Public Prosecutor v GBE
| Jurisdiction | Singapore |
| Judge | Salina Bte Ishak |
| Judgment Date | 22 August 2016 |
| Neutral Citation | [2016] SGDC 223 |
| Court | District Court (Singapore) |
| Docket Number | DAC 915219 - 2015 & 12 Ors, Magistrate’s Appeal No 9140/2016/01 |
| Year | 2016 |
| Published date | 31 August 2016 |
| Hearing Date | 19 July 2016,01 August 2016,15 August 2016 |
| Plaintiff Counsel | Yvonne Poon |
| Defendant Counsel | Cheryl Ng, CLAS Fellowship, The Law Society of Singapore |
| Citation | [2016] SGDC 223 |
District Judge Salina Bte Ishak:
The Charges
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Sometime in early 2014, at [Property 1] Singapore, did use criminal force to one [1
st Victim (“V1”)], female, then 13 years old (Date of Birth: 30 December 2000), knowing it to be likely that he will thereby outrage the modesty of the said [V1] by inserting his hand into her panties and rubbing the folds of her vagina and touching her breasts underneath her shirt, an offence punishable under Section 354(2) of the Penal Code (Chapter 224, 2008 Rev Ed);
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Sometime in 2012, at [Property 2], Singapore, did use criminal force to one [1
st Victim (“V1”)], female, then about 11 years old (Date of Birth: 30 December 2000), knowing it to be likely that he will thereby outrage the modesty of the said [V1] to wit, by pressing her body, breasts and vagina area while she was naked, and thrusting his groin at her buttocks several times, an offence punishable under Section 354(2) of the Penal Code (Chapter 224, 2008 Rev Ed);
Summary of Facts
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The complainant is Ho Hui Lin, female, 26 years old, Singaporean. She is a Senior Child Protection Officer attached to the Ministry of Social and Family Development.
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The victims are:
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[V1], female, 15 years old (Date of Birth: 30 December 2000), Singaporean. She is a maternal cousin of the accused and resides at [Property 2], Singapore with her grandparents (“the grandparents’ residence”);
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[V2], male, 16 years old (Date of Birth: 15 July 1999), Singaporean. He is a maternal cousin of the accused and V1’s older brother, and resides at the grandparents’ residence.
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The accused is GBE, male, 23 years old (Date of Birth: 25 August 1992), Singapore citizen (NRIC No. SXXXX594E). He resides at [Property 1], Singapore (“the accused’s residence).
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On 26 June 2014 at about 8.50pm, the complainant lodged a police report informing that she had interviewed V1 on the same day at about 4.30pm, and it was revealed that V1 had been touched inappropriately by her cousin.
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Investigations revealed that the victims’ grandparents would bring the victims to the accused’s residence for family visits on a regular basis and stay overnight, and the accused would also regularly visit the grandparents’ residence.
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Sometime in 2006, when the accused was in Secondary 1 and V1 was about 5 years old, the accused began having the urge to touch V1 inappropriately after masturbating. Whenever there was no one else at either the accused’s or grandparents’ residences, the accused would tickle various parts of V1’s body, including her breasts. This continued for some time before the accused suggested “playing massage” to V1, where he would press various parts (including private parts) of V1’s body over her clothes. Subsequently, the accused would also ask V1 to remove her clothes except for her panties for the massage.
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As time passed, the accused progressed to asking V1 to remove all her clothes and panties for the massage, and he would press various parts (including private parts) of V1’s body whilst V1 was naked. The accused would also thrust his groin area at V1’s private parts area several times over his clothes.
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Sometime in 2006, the accused had also begun offering to massage V2 when they were alone at home, and he would then press various parts (including private parts) of V2’s body whilst V2 was unclothed. The accused would also thrust his groin area at V2’s private parts area several times over his clothes.
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The matter had only come to light on 12 May 2014 when V1 revealed to her maternal aunt during a dispute about using the latter’s computer that she was touched inappropriately by the accused.
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At the material time, V2 was about 7 years old whilst the accused was about 14 years old.
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Investigations revealed that sometime in 2006, the accused and V2 were alone in the accused’s residence and V2 was watching television in the living room. The accused then asked V2 to go into his room, and V2 complied. Thereafter, the accused closed his room door and told V2 that he wanted to massage V2, and V2 agreed.
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The accused massaged V2’s body for a while. He then hugged V2 from behind started thrusting his groin at V2’s buttocks several times for a few minutes. The accused did not ejaculate and subsequently went to the toilet to masturbate.
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By hugging V2 from behind and thrusting his groin at V2’s buttocks for a few minutes, the accused did use criminal force to V2, who was under 14 years of age, knowing it to be likely that he will thereby outrage V2’s modesty, and he has thereby committed an offence punishable under Section 354 of the Penal Code (Chapter 224, 1985 Rev. Ed).
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At the material time, V1 was about 11 years old whilst the accused was about 19 years old.
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Investigations revealed that sometime in 2012, the accused and V1 were alone in the grandparents’ residence. When V1 was packing her bag in V1’s aunt’s room, the accused approached V1 and closed the room door. The accused then offered to massage V1, and asked V1 to remove her clothes and panties. V1 complied and the accused then asked her to lie down on the floor.
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The accused proceeded to massage her body by pressing her body, breasts and vagina area for some time while she was naked. Thereafter, the accused asked V1 to stand up and turn around, and V1 complied. The accused also stood up, and proceeded to thrust his groin at V1’s buttocks several times for about 5 minutes until he ejaculated. The accused then told V1 to put on her clothes whilst he went to the toilet to wash up after ejaculating.
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By pressing V1’s body, breasts and vagina area while she was naked, and thrusting his groin at her buttocks several times, the accused did use criminal force to V1, who was under 14 years of age, knowing it to be likely that he will thereby outrage V1’s modesty, and he has thereby committed an offence punishable under Section 354(2) of the Penal Code (Chapter 224, 2008 Rev. Ed).
The Accused,
1 st Charge - DAC-915219-2015
5th Charge - DAC-915223-2015
13th Charge - DAC-915231-2015 Sometime in 2006, at [Property 1], Singapore, did use criminal force to one [2
nd Victim (“V2”)], male, then about 7 years old (Date of Birth: 15 July 1999), knowing it to be likely that he will thereby outrage the modesty of the said [V2], by hugging his body from behind and thrusting his groin at his buttocks for a few minutes, an offence punishable under Section 354 of the Penal Code (Chapter 224,1985 Rev Ed).
Nine other remaining charges under Section 354(2) of the Penal Code (Chapter 224, 2008 Rev Ed) and one charge under Section 354 of the Penal Code (Chapter 224, 1985 Rev Ed) were taken into consideration for the purpose of sentencing. The particulars of these ten charges are set out in the table below:
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The Accused had admitted to the following Statement of Facts
Statement of Facts
First Information Report
Background
Facts Pertaining to the 13 th Charge (DAC-915231-2015)
Facts Pertaining to the 5 th Charge (DAC-915223-2015)
Facts ...
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