Rajendran v Public Prosecutor: Women's Charter, PHTA & Penal Code Offences
Rajendran s/o Nagarethinam and Arumaikannu Sasikumar appealed to the General Division of the High Court against their convictions and sentences in the District Court for offenses related to prostitution and obstruction of justice. The charges included offenses under the Women's Charter, the Prevention of Human Trafficking Act (PHTA), and the Penal Code. Tay Yong Kwang JCA allowed the appeal in part, altering one charge under the PHTA, acquitting Rajendran on another charge, and adjusting the sentences accordingly, while upholding the convictions on the remaining charges.
1. Case Overview
1.1 Court
General Division of the 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
Rajendran and Sasikumar appeal convictions for prostitution-related offenses and obstructing justice. The court allows the appeal in part, altering one charge.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Rajendran s/o Nagarethinam | Appellant | Individual | Appeal allowed in part | Partial | K Jayakumar Naidu, Adrienne Grace Milton |
| Arumaikannu Sasikumar | Appellant | Individual | Appeal dismissed | Lost | Peter Keith Fernando, Kavita Pandey |
| Public Prosecutor | Respondent | Government Agency | Appeal allowed in part | Partial | Winston Man, Grace Chua |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| K Jayakumar Naidu | Jay Law Corporation |
| Adrienne Grace Milton | Jay Law Corporation |
| Peter Keith Fernando | Leo Fernando LLC |
| Kavita Pandey | Leo Fernando LLC |
| Winston Man | Attorney-General’s Chambers |
| Grace Chua | Attorney-General’s Chambers |
4. Facts
- Rajendran and Sasikumar were directors of Nine Silver Pte Ltd, which operated the Kollywood entertainment club.
- V1 and V2 were employed by the Club as performing artistes and were housed in an apartment.
- V1 was asked by Sasikumar, through Roky, to have sex with a customer and reluctantly agreed due to concerns about her salary.
- V1 handed over the payment from the customer to Sasikumar after the first instance of prostitution.
- V2 was asked by Rajendran, through Roky, to have sex with a customer but refused and was slapped by Rajendran.
- Rajendran and Sasikumar arranged for Roky to leave Singapore after the performing artistes ran away from the apartment.
- Sasikumar made statements to the Ministry of Manpower confirming his role in arranging for Roky to leave Singapore.
5. Formal Citations
- Rajendran s/o Nagarethinam v Public Prosecutor and another appeal, Magistrate’s Appeal No 9426 of 2020, [2021] SGHC 200
- Arumaikannu Sasikumar v Public Prosecutor and another appeal, Magistrate’s Appeal No 9427 of 2020, [2021] SGHC 200
- Public Prosecutor v Rajendran s/o Nagarethinam and Arumaikannu Sasikumar, , [2020] SGDC 156
6. Timeline
| Date | Event |
|---|---|
| V1 arrived in Singapore | |
| Rajendran joined Sasikumar in the business | |
| V2 arrived in Singapore | |
| First instance of prostitution occurred | |
| Second instance of prostitution occurred | |
| Rajendran threatened V2 | |
| Rajendran and Sasikumar apologized to V2 | |
| V1, V2, and two other performing artistes left the apartment | |
| Sasikumar called Roky and asked to meet him | |
| Roky left Singapore | |
| Roky left for Bangladesh | |
| Roky returned to Singapore | |
| Sasikumar's first statement to the Ministry of Manpower was recorded | |
| Sasikumar's second statement to the Ministry of Manpower was recorded | |
| Public Prosecutor issued a fresh consent for Charge 3 | |
| District Judge delivered his decision | |
| Judgment reserved | |
| Parthiban a/l Kanapathy v Public Prosecutor [2021] SGCA 75 was delivered | |
| Judgment delivered | |
| Appellants to report to State Courts to commence serving imprisonment sentences |
7. Legal Issues
- Defective Consent of Public Prosecutor
- Outcome: The court held that the defective consent did not result in a failure of justice.
- Category: Procedural
- Sub-Issues:
- Curative powers of court
- Recruitment for Exploitation under PHTA
- Outcome: The court held that the actions constituted attempted recruitment, not actual recruitment, under the PHTA.
- Category: Substantive
- Obstruction of Justice
- Outcome: The court held that knowledge of the specific predicate offence is not required for a conviction under s 204A.
- Category: Substantive
- Common Intention
- Outcome: The court found insufficient evidence to prove common intention in one of the charges and altered the charge accordingly.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction
- Appeal against sentence
9. Cause of Actions
- Living on earnings of prostitution
- Procuring for prostitution
- Human trafficking
- Obstructing the course of justice
10. Practice Areas
- Criminal Law
- Human Trafficking
- Prostitution Offences
- Obstructing the Course of Justice
11. Industries
- Entertainment
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Rajendran s/o Nagarethinam and Arumaikannu Sasikumar | District Court | Yes | [2020] SGDC 156 | Singapore | The judgment under appeal. |
| Public Prosecutor v Poh Boon Kiat | Court of Appeal | Yes | [2014] 4 SLR 892 | Singapore | Cited for the sentencing framework for offences under the Women's Charter. |
| Public Prosecutor v BSR | High Court | Yes | [2019] SGHC 64 | Singapore | Cited for the approach to sentencing in cases under the Prevention of Human Trafficking Act. |
| Public Prosecutor v Tay Tong Chuan | District Court | Yes | [2019] SGDC 58 | Singapore | Cited for the factors to consider in sentencing for offences under section 204A of the Penal Code. |
| Public Prosecutor v Raveen Balakrishnan | Court of Appeal | Yes | [2018] 5 SLR 799 | Singapore | Cited for the totality principle in sentencing. |
| Ulaganathan Thamilarasan v Public Prosecutor | Court of Appeal | Yes | [1996] 2 SLR(R) 112 | Singapore | Cited for the curative powers of the court in cases of procedural non-compliance. |
| Public Prosecutor v Koon Seng Construction Pte Ltd | Court of Appeal | Yes | [1996] 1 SLR(R) 112 | Singapore | Cited for the principles governing the alteration of charges by an appellate court. |
| Sim Wen Yi Ernest v Public Prosecutor | High Court | Yes | [2016] 5 SLR 207 | Singapore | Cited for the principles governing the alteration of charges by an appellate court. |
| Parthiban a/l Kanapathy v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 75 | Singapore | Cited for the principle that knowledge of the predicate offence can be an aggravating factor in sentencing for obstruction of justice. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 146(1) of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 140(1)(b) of the Women’s Charter | Singapore |
| Prevention of Human Trafficking Act (Act 45 of 2014) | Singapore |
| s 3(1)(a) of the Prevention of Human Trafficking Act (Act 45 of 2014) | Singapore |
| s 4(1)(a) of the Prevention of Human Trafficking Act (Act 45 of 2014) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 34 of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 204A of the Penal Code | Singapore |
| s 511 of the Penal Code | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 423(b) of the Criminal Procedure Code | Singapore |
| s 390(4) of the Criminal Procedure Code | Singapore |
| s 390(5) of the Criminal Procedure Code | Singapore |
| s 390(6) of the Criminal Procedure Code | Singapore |
| s 258(1) of the Criminal Procedure Code | Singapore |
| s 154(2) of the Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Prostitution
- Human trafficking
- Obstruction of justice
- Common intention
- Recruitment
- Exploitation
- Consent of Public Prosecutor
- Performing artiste
- Earnings of prostitution
15.2 Keywords
- Human trafficking
- Prostitution
- Obstruction of justice
- Women's Charter
- Prevention of Human Trafficking Act
- Penal Code
- Singapore
- Criminal Law
16. Subjects
- Criminal Law
- Human Trafficking
- Prostitution
- Obstruction of Justice
- Sentencing
17. Areas of Law
- Criminal Law
- Statutory Offences
- Criminal Procedure and Sentencing
- Prevention of Human Trafficking Act
- Women’s Charter
- Penal Code
- Obstructing the Course of Justice