Public Prosecutor v NC

• Jurisdiction: Singapore
• Judge: Toh Yung Cheong
• Judgment Date: 08 July 2005
• Neutral Citation: [2005] SGDC 151
• Plaintiff Counsel: Janet Wang (Deputy Public Prosecutor)
• Published date: 20 July 2006
• Court: District Court (Singapore)
• Defendant Counsel: S Magintharan (Netto and Margin LLC)
• Subject Matter: Criminal Law,Offences,Outrage of modesty,Accused assisting victim's husband home as he was drunk,Victim inviting accused into her home to wash himself,Accused stroking victim's breast with his hand,Act not appearing to have been premeditated,Sentence,Section 354 Penal Code (Cap 224, 1985 Rev Ed)

8 July 2005 Judgment reserved.

District Judge Toh Yung Cheong

1. The accused NC, claimed trial to the following charge:

“You, NC, m/41, are charged that you, on the 25^th day of April 2004, at about 2.45 am, in the kitchen toilet of [xxx], Singapore, did use criminal force to one B, f/51, intending to outrage the modesty of the said person, by stroking her right breast twice with your hand, and you have thereby committed an offence punishable under section 354 of the Penal Code, Chapter 224.”

2. I convicted the accused of the charge and sentenced him to 10 months’ imprisonment. As he has appealed against his conviction and sentence, I now set out the reasons for my decision.

Prosecution’s Case

Evidence of the complainant PW2 B

3. PW2 B is the complainant in this case. She is the wife of PW4 C. B did not know the accused personally though she had seen her husband talking to him on one occasion and knew that they were friends.

4. On 25 April 2004, sometime past 2.00am, B was waiting for her husband to return home and she heard her husband open the door. When she went out of the flat, she saw her husband outside the corridor vomiting. The accused, who was with B’s husband, said that his leg was dirty and wanted to wash his legs. B let the accused enter the flat and he went to the kitchen toilet.

5. While the accused was in the toilet, B dispensed some liquid detergent for the accused to use to wash his legs. The accused took the shower head and sprayed water on his leg. After he had done this, he placed the shower head on the holder and used his right hand to stroke B’s right breast twice. B was shocked and gave the accused “two tight slaps.” The accused immediately said “Auntie sorry” and the word “misunderstanding” in Hokkien. B believed that it was not accidental and did not know why the accused would say “misunderstanding.”[note: 1]

6. At that point, B’s husband was at a kitchen basin washing his face. He scolded B for slapping his friend and she replied that the accused had molested her.

7. B’s husband asked the accused to leave and at the main door, B told the accused “tomorrow then we talk” and she wanted to make a police report. Five to ten minutes later, the accused came back with a friend. This friend told her husband “if you want to report, now report” and “since you report, ok we also report.”[note: 2] Thereafter, B called the police. The first information report (exhibit P2) shows that she called the police at 3.18 am. During cross-examination, B denied arguing with the accused outside the flat.

Evidence of PW4 C

8. PW4 C is the complainant’s husband. He first met the accused 6 to 7 months before the incident and they were drinking buddies and they would drink at coffeeshops together.

9. On the night in question, C, the accused, D, E and F were drinking together at a coffeeshop in [xxx]. At about 11.00pm, the adjourned to a karaoke lounge where they stayed until 2.00am. After that, D gave the others a lift back. D dropped all of them at a place near C’s flat. While the others went home, the accused tried to escort C home, despite his protestations that he was not drunk but just tipsy.

10. When they reached his flat, C vomited at the doorstep. He then opened the door to his flat and his wife came out and after she saw the mess, she went to take a pail of water to flush away the vomit.

11. The accused asked B for permission to go inside to wash his leg and B agreed. B followed her to the bathroom and took some liquid soap and dispensed some of it. Later, he clarified that he did not see his wife dispensing soap for the accused but heard about this from his wife[note: 3].

12. At the same time, C went to the basin next to the toilet to wash his mouth and face. He saw B standing outside the bathroom at the raised step which separated the bathroom from the kitchen and facing inside.

13. While he was washing up and looking at the mirror, out of the corner of his eye, he saw B slap the accused’s face. Later he clarified that he could see only the slapping action but could not be sure where the slaps landed but presumed that she slapped the accused’s face[note: 4].

14. He was surprised and asked her why she slapped the accused. B replied that the accused had used his hand to touch her breast. After that, she walked out to the hall and C and the accused followed. He overheard B telling the accused that she was going to report him to the police and the accused said “Auntie, misunderstanding” in Hokkien. The accused then left the flat.

15. About 10 to 15 minutes later, the accused returned with F. The accused told B “Auntie, if you want to report, now we go and report” and B replied that she would report the case tomorrow as it was late. After they left, B thought it over and called the police and police officers arrived at her flat.

16. The next day, at about 1.00pm to 2.00pm, D and F came to his flat to speak to him and B. They asked B to excuse the accused as he was young and had a good future. B refused to consider this.

Evidence of PW1 SSSGt Mohamed Deen

17. PW1 Senior Staff Sergeant Mohamed Deen (“SSSgt Mohamed”) is a police officer and deputy team leader. He was attached to Hougang NPC at the material time. At about 4 am on the morning in question, SSSgt Mohamed had returned to the NPC after conducting some supervisory checks. At the NPC, he saw the accused together with his male Chinese friend (later ascertained to be F). F wanted to lodge a police report on behalf of the accused to clear the accused’s name. After that, there was a bit of a commotion and he let the counter officer interview both of them. Both smelled of alcohol but were coherent in their speech.

18. Subsequently, SSSgt Mohamed realised that the accused was wanted for an offence of outraging of modesty which had been reported earlier that morning. He then spoke to the accused and the latter denied committing any crime. SSSgt Mohamed placed the accused under arrest and escorted him to Ang Mo Kio Police Station.

19. SSSgt Mohamed was not sure when the accused had gone to the statement but could not agree with the defence’s suggestion that he had gone to the NPC at 2.00am.

Evidence of PW3 SSgt Ho Cheow Hoe

20. Staff Sergeant Ho Cheow Hoe is the investigating officer in this case. He was called by the prosecution for the purpose of tendering photographs of the complainant’s flat.

Evidence of PW5 Satini Binte Ghani

21. Subsequently, after the defence had been called and after the accused gave evidence, the prosecution applied to call a police officer Sergeant Satini Binte Ghani (“Sgt Satini”) to tender the station diary of the Hougang NPC to show when the accused arrived. The defence also had no objections. While mindful of restrictions placed on such applications by the prosecution, I was of the view that given the equivocal evidence of PW1 SSSgt Mohamed, it would be in the interest of justice to have the objective notes of the station diary to give a clearer picture of what happened at the NPC that day.

22. Sgt Satini testified that at about 3.45am, the accused together with F came to Hougang NPC at 3.45am. As there was no other complainants in the NPC at that time, they were attended to promptly. The station diary also shows an entry at 3.45am recording the particulars of the accused and F.

23. I would add that ultimately that the evidence relating to the time the accused arrived at the police station was not a factor in my decision.

Close of the Prosecution Case

24. The defence did not make any submissions at the close of the prosecution’s case. After consideration of the evidence, I was satisfied that there was prima facie evidence which if accepted as accurate, would establish each essential element of the alleged offence. Accordingly, I called upon the accused to enter his defence and he elected to give evidence in his defence.

Defence

Evidence of the accused DW1 NC

25. The accused NC is a deliveryman and a friend of C, the complainant’s husband. They were part of a group that went drinking together. On the night in question, the accused, together with C, D, E and F went to D’s coffeeshop at [xxx] for drinks. As a group, they drank many bottles of stout and beer.

26. After 11.00pm, D suggested going to a karaoke lounge in [xxx] and they proceeded to the lounge. At the lounge, they continued drinking and C, after drinking less than one glass of beer, became unsteady and even fell down twice.

27. At around 1.25am to 1.30am, they left for home in D’s car. Upon reached Block [xxx], the accused looked unsteady after alighting and the accused asking C whether he should accompany him. C replied “up to you” and the accused decided to accompany C to his flat while F waited at the ground floor.

28. After they reached his flat, the accused pressed the door bell and knocked on the door. The complainant B opened the door and started uttering vulgarities at the accused and alleged that he was the reason her husband was drunk. She then slapped her C who then vomited all over the accused’s body. The accused, being aware that it was the middle of the night, asked B not to make so much noise and also asked for a pail of water to wash his body and the floor.

29. While the accused was using the pail of water to wash his clothing and his body, B suddenly took the pail of water and poured the water onto the floor. The accused then asked B whether there was a need for him to help C into the flat. When B remained silent, the accused decided to help C into the flat. He also claimed he entered the flat because he wanted to wash his body. As C was being escorted into the flat, B kept slapping C on his back while the accused kept warding off her slapping. The accused eventually managed to bring C to the front of the kitchen toilet door but after he let go of him, C tripped over the raised step of the toilet. The accused rushed forward to hold him to prevent him from falling and B did likewise. After that, B and C continued to quarrel.

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