Loh Siang Piow v Public Prosecutor: Outrage of Modesty Case
Loh Siang Piow appealed against his conviction on two counts of outrage of modesty. The High Court, with Hoo Sheau Peng J presiding, allowed the appeal, acquitting Loh Siang Piow. The court found that the complainant's testimony was not 'unusually convincing' and raised reasonable doubts about the alleged incidents. The case involved claims of molestation during massages given by Loh, a track and field coach, to Ms. C, an athlete under his training.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against conviction for outrage of modesty. The High Court allowed the appeal, acquitting the defendant due to doubts about the complainant's testimony.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Lost | Gail Wong of Attorney-General’s Chambers Susanna Abigail Yim of Attorney-General’s Chambers Colin Ng of Attorney-General’s Chambers |
| Loh Siang Piow @ Loh Chan Pew | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gail Wong | Attorney-General’s Chambers |
| Susanna Abigail Yim | Attorney-General’s Chambers |
| Colin Ng | Attorney-General’s Chambers |
| Tan Chee Meng | WongPartnership LLP |
| Calvin Ong Yik Lin | WongPartnership LLP |
| Paul Loy Chi Syann | WongPartnership LLP |
4. Facts
- Mr. Loh was a track and field coach with considerable reputation.
- Ms. C was an athlete training with Mr. Loh.
- Ms. C alleged that Mr. Loh molested her under the guise of giving her massages.
- The alleged incidents occurred on 24 February 2013 and 15 March 2013.
- Mr. Loh denied the charges and claimed he did not conduct individual training sessions for Ms. C.
- Mr. Loh advanced alibi defenses to show he was not at Tampines Stadium on the dates of the alleged offenses.
- Ms C lodged the first information report more than three years after the alleged incidents.
5. Formal Citations
- Loh Siang Piow (alias Loh Chan Pew) v Public Prosecutor, Magistrate’s Appeal No 9695 of 2020/01, [2023] SGHC 74
6. Timeline
| Date | Event |
|---|---|
| First alleged incident of outrage of modesty. | |
| Second alleged incident of outrage of modesty. | |
| First information report lodged by Ms C. | |
| District Judge's decision in Public Prosecutor v Loh Siang Piow @ Loh Chan Pew issued. | |
| First hearing date. | |
| District Judge's remittal findings in Public Prosecutor v Loh Siang Piow @ Loh Chan Pew issued. | |
| Second hearing date. | |
| Judgment reserved. |
7. Legal Issues
- Credibility of Witness Testimony
- Outcome: The court found the complainant's testimony not to be 'unusually convincing' and raised reasonable doubts about the alleged incidents.
- Category: Substantive
- Sub-Issues:
- Internal consistency of testimony
- External consistency of testimony
- Contradictions in testimony
- Reliability of recollection
- Related Cases:
- [2019] 2 SLR 490
- [2012] 3 SLR 34
- [2020] 1 SLR 486
- Burden and Standard of Proof for Alibi Defense
- Outcome: The court held that the accused only bears an evidential burden to raise a reasonable doubt as to his presence at the scene of the alleged offence.
- Category: Procedural
- Sub-Issues:
- Evidential burden
- Balance of probabilities
- Reasonable doubt
- Related Cases:
- [1993] 3 SLR(R) 1
- [2003] 3 SLR(R) 105
- Inference of Guilty Conscience
- Outcome: The court found that the District Judge erred in inferring a guilty conscience based on the accused's conduct at the police meeting.
- Category: Substantive
- Sub-Issues:
- Conduct of the accused
- Knowledge of the complainants' identities
- Prescience of the date and time of the offence
- Lucas Lies
- Outcome: The court found that the accused's alibis did not amount to Lucas Lies that could corroborate the Prosecution's case.
- Category: Substantive
- Sub-Issues:
- Deliberate lies
- Material issue
- Motive of realization of guilt
- Independent proof of untruth
- Related Cases:
- [1981] 3 WLR 120
8. Remedies Sought
- Appeal against conviction
- Acquittal
9. Cause of Actions
- Outrage of Modesty
10. Practice Areas
- Criminal Litigation
- Appellate Practice
11. Industries
- Sports
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Loh Siang Piow @ Loh Chan Pew | District Court | Yes | [2021] SGMC 16 | Singapore | Cited as the District Judge's decision being appealed against. |
| Public Prosecutor v Loh Siang Piow @ Loh Chan Pew | District Court | Yes | [2022] SGMC 13 | Singapore | Cited as the District Judge's remittal findings being appealed against. |
| Regina v Lucas (Ruth) | Court of Appeal | Yes | [1981] 3 WLR 120 | England and Wales | Cited for the principle of 'Lucas Lies' regarding the corroborative effect of lies told by the accused. |
| Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor | High Court | Yes | [2018] 4 SLR 580 | Singapore | Cited for the sentencing framework applied by the District Judge. |
| Muhammad bin Kadar v PP | High Court | Yes | [2011] 4 SLR 1205 | Singapore | Cited regarding the Prosecution's disclosure duty. |
| Muhammad Nabill bin Mohd Faud | Court of Appeal | Yes | [2020] SGCA 25 | Singapore | Cited regarding the Prosecution's disclosure duty. |
| Ramakrishnan s/o Ramayan v Public Prosecutor | High Court | Yes | [1998] SGHC 273 | Singapore | Cited regarding the burden of proof for alibi defense. |
| Syed Abdul Aziz v PP | Court of Criminal Appeal | Yes | [1993] 3 SLR(R) 1 | Singapore | Cited regarding the burden of proof for alibi defense. |
| ADF v Public Prosecutor | High Court | Yes | [2010] 1 SLR 874 | Singapore | Cited regarding the appellate court's role in assessing findings of fact. |
| Tay Wee Kiat and another v Public Prosecutor and another appeal | High Court | Yes | [2018] 4 SLR 1315 | Singapore | Cited regarding the impact of a victim's mistake in the date of an incident. |
| Public Prosecutor v Mohd Ariffan bin Mohd Hassan | High Court | Yes | [2019] 2 SLR 490 | Singapore | Cited regarding the requirement for 'unusually convincing' testimony in the absence of corroboration. |
| AOF v Public Prosecutor | High Court | Yes | [2012] 3 SLR 34 | Singapore | Cited regarding the requirement for 'unusually convincing' testimony in the absence of corroboration. |
| Haliffie bin Marnat v Public Prosecutor and other appeals | High Court | Yes | [2016] 5 SLR 636 | Singapore | Cited regarding the assessment of whether a witness's testimony meets the 'unusually convincing' standard. |
| Public Prosecutor v GCK and another matter | High Court | Yes | [2020] 1 SLR 486 | Singapore | Cited regarding the caution against making generalizations about a victim's memories of the offence. |
| Vignes s/o Mourthi and another v Public Prosecutor | Court of Appeal | Yes | [2003] 3 SLR(R) 105 | Singapore | Cited regarding the burden of proof for alibi defense. |
| Jayasena v The Queen | Privy Council | Yes | [1970] 2 WLR 448 | United Kingdom | Cited regarding the burden of proof for defences set out in the Penal Code. |
| Iskandar bin Rahmat v Public Prosecutor and other matters | High Court | Yes | [2017] 1 SLR 505 | Singapore | Cited regarding the burden of proof for defences set out in the Penal Code. |
| GBR v Public Prosecutor and another appeal | High Court | Yes | [2018] 3 SLR 1048 | Singapore | Cited regarding the expectation of how a victim of sexual crimes must act or react. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, Rev Ed 2008) s 354(1) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 105 | Singapore |
| Evidence Act s 103 | Singapore |
| Evidence Act s 107 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Outrage of modesty
- Alibi defense
- Unusually convincing testimony
- Lucas Lies
- Guilty conscience
- Credibility of witness
- Massage
- Vulva region
15.2 Keywords
- Outrage of modesty
- Sexual assault
- Criminal appeal
- Singapore
- High Court
- Acquittal
- Evidence
- Witness credibility
- Alibi
- Massage
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Outrage of Modesty | 98 |
| Sexual Offences | 95 |
| Criminal Law | 90 |
| Offences | 85 |
| Evidence | 60 |
| Torts | 30 |
| Civil Procedure | 20 |
16. Subjects
- Criminal Law
- Evidence Law
- Sexual Offences
- Appeals