Public Prosecutor v Christopher S/O M P Nathan

• Jurisdiction: Singapore
• Judge: Tay Yong Kwang JC
• Judgment Date: 17 March 2000
• Neutral Citation: [2000] SGHC 43
• Published date: 11 March 2013
• Court: High Court (Singapore)
• Plaintiff Counsel: Low Cheong Yeow and Jill Tan (Attorney-General's Chambers)
• Defendant Counsel: Accused in person

JUDGMENT:

GROUNDS OF JUDGMENT

1 The Accused conducted his own defence. He could speak and read English. He was tried and convicted on each of the following seven Charges:

"That you, CHRISTOPHER s/o M P NATHAN

1^ST CHARGE on or about the 4^th day of June 1999, at about 3.00 am, at the staircase landing between the 2^nd and 3^rd floor of Blk 183 Toa Payoh Central, Singapore, did rape one Cheng Lay Peng, a female then 26 years old, and in order to commit the said offence, you put the said Cheng Lay Peng in fear of hurt to herself, and you have thereby committed an offence punishable under section 376(2)(b) of the Penal Code, Chapter 224

2^ND CHARGE

on or about 4^th day of June 1999, at about 4.30 am, below the spiral staircase of Block 17A, Lorong 7 Toa Payoh Singapore, did rape one Cheng Lay Peng, a female then 26 years old, and in order to commit the said offence, you put the said Cheng Lay Peng in fear of hurt to herself, and you have thereby committed an offence punishable under section 376(2)(b) of the Penal Code, Chapter 224

3^RD CHARGE

on or about 4^th day of June 1999, at about 2.15 am, along the passageway outside the 7-Eleven store of Block 190 Toa Payoh Central, Singapore, did pretend to hold the office of a public servant, to wit a police officer, and in such assumed character did question one Cheng Lay Peng, a female then 26 years old, under the colour of such office and you have thereby committed an offence punishable under section 170 of the Penal Code, Chapter 224.

4^TH CHARGE

on or about 4^th day of June 1999, at about 2.30 am, at the staircase landing between the 2^nd and the 3^rd floor of Block 183, Toa Payoh Central, Singapore, did use criminal force on one Cheng Lay Peng, a female, then 26 years old, intending to outrage the modesty of the said Cheng Lay Peng, to wit, touching her body by inserting your hands into her bermuda shorts’ pockets and you have thereby committed an offence punishable under Section 354 of the Penal Code, Chapter 224.

5^TH CHARGE

on or about 4^th day of June 1999, at about 4.45 am, below the spiral staircase of Block 17A, Lor 7 Toa Payoh, Singapore, did use criminal force on one Cheng Lay Peng, female, then 26 years old, intending to outrage the modesty of the said Cheng Lay Peng, to wit, by making her grip your penis and you have thereby committed an offence punishable under Section 354 of the Penal Code, Chapter 224.

6^TH CHARGE

on or about 4^th day of June 1999, at about 4.45 am, below the spiral staircase of Block 17A, Lor 7 Toa Payoh, Singapore, did use criminal force on one Cheng Lay Peng, female, then 26 years old, intending to outrage the modesty of the said Cheng Lay Peng, to wit, by rubbing your penis against her mouth and in order to commit this offence, you voluntarily caused wrongful restraint to the said Cheng Lay Peng, and you have thereby committed an offence punishable under Section 345A(1) of the Penal Code, Chapter 224.

7^TH CHARGE

on or about 4^th day of June 1999, at about 4.45 am, below the spiral staircase of Block 17A, Lor 7 Toa Payoh, Singapore, did voluntarily have carnal intercourse against the order of nature with one Cheng Lay Peng, female, then 26 years old, to wit, by forcing her to perform an act of fellatio on you and you have thereby committed an offence punishable under Section 377 of the Penal Code, Chapter 224."

2 The 6^th Charge originally alleged that he had "voluntarily caused hurt" but that was amended at the close of the case for the Defence to "voluntarily caused wrongful restraint".

THE PROSECUTION’S CASE

3 The Complainant is 26 years old and single. She resides in the public housing estate of Toa Payoh with her parents and two sisters. The Complainant had formal education up to Primary 6 level. She was able to speak in simple English but was more fluent in Mandarin.

4 After completing her primary school education, she did not look for employment until some three years later. She then worked in various factories until about six years ago when she stopped working altogether as she could not cope with her work. She has been unemployed since that time.

5 A psychological assessment of her intellect conducted by Dr Helen Chen of Woodbridge Hospital in June 1999 revealed that "she was functioning in the borderline range of intelligence". The doctor also opined that "her understanding of sexual intercourse and contact is fairly adequate, and she is fully competent to give consent to sexual intercourse".

6 On 3 June 1999, the Complainant was watching television in her Toa Payoh flat. At around 9 pm, she felt hungry and decided to go to Kopitiam (a food centre) at the Meridien Hotel in Orchard Road as many of the food stalls in her neighbourhood were already closed. She travelled by the Mass Rapid Transit to the Somerset Station and then walked to the Meridien Hotel.

7 She spent about one and a quarter hours at the food centre. After having her meal, she had only some coins left. Although it was around midnight by then, she decided to walk all the way home to Toa Payoh. She had done this more than ten times previously and thought it was alright for her to do so again that night. The long trek home finally brought her to the bus interchange at Block 190 Toa Payoh Central.

8 It was about 2 am on 4 June 1999 by then. Feeling thirsty after the long walk from Orchard Road, the Complainant went into the 7-Eleven shop at Block 190 to purchase a packet of drink with the coins that she had. She then went out of the shop.

9 When she was outside the shop, the Accused (who was unknown to her then) asked her in English why she was rushing out and whether she had paid for the drink. She replied that she had. He then flashed a pink card at her. The card had the words "Tanglin Police" on it. The Accused told her he worked in a police station and that he suspected that she had stolen things from the 7-Eleven shop. He then pulled her by the arm as he walked away from the shop. She tried to push his hand away but he only held her arm more tightly. She followed the Accused as she was afraid of being harmed by him.

10 The Accused brought her to Block 183, which was adjacent to Block 190, and they went up to a staircase landing on the third floor where the Accused told her to sit down on the stairs. He then began to smoke a cigarette and to drink a can of beer. He questioned her on whether she had consumed drugs. When she said she had not, the Accused put his hand into the pockets of her Bermuda shorts to search. He then pulled her arm and asked her to lie down on the landing. She was afraid of being harmed by him and therefore did as instructed.

11 The Accused proceeded to remove all the clothing of the Complainant, warning her not to shout or else suffer a beating. He then stripped off his clothes and lay on top of her, fondling her breasts, her vagina, sucking her nipples and kissing her neck. He then inserted his penis into her vagina. She felt a sharp pain and wanted to cry but did not dare do so for fear that he would assault her.

12 After gratifying himself, he told her to dress up and to go up the stairs to the highest floor and remain there. She complied. He did not follow her up.

13 After remaining at the fourth floor for some 45 minutes, the Complainant decided to leave for home. She went down the stairs and walked towards Lorong 7 Toa Payoh.

14 As she was walking along Lorong 7 near the market, the Accused saw her and shouted at her. She was afraid to see him after the first encounter. Although there were some other male Indians at the market, she did not call for help as they had been talking to the Accused and appeared to be his friends. He walked towards her and pulled her by the arm again, mumbling something which she did not comprehend. He brought her to Block 17A which housed a bank and where there was a spiral staircase, pushing her into the corner where the underside of the spiral staircase met the ground. She therefore had to sit on the floor.

15 The Accused lit a cigarette and smoked. After that, he stripped the Complainant who did not dare to resist as he was staring at her fiercely. He then took off his clothes and sat down beside her. He lowered her body to the floor, went on top of her and began to fondle her body. He tried to kiss her on the mouth but she refused to open it. He then used his hand to try to force her mouth open and tried to kiss her. He stopped after a while and inserted his penis into her vagina for the second time, pushing forcefully and causing her immense pain. She tried to push him away with both her hands but he held them to the floor.

16 The Accused then stopped and pulled the Complainant’s left hand to hold his penis and her right hand to hug him. They lay like that for about half an hour, with him holding on to her right hand. When she saw that he was asleep, she tried to release her numb left hand from his penis but the movement roused the Accused. He started to kiss and fondle her body again.

17 He then caused her to sit up and spread her legs apart and he sat facing her with his legs resting on her thighs. He held his penis with one hand and used the other to push her head forcefully towards his penis. She refused to open her mouth but he used his hand to force her to open it. He then inserted his penis into her mouth and pushed her head up and down with such force that she could hardly breathe.

18 After ten minutes or so of fellatio, the Accused released the Complainant who was panting by then. Before she could catch her breath, he forced her head down to his penis again. This time, she kept her mouth shut but he continued to rub his penis against her mouth.

19 After that, he stopped and caressed her vagina. He then told her to get dressed. While she was putting on her clothes, he asked her whether she wanted some coffee. When she said she would like some, he told her to wait there for him while he went to bring the coffee.

20 When...