Isham bin Kayubi v Public Prosecutor: Extension of Time to Appeal Sentence for Rape and Sexual Assault
In Isham bin Kayubi v Public Prosecutor, the Court of Appeal of Singapore dismissed the applicant's motion for an extension of time to appeal against the trial judge's decision to impose an additional 12 months' imprisonment in lieu of caning for four charges of rape and two charges of sexual assault by penetration. The court emphasized the need for retribution and deterrence, given the heinous nature of the offenses and the applicant's prior convictions. The court found that the applicant failed to provide sufficient justification for the delay in filing the appeal and that the substantive appeal was unlikely to succeed.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal dismissed Isham bin Kayubi's motion for an extension of time to appeal his sentence for rape and sexual assault, emphasizing retribution and deterrence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Application 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 | Applicant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Steven Chong | Justice of the Court of Appeal | No |
| Quentin Loh | Judge of the Appellate Division | 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 applicant was convicted of four charges of rape and two charges of sexual assault by penetration against two 14-year-old girls.
- The applicant lured the victims to his flat under the pretext of offering them a job.
- The applicant recorded videos of the sexual acts and used them to coerce one of the victims.
- The applicant was initially sentenced to 32 years’ imprisonment and 24 strokes of the cane.
- The applicant was certified medically unfit for caning due to age-related spinal degeneration.
- The trial judge sentenced the applicant to an additional 12 months’ imprisonment in lieu of caning.
- The applicant filed a criminal motion for an extension of time to file an appeal against the additional sentence.
5. Formal Citations
- Isham bin Kayubi v Public Prosecutor, Criminal Motion No 33 of 2020, [2021] SGCA 22
- Public Prosecutor v Isham bin Kayubi, , [2020] SGHC 44
6. Timeline
| Date | Event |
|---|---|
| Judge convicted the applicant on all six proceeded charges | |
| Applicant filed an appeal against his conviction and sentence | |
| Appeal hearing before the Court of Appeal | |
| Judge sentenced the applicant to an additional term of 12 months’ imprisonment in lieu of caning | |
| Last day for the applicant to file a notice of appeal against the Judge’s decision | |
| Applicant filed the present criminal motion for an extension of time to file an appeal against the Judge’s sentencing decision | |
| Court of Appeal dismissed the applicant’s criminal motion for an extension of time |
7. Legal Issues
- Extension of Time to File Appeal
- Outcome: The court denied the applicant's motion for an extension of time to file an appeal.
- Category: Procedural
- Related Cases:
- [2016] 1 SLR 713
- [2006] 3 SLR(R) 358
- Sentencing Principles
- Outcome: The court upheld the trial judge's decision to impose an additional 12 months' imprisonment in lieu of caning.
- Category: Substantive
- Related Cases:
- [2017] 5 SLR 904
8. Remedies Sought
- Extension of time to file appeal
- 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 |
|---|---|---|---|---|---|
| Amin bin Abdullah v Public Prosecutor | High Court | Yes | [2017] 5 SLR 904 | Singapore | Cited regarding the principle that enhancing sentences for offenders exempted from caning on medical grounds may not always be necessary. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing frameworks for rape. |
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing frameworks for sexual assault by penetration. |
| Isham bin Kayubi v Public Prosecutor | Court of Appeal | Yes | [2020] SGCA 42 | Singapore | Cited regarding the applicant’s appeal against his conviction and sentence. |
| Public Prosecutor v Tan Peng Khoon | High Court | Yes | [2016] 1 SLR 713 | Singapore | Cited regarding the court's discretion to grant an extension of time for the filing of a notice of appeal. |
| Lim Hong Kheng v Public Prosecutor | Unknown | Yes | [2006] 3 SLR(R) 358 | Singapore | Cited regarding the factors the court considers when determining whether to exercise discretion to grant an extension of time. |
| Chew Soo Chun v Public Prosecutor | High Court | Yes | [2016] 2 SLR 78 | Singapore | Cited regarding the ways in which ill-health would be relevant to sentencing. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 375(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(a) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 377(2)(b) | Singapore |
| Criminal Procedure Code s 331 | Singapore |
| Criminal Procedure Code s 332(2)(b) | Singapore |
| Criminal Procedure Code s 380 | Singapore |
| Penal Code s 376(4) | Singapore |
| Penal Code s 375(3) | Singapore |
| Criminal Procedure Code s 307 | Singapore |
| Criminal Procedure Code s 328(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Extension of time
- Sentencing
- Caning
- Rape
- Sexual assault
- Deterrence
- Retribution
- Medical unfitness
15.2 Keywords
- Criminal law
- Sentencing
- Appeal
- Rape
- Sexual assault
- Extension of time
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Appeal | 95 |
| Sentencing | 90 |
| Criminal Procedure | 85 |
| Sexual Offences | 80 |
| Penal Code | 75 |
| Criminal Law | 70 |
| Criminal Revision | 60 |
16. Subjects
- Criminal Law
- Criminal Procedure
- Sentencing
- Appeals