PP v Isham bin Kayubi: Rape & Sexual Assault of Minors; Consent; Penal Code Sections 375, 376
In Public Prosecutor v Isham bin Kayubi, the High Court of Singapore convicted Isham bin Kayubi on four charges of rape and two charges of sexual assault by penetration, involving two 14-year-old victims. The court, presided over by See Kee Oon J, rejected the accused's defense of consent and found the prosecution had proven its case beyond a reasonable doubt. The accused was sentenced to a total of 32 years' imprisonment and 24 strokes of the cane, with the sentences for two of the rape charges to run consecutively.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused found guilty and convicted on four charges of rape and two charges of sexual assault by penetration.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Isham bin Kayubi was convicted of rape and sexual assault by penetration of two 14-year-old girls, with the court rejecting his defense of consent.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | James Chew of Attorney-General’s Chambers Jane Lim of Attorney-General’s Chambers |
| Isham bin Kayubi | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| James Chew | Attorney-General’s Chambers |
| Jane Lim | Attorney-General’s Chambers |
4. Facts
- The accused was charged with four counts of rape and two counts of sexual assault by penetration relating to two 14-year-old female victims.
- The accused denied committing the offences, claiming the victims consented and alleging a conspiracy against him.
- The victims testified that the accused brought them to his flat and sexually assaulted them, threatening them with gang violence and circulating videos.
- Videos retrieved from the accused's phone depicted the victims having sexual intercourse with an unknown male subject.
- The accused's semen was found on V1's vaginal swabs and panties, and a medical examination revealed fresh tears on V1's hymen.
- The accused had previous convictions for similar sexual offences against minors.
- The accused behaved erratically during court proceedings, including exposing himself and smearing faeces, leading to concerns about his fitness to plead.
5. Formal Citations
- Public Prosecutor v Isham bin Kayubi, Criminal Case No 34 of 2019, [2020] SGHC 44
6. Timeline
| Date | Event |
|---|---|
| Sexual assault by penetration and rape of V2 | |
| Sexual assault by penetration and rape of V1 | |
| Accused confronted V1 | |
| Rape of V1 | |
| Medical examination of V1 | |
| Accused's arrest | |
| Medical report of V1 | |
| Lawyers from Criminal Legal Aid Scheme discharged | |
| Pre-trial conference | |
| Pre-trial conference | |
| Trial scheduled to commence | |
| Accused remanded at Institute of Mental Health | |
| IMH report prepared by Dr Jerome Goh Hern Yee | |
| Accused's trial to resume | |
| Trial commenced | |
| Prosecution closed its case | |
| Closing submissions by Prosecution | |
| Adjourned hearing date | |
| Judgment issued |
7. Legal Issues
- Rape
- Outcome: The court found the accused guilty of rape.
- Category: Substantive
- Sexual Assault by Penetration
- Outcome: The court found the accused guilty of sexual assault by penetration.
- Category: Substantive
- Consent
- Outcome: The court rejected the accused's defense of consent, finding that the victims did not voluntarily consent to the sexual acts.
- Category: Substantive
- Related Cases:
- [2010] 2 SLR 15
- Fitness to Plead
- Outcome: The court determined that the accused was fit to plead, finding that he was malingering.
- Category: Procedural
- Sentencing
- Outcome: The court sentenced the accused to 16 years’ imprisonment and 12 strokes of the cane in respect of each of the Second, Third, Fourth and Sixth Charges. In respect of the First and Fifth Charges, the court sentenced the accused to 12 years’ imprisonment and eight strokes of the cane per charge. The court further ordered the sentences for the Second and Sixth Charges to run consecutively, resulting in a global sentence of 32 years’ imprisonment, to be backdated to the date of the accused’s arrest, 3 November 2017. Pursuant to s 328 of the CPC, caning was limited to the maximum of 24 strokes.
- Category: Procedural
- Related Cases:
- [2017] 2 SLR 449
- [2017] 2 SLR 1015
- [2019] 2 SLR 764
8. Remedies Sought
- Conviction
- Imprisonment
- Caning
9. Cause of Actions
- Rape
- Sexual Assault by Penetration
10. Practice Areas
- Criminal Law
- Sexual Assault
- Rape
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jagatheesan s/o Krishnasamy v Public Prosecutor | High Court | Yes | [2006] 4 SLR(R) 45 | Singapore | Cited for the assessment of credibility of witnesses. |
| Public Prosecutor v GCK and another matter | Court of Appeal | Yes | [2020] SGCA 2 | Singapore | Cited for the legal proposition that the uncorroborated evidence of a victim must be “unusually convincing” if it is to be accepted as the sole basis for convicting an accused person. |
| Public Prosecutor v Mohd Ariffan bin Mohd Hassan | High Court | Yes | [2019] 2 SLR 490 | Singapore | Cited for the legal proposition that the uncorroborated evidence of a victim must be “unusually convincing” if it is to be accepted as the sole basis for convicting an accused person. |
| PP v Iryan bin Abdul Karim | High Court | Yes | [2010] 2 SLR 15 | Singapore | Cited for the discussion on Section 90 of the Penal Code and the definition of consent. |
| 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 the offence of sexual assault by penetration. |
| BPH v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 764 | Singapore | Cited for the clarification that the Pram Nair framework was applicable to all forms of sexual assault by penetration. |
| Public Prosecutor v Yue Roger Jr | High Court | Yes | [2019] 3 SLR 749 | Singapore | Cited for the principle that victims of sexual assault cannot be expected to react or behave in a stereotypical way. |
| Public Prosecutor v Wee Teong Boo | High Court | Yes | [2019] SGHC 198 | Singapore | Cited for the principle that victims of sexual assault cannot be expected to react or behave in a stereotypical way. |
| DT v Public Prosecutor | High Court | Yes | [2001] 2 SLR(R) 583 | Singapore | Cited for the principle that there is no general rule which requires all victims of sexual assault to report the offences to the authorities in a timely fashion. |
| PP v BRH | High Court | Yes | [2020] SGHC 14 | Singapore | Cited for the principle that the offence-specific and offender-specific factors outlined in Terence Ng apply equally to the offences of rape and sexual assault by penetration. |
| Zeng Guoyuan v Public Prosecutor | High Court | Yes | [1997] 2 SLR(R) 556 | Singapore | Cited for the principle that wholly-exceptional contempt for the court proceedings could be validly regarded as an aggravating factor. |
| Public Prosecutor v Tan Fook Sum | High Court | Yes | [1999] 1 SLR(R) 1022 | Singapore | Cited for the principle that hardship caused to the accused’s family as a result of his punishment is of little mitigatory value except in exceptional circumstances. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 376(1)(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 8(3) of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| s 247(3) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 230(1)(u) of the Criminal Procedure Code | Singapore |
| s 90 of the Penal Code | Singapore |
| s 44 of the Penal Code | Singapore |
| s 328 of the Criminal Procedure Code | Singapore |
| s 377 of the Penal Code | Singapore |
| s 140(1)(i) of the Women’s Charter (Cap 353, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Sexual assault by penetration
- Consent
- Malingering
- Victim vulnerability
- Premeditation
- Threat of harm
- Recording of sexual acts
- Sentencing framework
- General deterrence
- Specific deterrence
15.2 Keywords
- Rape
- Sexual assault
- Minors
- Consent
- Singapore
- Criminal law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 98 |
| Criminal Law | 95 |
| Rape | 95 |
| Sexual assault by penetration | 95 |
| Penal Code | 90 |
| Sentencing | 80 |
| Criminal Procedure | 80 |
16. Subjects
- Criminal Law
- Sexual Offences
- Rape
- Consent
- Sentencing