District Judge Olivia Low:
Introduction
The two accused persons, Chia Yun Ling (“Chia”) (B1) and Tay Wee Kiat (“Tay”) (B2) are husband and wife. They claimed trial to 18 charges and 9 charges respectively in relation to their second domestic maid, one Moe Moe Than, a 31 year-old female Myanmar national.
On 20 October 2018, prosecution applied to withdraw one charge against Chia - MAC903411-2017 for failure to bear the cost of repatriation. Pursuant to section 128 of the Criminal Procedure Code, Prosecution also invited the court to amend certain charges against both the accused based on the evidence given at trial, namely Chia’s MAC-902886-2014, MAC-902893-2014, MAC-903410-2017 and Tay’s MAC-902866-2014, MAC-902867-2014, MAC-902868-2014, MAC-902871-2014, MAC-902980-2014, MAC-902883-2014.
I allowed these amendments and both the accused maintained their intention to claim trial on the altered charges. Upon the application by defence counsel to recall witnesses to give evidence on the altered charges, I allowed two witnesses - Moe Moe Than and Fitriyah to be recalled. Fitriyah returned to give evidence on the amended charges. Moe Moe Than however had already returned to Myanmar and refused to return to Singapore to testify on the amended charges. As she was out of jurisdiction, no summons could be issued to her to compel her attendance in court.
On 12 December 2018, at the close of the prosecution’s case, the defence made a submission of “no case to answer” on certain charges in relation to Tay and Chia. I granted a discharge amounting to an acquittal on Tay’s MAC-902882-2014 – of Tay hitting the victim repeatedly with a metal stick.
On 4 March 2019, after considering the submissions of both prosecution and defence, I acquitted Tay on two charges (MAC-902867-2014 and MAC-902883-2014) and convicted him on the remaining 6 charges. I also acquitted Chia on two charges (MAC-902886-2014 and MAC903413-2017) and convicted her on the remaining 15 charges.
I sentenced Chia to a total of 47 months’ imprisonment and imposed a fine of $4000 in default two weeks’ imprisonment. Compensation of $6500 was also ordered to be paid by Chia to Moe Moe Than, in default 4 weeks’ imprisonment. A summary of the charges and the respective sentences are set out below:
| |
|
|
|
| | | CHIA YUN LING (B1) | |
| | MAC No. | Particulars | Sentence |
| C1 | 902885-2014 s.323 read with s.73 Penal Code (“PC”) | January 2012 Slapping victim on face | 2 months Consecutive Compensation $500 |
| C2A | 902886-2014 s.509 read with s.73 PC | 8 January to 12 November 2012 Instructing victim to take off clothes completely and taking photos of victim with red camera | DATA granted on 4 March 2019 |
| C3 | 902887-2014 s.323 read with s.73 PC | 2 July 2012 around 6.30am Slapping victim on both cheeks with hands | 2 months Compensation $500 |
| C4 | 902888-2014 s.323 read with s.73 PC | 9 November 2012 around 3pm to 4pm Slapping victim on cheeks with hands | 2 months Compensation $500 |
| C5 | 902889-2014 s.323 read with s.73 PC | 10-11 November 2012 around 3pm to 4pm Slapping many times on the cheeks | 2 months Compensation $500 |
| C6 | 902890-2014 s.323 read with s.73 PC | 10 June 2012 around 11am to 12pm Pulling victim’s hair, pushing her to the floor and using right foot to step on her chest area | 12 months Consecutive Compensation $500 |
| C7A | 902893-2014 s.323 read with s.73 PC | April to November 2012 Caning victim | 4 months Compensation $500 |
| C8 | 902894-2014 s.323 read with s.73 PC | August 2012 Caning victim on the buttocks | 15 months Consecutive Compensation $1000 |
| C9 | 905414-2017 s.323 read with s.73 PC | 8 January to 9 November 2012 Forcing victim’s mouth open by gripping her mouth and chin with hand | 12 months consecutive Compensation $500 |
| C10 | 906743-2017 s.13A(1)(a) Miscellaneous Offences (Public Order and Nuisance Act) | 8 January to 9 November 2012 Used abusive words against victim by instructing her to eat her own vomit, causing victim distress | Fine of $4000 in default 2 weeks Compensation $500 |
| C11A | 903406-2017 s.22(1)(a) of the Employment of Foreign Manpower Act (“EFMA”) read with Reg 4(3) of the EFMA Employment of Foreign Manpower (Work Passes) Regulations (“EFMA Regulations”) punishable under s.22(1)(i) EFMA | 28 December 2011 to 8 November 2012 Failed to provide victim with adequate food during period of employment | 3 months Compensation $500 |
| C12A | 903407-2017 s.22(1)(a) of the Employment of Foreign Manpower Act (“EFMA”) read with Reg 4(3) of EFMA Regulations punishable under s.22(1)(i) EFMA | 28 December 2011 to 8 November 2012 Forcing victim to eat rice mixed with fine sugar on two occasions | 1 month |
| C13A | 903408-2017 s.22(1)(a) of the Employment of Foreign Manpower Act (“EFMA”) read with Reg 4(3) of EFMA Regulations punishable under s.22(1)(i) EFMA | Sometime in 2012 Forcing victim to remove her blouse and making her do chores without having a blouse on | 1 month |
| C14A | 903409-2017 s.22(1)(a) of the Employment of Foreign Manpower Act (“EFMA”) read with Reg 4(3) of EFMA Regulations punishable under s.22(1)(i) EFMA | 28 December 2011 to 8 November 2012 Orally threatening to hire someone to kill victim’s family in Myanmar, thereby causing alarm to victim | 1 month |
| C15B | 903410-2017 s.22(1)(a) of the Employment of Foreign Manpower Act (“EFMA”) read with Reg 4(3) of EFMA Regulations punishable under s.22(1)(i) EFMA | 28 December 2011 to 8 November 2012 Restricting victim’s use of toilet to three times a day | 6 months Consecutive Compensation $500 |
| C16A | 903411-2017 s.22(1)(a) of the Employment of Foreign Manpower Act (“EFMA”) read with Reg 4(2) of EFMA Regulations punishable under s.22(1)(i) EFMA | 12 November 2012 Failure to bear cost of repatriation of victim | DATA granted on 22 October 2018 |
| C17A | 903412-2017 s.22(1)(a) of the Employment of Foreign Manpower Act (“EFMA”) read with Reg 4(3) of EFMA Regulations punishable under s.22(1)(i) EFMA | 28 December 2011 to 8 November 2012 Did not grant victim adequate rest daily | 3 months Compensation $500 |
| C18A | 903413-2017 s.22(1)(a) of the Employment of Foreign Manpower Act (“EFMA”) read with Reg 4(2) of EFMA Regulations punishable under s.22(1)(i) EFMA | 12 November 2012 Failure to ensure all outstanding salaries due to victim had been paid before her repatriation | DATA granted on 4 March 2019 |
| Total Sentence | 47 months’ imprisonment and fine of $4000 in default two weeks’ imprisonment. Compensation of $6500 to be paid to Moe Moe Than, in default 4 weeks’ imprisonment |
I sentenced Tay to a total of 24 months’ imprisonment. Compensation of $3000 was also ordered to be paid by Tay to Moe Moe Than, in default 2 weeks’ imprisonment. A summary of the charges and the respective sentences are set out below:
| |
|
|
|
| | | TAY WEE KIAT (B2) | |
| | MAC No. | Particulars | Sentence |
| C1 | 902865-2014 s.323 read with s.73 Penal Code (“PC”) | Between 11 to 14 January 2012 Using a cane to hit victim’s palm and buttocks | 6 months Consecutive Compensation $500 |
| C2A | 902866-2014 s.323 read with s.73 PC | 8 January to 12 November 2012 Using a broom stick and a metal clothing hook to hit her buttocks | 8 months Consecutive Compensation $500 |
| C3A | 902867-2014 s.323 read with s.73 and s.110 PC | 8 January to 12 November 2012 Instructing Fitriyah to hit victim with a metal stick | DATA granted on 4 March 2019 |
| C4A | 902868-2014 s.323 read with s.73 PC | 8 January to 12 November 2012 Caning victim on the head | 4 months Compensation $500 |
| C5 | 902870-2014 s.323 read with s.73 PC | 1 to 5 September 2012 around 2pm to 3pm Kicking victim while she was made to be in a push-up position | 14 months Compensation $500 |
| C6A | 902871-2014 s.323 read with s.73 PC | 9 October 2017 around 11pm Pulling victim out of the bedroom and throwing her against a wall | 10 months Consecutive Compensation $500 |
| C7A | 902880-2014 s.323 read with s.73 and 109 PC | After 8 January 2012 Instructing Fitriyah to slap victim | 14 months Compensation $500 |
| C8 | 902882-2014 s.323 read with s.73 PC | 5 June 2012 Hitting victim with a metal stick repeatedly | DATA granted on 12 December 2018 |
| C9A | 902883-2014 s.323 read with s.73 and s.109 PC | July 2012 Instructing Fitriyah to hit victim with three small canes bundled together | DATA granted on 4 March 2019 |
| Total Sentence | 24 months’ imprisonment Compensation of $3000 to be paid to Moe Moe Than, in default 2 weeks’ imprisonment |
Prosecution has filed appeals in respect of the following: MA-9056-2019-01 - The acquittal ordered on Tay’s MAC-902867-2014 and MAC-902883-2014; and MA-9057-2019-01 - The acquittal ordered on Chia’s MAC-902885-2014 and MAC-903413-2017; MA-9063-2019-01 - The sentences imposed in Tay’s MAC-902870-2014 and MAC-902880-2014. MA-9064-2019-01 – The sentences imposed in respect of Chia’s MAC-902893-2014, MAC 906743-2017 and MAC-903409-2017; MA-9064-2019-02 – That no compensation was ordered in Chia’s MAC-903407-2017, MAC-903408-2017 and MAC-903409-2017;
Prosecution did not seek a stay of execution of the sentence, fine or compensation. Both the accused persons were granted a deferment of sentence until 27 March 2019 and are currently serving their sentences. The fine imposed and the compensation sums were not paid.
The Undisputed Facts
The two accused Tay and Chia are husband and wife living in a 5-room HDB flat in Yishun. They have three...
