Public Prosecutor v Ng Jun Xian
| Judge | Mathew Joseph |
| Judgment Date | 16 November 2015 |
| Neutral Citation | [2015] SGDC 317 |
| Citation | [2015] SGDC 317 |
| Docket Number | DAC 920151 of 2015 & ORS |
| Published date | 20 January 2016 |
| Hearing Date | 23 September 2015,07 October 2015,02 September 2015,12 August 2015 |
| Plaintiff Counsel | Deputy Prosecutor Zhang Hongchuan |
| Defendant Counsel | Mr A Rajandran |
| Court | District Court (Singapore) |
The accused is 20 years old and was a National Serviceman at the time of his offences. He had pleaded guilty to 3 charges and was convicted and sentenced to 7 years imprisonment and 6 strokes of the cane for 2 sexual offences and a further 2 weeks imprisonment for a charge of riotous behaviour. Both the accused and the Prosecution have appealed against this sentence.
ChargesThe accused was convicted on the following three charges:-
The Facts
DAC-920151-2015
“You, are charged that you, on 8th day of November 2014 at around 5am, at Hotel 81 Lavender Street room number 304, Singapore, while in the room, did sexually penetrate with your index and middle finger of the left hand, the vagina of one B, female, then 22 years old (D.O.B.: 5th February 1992), without her consent, and you have thereby committed an offence under Section 376(2)(a) and punishable under Section 376(3) of the Penal Code (Cap 224, 2008 Rev Ed).
DAC-920152-2015
“You, are charged that you, on the 8th day of November 2014 at around 5am, at Hotel 81 Lavender Street room number 304, Singapore, did attempt to penetrate, with your penis, the vagina of one B, female, 23 years old, date of birth: 5th February 1992, without her consent, to wit, by rubbing your penis outside her vagina and trying to insert your penis into her vagina, and you have thereby committed an offence punishable under Section 375(1)(a) and punishable under Section 375(2) read with Section 511 of the Penal Code (Cap 224, 2008 Rev Ed).
MAC-906758-2015
“You, are charged that you, on 22nd November 2014 at about 1.45 am, at JD Pub located at No 5001 Beach Road #01-57/61, Golden Mile Complex, Singapore, which is a public place, did behave in a riotous manner, to wit, by participating in a fight including at least 5 other persons, throwing a chair at one of your opponents and throwing punches, and you have thereby committed an offence under Section 20 of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184,1997 Rev Ed).
The Statement of Facts in relation to the 3 charges proceeded with is set out below -
1. The accused person is Ng Jun Xian, a 20 years old male, Chinese/Singapore Citizen, NRIC: xxx. He is currently unemployed.
2. The victim is B, 23 years old female/Taiwanese. She was a tourist (social visit pass holder) in Singapore to visit her boyfriend.
Facts leading to DAC-920151-2 of 2015
3. The victim is B, a 23-year-old female, a Taiwanese. At the material time of the incident, the victim was a tourist (social visit pass holder) in Singapore to visit her boyfriend.
4. The witnesses are: a) A2: Ng Chee Ngee, a 21-year-old male (“Ng”). He is the offender’s friend who was outside the hotel room when the attempted rape / sexual assault took place.b) A3: Ng Weng Fai, a 29-year-old male (“counter staff”). He was the counter staff on duty when the accused checked into Hotel 81 Lavender.
5. A few weeks before 8 November 2014, the victim met the offender in Club Sonar, located at Orchard Hotel, 442 Orchard Road, Singapore. When they first met, they were there respectively with their own friends for drinks. They exchanged numbers on that occasion.
6. On 8 November 2014, sometime before 2.30am, the accused messaged the victim by sending her a text message asking to meet her at Club Sonar located at Orchard Hotel, 442 Orchard Road, Singapore (“Club Sonar”). The victim agreed and proceeded there. The accused was with his friend, Ng.
7. Sometime after 2.30am, the victim met up with the accused and Ng. Three of them had drinks and enjoyed the music at Club Sonar. At about 4am, the victim wanted to return back to her hostel, Mori Hostel, located at 429 Race Course Road. However, the accused stated that he would send her to a hotel so that she may rest there instead. The victim was initially reluctant but eventually obliged after the accused assured her that she would be left alone in the hotel room to sleep.
8. The accused, the victim and Ng then got on to a taxi and the accused directed the taxi to proceed to Hotel 81, located at 85 Lavender Street, Singapore (“the hotel”).
9. When three of them arrived at the hotel, the accused and the victim then went to the counter to register for a hotel room, while Ng was smoking outside the hotel. Before the accused and the victim went to the room, the accused had told Ng to wait at the hotel lobby. As the accused forgot to bring any identification documents, he had borrowed Ng’s SAF 11B (SAF NRIC) to register for the room. The accused and the victim proceeded to room #03-04.
10. When the accused and the victim reached the said hotel room, the victim laid down on the bed. She told the accused that she wanted to rest and asked him to leave the room. However, the accused did not leave the room and tried to kiss her on her lips. She was shocked and thus bit his lip. The accused also touched the victim’s buttocks twice. The accused then pushed her down on the bed. He forcefully and successfully took out her ‘nu bra’ from her top and squeezed her left breast. The victim put up a hard struggle and kept shouting “bu yao, bu yao,bie peng wo” (don’t want don’t want, don’t touch me). She also bit him all over his body during the struggle.
11. The victim’s shouts of “bu yao, bu yao, bie peng wo” (don’t want don’t want, don’t touch me) were heard by Ng who had proceeded to the hotel room after a smoke. Upon hearing the victim’s shouts, Ng kept knocking on the hotel door and shouting the accused’s name but there was no response.
12. The accused tried to cover the victim’s mouth with his hand. She could not escape as he was sitting on top of her. The accused turned the victim’s body around such that her face was facing the bed. He grabbed her waist and forcefully pulled down her pants, with her panties also pulled down together. The victim felt the accused inserting a few fingers and digitally penetrating her 2-3 times. The accused admitted that he used the index and middle fingers of his left hand to penetrate the victim’s vagina.
13. The accused then unzipped his jeans, and tried to insert his penis into her vagina. The victim could feel the accused’s penis rubbing and thrusting towards the outside of her vagina from the back. However, the accused’s penis did not successfully enter her vagina.
14. The victim continued struggling and successfully pushed the accused off the bed. Due to the struggle, the victim suffered several bruises on her hands, face, arms and legs. After she broke free, she ran towards the door. However, the accused got up, caught her and slapped her hard on her left cheek once. She felt giddy and he pushed her to the bed. They continued to struggle and the victim took a coffee cup and threw it at him. Shortly after this, he stopped struggling with her and suddenly knelt down in front of her and apologised.
15. While the accused was kneeling down, the victim quickly wore her clothes. She went out of the room and took a taxi to leave the hotel. The counter staff also saw the victim coming down from the lift alone and noticed that the victim was crying and her face was red and swollen.
16. Thereafter, the victim lodged a police report on the same morning, at about 8.29am.
Medical evidence and photos of victim’s injuries
17. The victim was sent for medical examination at KK Women’s and Children’s Hospital on the same day of the incident. The medical report dated 19 November 2015 by Dr Karuna Mary Lional of KK Women’s and Children’s Hospital states the following injuries: a) Bruising over her left cheek; b) Chipped left front tooth; c) 4cm cut over her left upper arm; d) Skin excoriation (chafing) on her 4th interphalangeal joint (finger), and e) Bluish discoloration on the left shin and knee and right shin.
18. Photos were also taken of the victim’s injuries on the same day (see Annex A below).
19. The accused was arrested on 8 November 2014 pursuant to the victim’s police report.
During police investigations, the accused informed that he formed the intention to rape the victim when he entered the room and saw her lying on the bed. He had a “strong sexual drive and urge” and “wanted to have sex with her”.
20. By virtue of the foregoing, the accused had committed offences of: a) sexual assault by penetration under s 376(2)(a) punishable under s 376(3) of the Penal Code (Cap 224, 2008 Rev Ed); and b) attempted rape under s 375(1)(a) and punishable under s 375(2) read with s 511 of the Penal Code
21. Shortly after committing the above-mentioned offences, the accused was arrested again on 22 November 2014 for the following MAC charge.
Facts relating to MAC 906758 of 2015
22. The complainant is Pang Chee Wee, male/43 years old, Singaporean. He is the owner of JD Pub located at No 5001 Beach Road #01-57/61, Golden Mile Complex, Singapore (“JD Pub”).
23. The other co-accused persons are: a) B1 Jeremy Ong Jia Jun, male/20 years old, NRIC xxx b) B2 Cher Ze En Douglas, male/ 25 years old, NRIC xxx c) B3 Wu Wai Chung, male/24 years old NRIC xxx d) B4 Ang Wei Long, male/22 years old NRIC xxx e) B5 Goh Kok Seng, male/18 years old NRIC xxx
24. On 22 November 2014 at around 1.47 am, police received a call stating ‘there is a fight at JD Pub’.
25. Investigation revealed that on 22 November 2014 at about 12.10 am, the accused together with 2 of his friends, B1 and one Alvin Lim (male/22 years old, NRIC: xxx), patronized JD Pub. The pub was rather crowded. The accused and his friends sat together with B2 and B3 who were briefly acquainted with B1, and some others. B4 and B5 were also at the same pub seated with their own friends. There was a separate group of more than 10 Chinese patrons seated having a birthday celebration.
26. While the accused and his friends were drinking, an unknown Chinese patron from the group ...
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