Ng Chai Imm Evelyn v Public Prosecutor

• Court: Magistrates' Court (Singapore)
• Judge: Eric Tin Keng Seng
• Judgment Date: 20 October 2001
• Neutral Citation: [2001] SGMC 37
• Citation: [2001] SGMC 37
• Published date: 19 September 2003

Judgment

GROUNDS OF DECISION

This is an appeal against sentence by Ng Chai Imm Evelyn ("Evelyn").

2. On the first day of a two-day trial, Evelyn pleaded guilty before me to two counts of voluntarily causing hurt to a domestic maid Darti Wiryadi ("victim") who was under her employ, contrary to s 323 read with s 73(1)(a) of the Penal Code. The first charge alleged that on 30 November 2000, at or around 9.30 am at No. 6 Pinewood Grove, Singapore, she grabbed the victims neck from behind with her hand and pushed her to the floor (PS 1984/2001 marked P1A). The second charge alleged that on 27 November 2000, at or around 6 pm at the above address, she kicked the victim on her buttocks (PS 1985/2001 marked P2A).

Statement of Facts

3. Evelyn understood the nature and consequences of the plea. She also admitted without any qualification to the amended Statement of Facts (marked A), the relevant portions of which are reproduced at paragraphs 4 to 6 below.

4. On 30 November 2000, at about 10.22 am, the victim called the police and informed that she was assaulted by her employer at No. 6 Pinewood Grove. Investigations revealed that on 30 November 2000, at about 8 am, the victim washed her employers car outside the house. When she finished at about 9.30 am, she went back into the house and placed the detergent she had used into the cupboard. While the victim was going out to bring the pail which she had used earlier, Evelyn told her that she did not place the detergent properly. When the victim went to place the detergent properly, Evelyn grabbed the victims neck from behind with her hand and pushed her onto the floor.

5. Further investigations revealed that on 27 November 2000, at about 6 pm, Evelyn instructed the victim to cut some chicken in the kitchen. However the victim could not do it well. Evelyn then kicked the buttocks of the victim. At that time, she was wearing wooden Japanese slippers.

6. The victim was sent to Alexandra Hospital for medical examination on 30 November 2000 and was examined by Dr Karina Kho Soo Ee. On examination, there were multiple scratch marks and bruising over the posterior part of the neck. The estimate age of the injury was one to two days and was consistent with a blow from a blunt object. The victim also complained of left inner thigh pain from previous injury inflicted by the employer. There was no visible injury. No other injuries were noted.

7. A photograph (marked B) taken of the victim at Alexandra Hospital was tendered to show the nature and extent of the victims neck injuries. This was undisputed and unchallenged by the defence.

Antecedent and mitigation

8. Evelyn was a first offender. The written mitigation with authorities (marked C) essentially provided her brief personal background, an explanation of what apparently happened during the two incidents of causing hurt, and a brief history of her good treatment of the victim prior to the incidents. Before concluding with a plea for a non-custodial sentence, the plea stated that "This is not a typical maid...