |
| Ng Jun Xian v Public Prosecutor | High Court | Yes | [2017] 3 SLR 933 | Singapore | Defence referred to this case, arguing for a lower sentence for the 7th Charge (attempted rape). |
| Public Prosecutor v BMR | High Court | Yes | [2019] 3 SLR 270 | Singapore | Cited regarding the assessment of harm caused to the victim as an aggravating factor in rape cases. |
| Lai Oei Mui Jenny v Public Prosecutor | High Court | Yes | [1993] 2 SLR(R) 406 | Singapore | Cited regarding the consideration of family hardship in sentencing. |
| Public Prosecutor v Mohammad Al-Ansari bin Basri | High Court | Yes | [2008] 1 SLR(R) 449 | Singapore | Cited regarding the principles of rehabilitation and deterrence for young offenders. |
| Public Prosecutor v Wang Jian Bin | High Court | Yes | [2011] SGHC 212 | Singapore | Cited regarding the consideration of youth in sentencing for rape. |
| Haliffie bin Mamat v Public Prosecutor and other appeals | Court of Appeal | Yes | [2016] 5 SLR 636 | Singapore | Cited regarding the consideration of youth and lack of prior antecedents as mitigating factors. |
| A Karthik v Public Prosecutor | High Court | Yes | [2018] 5 SLR 1289 | Singapore | Cited regarding rehabilitation as a dominant sentencing consideration for youthful offenders. |
| Public Prosecutor v Pram Nair | High Court | Yes | [2016] 5 SLR 1169 | Singapore | Cited regarding the lack of prior antecedents not always being a mitigating factor. |
| Public Prosecutor v Muhammad Fadly Bin Abdull Wahab | High Court | Yes | [2016] SGHC 160 | Singapore | Cited regarding the sentence imposed on another individual who raped the same victim. |
| Public Prosecutor v BMD | High Court | Yes | [2013] SGHC 235 | Singapore | Cited regarding the severity of digital-anal penetration compared to other penetration offences. |
| Public Prosecutor v Tan Meng Soon Bernard | High Court | Yes | [2019] 3 SLR 1146 | Singapore | Cited regarding the applicability of the Pram Nair framework to fellatio offences. |
| Public Prosecutor v BVZ | High Court | Yes | [2019] SGHC 83 | Singapore | Cited regarding the application of the Pram Nair framework to fellatio offences and aggravating factors. |
| Public Prosecutor v Chow Yee Sze | High Court | Yes | [2011] 1 SLR 481 | Singapore | Cited regarding caning for offences involving intrusions upon the victim’s private parts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code | Singapore |
| s 376(2)(a) of the Penal Code | Singapore |
| s 376(3) of the Penal Code | Singapore |
| s 375(1)(a) of the Penal Code | Singapore |
| s 375(2) of the Penal Code | Singapore |
| s 354(1) of the Penal Code | Singapore |
| s 376(1)(a) of the Penal Code | Singapore |
| s 511 of the Penal Code | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 307 of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Attempted Rape
- Sexual Assault by Penetration
- Outrage of Modesty
- Sentencing Framework
- Aggravating Factors
- Mitigating Factors
- Vulnerable Victim
- Digital-Anal Penetration
- Fellatio
15.2 Keywords
- Rape
- Sexual Assault
- Outrage of Modesty
- Singapore
- Criminal Law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Sexual Offences | 95 |
| Rape | 95 |
| Criminal Procedure | 90 |
| Sexual Penetration | 90 |
| Attempted Rape | 90 |
| Sentencing | 90 |
| Outrage of Modesty | 85 |
16. Subjects
- Criminal Law
- Sexual Offences
- Sentencing