Pereira Clarence v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Seng Kwang Boon
• Judgment Date: 14 February 2001
• Neutral Citation: [2001] SGDC 49
• Year: 2001
• Published date: 19 September 2003
• Citation: [2001] SGDC 49
• Court: District Court (Singapore)

JUDGMENT:

Grounds of Decision

Charges

1. The accused was charged as follows:-

"DAC 50604/2000 (P1)

You,

Pereira Clarence, M/43 yrs old
NRIC: S2174446/H
DOB: 1 June 1957

are charged that you, on the 24th day of June 1998, at or about 8.30 pm, inside motorcar bearing numbers ES 8791 M which was parked at the carpark of Blk 55 Ayer Rajah Crescent, Singapore, did used criminal force on one Jumaniyah Bte Likli, female 34 years of age, knowing it to be likely or intending to outrage her modesty, to wit, by kissing her face and using both your hands to touch her all over her body, and you have thereby committed an offence punishable under Section 354 of the Penal Code, Chapter 224.

DAC 50605/2000 (P2)

You,

Pereira Clarence, M/43 yrs old
NRIC: S2174446/H
DOB: 1 June 1957

are charged that you, on the 24th day of June 1998, at or about 9.00 pm, inside motorcar bearing numbers ES 8791 M which was parked opposite lamp-post No. 152, along Sungei Tengah Road, Singapore, did used criminal force on one Jumaniyah Bte Likli, female 34 years of age, knowing it to be likely or intending to outrage her modesty, to wit, by using both your hands to touch her all over her body, and you have thereby committed an offence punishable under Section 354 of the Penal Code, Chapter 224."

2 He pleaded guilty to both the charges.

Facts

3 The following facts were admitted by him without qualifications:-

"AMENDED STATEMENT OF FACTS

4 Victim is Jumaniyah Bte Likli, F/34 yrs, NRIC: S 1702211 C. She was employed as the Admin Supervisor of Refinery Group by SGS Testing & Control Services (S) Pte Ltd located at 26 Ayer Rajah Crescent #03-07.

5 Defendant is Pereira Clarence, M/43 yrs, NRIC: S 2174446 H, residing at Blk 1 Chai Chee Road #02-208. He was direct supervisor of the victim.

INFORMATION

6 On 29^th June 1998 at about 1.45 pm, victim lodged a report at Clementi NPC stating that on 24^th June 1998 at about 8.30 pm, she was molested hy the defendant in the carpark of Ayer Rajah Industrial Estate and also at a vacant land near to Choa Chu Kang Army Camp.

INVESTIGATION

7 Investigation revealed that on 24^th June 1998 at about 8.00 pm, Victim had just finished working overtime together with the Defendant who was her direct supervisor. It was revealed that the defendant noticed that the victim was also leaving the office and offered to give Victim a lift in his car, ES 8791 M to the nearest MRT Station, namely, Buona Vista MRT Station. The victim accepted the lift and boarded the defendants car. However, soon after the victim got into his car, the defendant subsequently changed his mind and offered to drive the victim nearer to her residence area namely Jurong East MRT Station. Victim accepted the offer and sat in the front passenger seat of the defendants car.

FACTS PERTAINING TO THE FIRST CHARGE (DAC 50604/00)

8 Investigation revealed that on 24^th June 1998 sometime around 8.30 pm after the defendant had parked his car behind Blk 55 Ayer Rajah Cres, he suddenly started to kiss the victim on her face. The victim was shocked and caught by surprise by the acts of the defendant. Besides kissing her face, the defendant went further and used both his hands to caress her all over her body.

8.1 The victim immediately put up a struggle and tried to push away the defendant but to no avail. Shortly later, the defendant stopped the acts and repeatedly apologised to the victim. The...