Isham bin Kayubi v Public Prosecutor: Appeal Against Conviction and Sentence for Rape and Sexual Assault
Isham bin Kayubi appealed to the Court of Appeal of the Republic of Singapore against his conviction and sentence for four counts of rape and two counts of sexual assault by penetration, involving two 14-year-old victims. The High Court had previously sentenced him to 32 years' imprisonment and 24 strokes of the cane. The Court of Appeal, comprising Andrew Phang Boon Leong JA, Steven Chong JA, and Quentin Loh J, dismissed the appeal, finding no merit in his arguments that the sexual acts were consensual and that he was unfairly deprived of legal representation.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Isham bin Kayubi appeals against his conviction and sentence for rape and sexual assault of two 14-year-old girls. The Court of Appeal dismissed the appeal, finding no merit.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | James Chew of Attorney-General’s Chambers Jane Lim of Attorney-General’s Chambers Angela Ang of Attorney-General’s Chambers |
| Isham bin Kayubi | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Steven Chong | Judge of Appeal | No |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| James Chew | Attorney-General’s Chambers |
| Jane Lim | Attorney-General’s Chambers |
| Angela Ang | Attorney-General’s Chambers |
4. Facts
- The appellant faced charges for rape and sexual assault against two 14-year-old victims.
- The victims were lured to the appellant's flat under false pretenses.
- The appellant made the victims engage in sexual acts against their will.
- The appellant recorded videos of the assaults on his mobile phone.
- The appellant threatened the victims to ensure their compliance.
- The victims' testimonies had striking similarities.
- The appellant had previous convictions for similar offences.
5. Formal Citations
- Isham bin Kayubi v Public Prosecutor, Criminal Appeal No 4 of 2020, [2020] SGCA 42
- Public Prosecutor v Isham bin Kayubi, , [2020] SGHC 44
6. Timeline
| Date | Event |
|---|---|
| Second victim received a Whatsapp message from the appellant. | |
| Second victim asked to borrow $20 from the appellant. | |
| Appellant picked up the second victim and took her to his flat. | |
| First victim was introduced to the appellant. | |
| Appellant sent the first victim home. | |
| Appellant saw the first victim at her boyfriend's flat. | |
| Criminal Case No 34 of 2019 commenced. | |
| Appellant underwent psychiatric evaluation. | |
| Trial commenced. | |
| Judgment delivered. |
7. Legal Issues
- Consent in Sexual Offences
- Outcome: The court found that the victims did not consent to the sexual acts.
- Category: Substantive
- Right to Counsel
- Outcome: The court held that the appellant was not unfairly deprived of the opportunity to present his case.
- Category: Procedural
- Related Cases:
- [2008] 4 SLR(R) 306
- Sentencing for Sexual Offences
- Outcome: The court upheld the sentence imposed by the High Court.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 449
- [2017] 2 SLR 1015
8. Remedies Sought
- Appeal against Conviction
- Appeal against Sentence
9. Cause of Actions
- Rape
- Sexual Assault by Penetration
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Isham bin Kayubi | High Court | Yes | [2020] SGHC 44 | Singapore | The High Court's decision convicting and sentencing the appellant is being appealed. |
| 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 sexual assault by penetration offences. |
| Tan Chor Jin v Public Prosecutor | Court of Appeal | Yes | [2008] 4 SLR(R) 306 | Singapore | Cited for the principle that an accused person's right to counsel is not absolute. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Section 375(1)(a) of the Penal Code | Singapore |
| Section 376(1)(a) of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Sexual Assault
- Consent
- Threats
- Victims
- Penal Code
- Sentence
- Appeal
- Corroborative Evidence
- Vulnerable Victims
15.2 Keywords
- rape
- sexual assault
- criminal law
- singapore
- appeal
- consent
- isham bin kayubi
- public prosecutor
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Sexual Offences | 95 |
| Penal Code | 70 |
| Criminal Procedure | 40 |
| Appeal | 30 |
16. Subjects
- Criminal Law
- Sexual Offences
- Appeals