Public Prosecutor v Chan Teck Suan and Another

CourtDistrict Court (Singapore)
JudgeJill Tan Li Ching
Judgment Date03 December 2008
Neutral Citation[2008] SGDC 362
Citation[2008] SGDC 362
Published date16 December 2008
Plaintiff CounselTan Kiat Pheng & Karen Ang (Deputy Public Prosecutors)
Defendant CounselTan Cheow Hung (Keystone Law Corporation),SS Dhillon (Dhillon & Partners)

3 December 2008

Oral Judgment

District Judge Jill Tan:

Facts

1 The two accused persons, Chan Teck Suan and Ang Yong Meng Ricky, met the victim RP and her boyfriend for the first time on 21 September 2007 at a party in a mutual friend’s flat. During the course of the evening, they all consumed alcohol. They also played card games which required the loser to drink hard liquor. The victim lost the most number of games and thus drank the most liquor. She was not a frequent drinker and had become very drunk by about 3 am on 22 September 2007. At her boyfriend’s advice, she did not go home that night but instead slept on a bed in the room where the card games had been played.

2 At about 4 am, the two accused persons went back to that same room. Ang closed the door, and kissed the sleeping victim. He then locked the door, touched the victim’s left breast, moved to her legs, lifted her dress, removed her panties, then raped her. At the time Ang moved towards the victim’s legs, Chan moved to kiss the victim’s lips. Chan then put his hands underneath the victim’s bra, to touch her breasts and nipples. The victim awoke during this time and was aware of what was happening, but was too sleepy and tired to either resist or shout for help.

3 After a while, Chan stopped what he was doing, and told Ang to stop as well. They then left the flat. Later, when the victim awoke, she raised the alarm and was brought to the police. Swabs taken from the victim’s vagina, urethra and panties were sperm-positive and contained DNA materials belonging to Ang.

4 In the subsequent days, Ang and Chan made contact with the victim through the host of the party, and asked the victim to withdraw her complaint against them. Ang even told the victim that the only way to “settle” the matter was for the victim to say that she had consented to their acts. The victim’s friend, who was present, intervened, and the police, who had been called in by the victim’s boyfriend, moved in and arrested the two accused persons.

5 Ang pleaded guilty to raping the victim under section 376(1) of the Penal Code (Chapter 224). He consented to be tried in the Subordinate Courts and thus faces an imprisonment term of up to 7 years and is also liable to a fine or caning. Chan pleaded guilty to using criminal force on the victim by kissing her lips and touching her breasts and nipples, knowing that it was likely to outrage her modesty. Under section 354 of the Penal Code, he faces up to two years’ imprisonment, or a fine, or caning, or any two of these punishments.

Mitigation

6 Both accused persons were 21 years old at the time of their offences and are now 22 years old. They are first offenders. Both were under the influence of alcohol at the material time. They had returned to the room in search of the earpiece for Ang’s handphone before going home.

7 In mitigation, Chan was said to have been “overcome by an irresistible impulse” to kiss the victim when he saw her sleeping in the room. He kissed her and...

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