Public Prosecutor v Liew Kok Meng @ Lai Meow Onn

• Jurisdiction: Singapore
• Judge: Chan Seng Onn JC
• Judgment Date: 15 May 1999
• Neutral Citation: [1999] SGHC 128
• Published date: 03 May 2012
• Court: High Court (Singapore)
• Plaintiff Counsel: May Lucia Mesenas (Attorney-General's Chambers)
• Defendant Counsel: Liew Kok Meng alias Lai Meow Onn in person

Judgment:

Grounds of Decision

The accused, Liew Kok Meng @ Lai Meow Onn, aged 48 years, faced 3 charges under s 376(1) of the Penal Code (Cap. 224) for raping a young female victim, aged 13 years. The offences took place at the accused’s flat at Blk 3 Lim Chu Kang, #03-524 Singapore between June and August 1997.

2. The prosecution proceeded with the 1st and 3rd charges and stood down the 2nd charge. The accused pleaded guilty to the two charges and was accordingly convicted. He then consented to the 2nd charge being taken into consideration for the purpose of sentencing.

3. I sentenced the accused to 15 years imprisonment and 8 strokes of the cane for each charge. Both sentences were ordered to be concurrent and backdated to the date of his remand. The accused filed an appeal on the ground that the sentences were excessive. I now give my reasons.

4. The accused admitted to the following facts:

a. The victim was a student and the neighbour of the accused. She was 13 years old at the time of the offences.

b. The accused knew the victim since she was 7 years old. He was also known to the family of the victim as the victim’s mother worked in the same place as the accused at the Lim Chu Kang Army Camp.

c. Sometime in June 1997, the victim visited the accused at his rented room in the flat at Blk 3 Lim Chu Kang, #03-524. When they were both in the accused’s bedroom, he asked the victim to lie on the mattress which she did. Thereafter, he caressed both her breasts with his hand. He then removed his shorts, after which he removed the victim’s shorts and panties. The accused then inserted his penis into her vagina. When the victim felt pain, she told the accused to stop. But the accused disregarded her pleas and continued with the sexual intercourse. Having satisfied himself, the accused gave the victim a towel and instructed her to wipe her vagina which she did. Thereafter, the victim left the flat.

d. Sometime in August 1997, the victim visited the accused again at the same flat. When she was in the flat, he removed her shorts and panties and proceeded to have sexual intercourse with her.

e. In September 1997, the victim discovered that she had missed her menstrual period. The victim was pregnant. After the accused learned of her pregnancy in November 1997, the accused ran away for about eight months.

f. On 29 December 1997, the victim was referred to the Singapore General Hospital for a medical examination. The medical examination revealed a viable pregnancy corresponding to 23 weeks gestation and old hymenal tears at 2 & 8 o'clock direction. The pregnancy was terminated on...