Public Prosecutor v Rudi Salam bin Abdul Salim

• Jurisdiction: Singapore
• Court: District Court (Singapore)
• Judge: Paul Chan Wei Sern
• Judgment Date: 14 August 2024
• Neutral Citation: [2024] SGDC 206
• Citation: [2024] SGDC 206
• Published date: 25 August 2024
• Year: 2024
• Docket Number: Magistrate Arrest Case No 908865 of 2023 and 23 Others, Magistrate’s Appeals No 9147 of 2024-01
• Hearing Date: 26 July 2024
• Plaintiff Counsel: Gladys Lim (Attorney-General's Chambers) and Efny Syazwani (Customs)
• Defendant Counsel: Nakoorsha Bin Abdul Kadir and Rasveen Kaur (Nakoorsha Law Corporation)
• Subject Matter: Criminal Law,Offences,Cheating,Sexual penetration of a minor,Statutory offences,Computer Misuse Act,Unauthorised disclosure of access code,Customs Act,Dealing with uncustomed tobacco products,Voluntarily causing grievous hurt,Road Traffic,Driving whilst under disqualification order

District Judge Paul Chan:

From November 2021 to June 2023, the accused, Mr Rudi Salam bin Abdul Salim, embarked on a crime spree. He committed a range of sex, traffic, customs, hurt, computer misuse and cheating offences. Arising from this, the Prosecution preferred 24 charges against the accused. The accused ultimately pleaded guilty to nine offences and consented to have the other 15 charges taken into consideration for the purpose of sentencing. After considering the circumstances of the offending and the submissions of parties, I sentenced the accused to an aggregate sentence comprising: 67 months and 16 weeks’ imprisonment; an enhanced sentence of 433 days’ imprisonment; 6 strokes of the cane; and disqualification from holding or obtaining all classes of driving licences for a period of six years with effect from the accused’s release from prison.

As the accused has appealed against the sentence imposed, I now set out the reasons for my decision.

Charges

The charges to which the accused pleaded guilty and the corresponding sentences imposed for each charge were as follows. The full terms of the proceeded charges are set out in Annex 1.

Charge	Offence	Sentence imposed
1st Charge (DAC-908865-2023)	Sexual penetration of a minor involving penile-vaginal penetration Section 376A(1)(a) Penal Code (Cap 224, Rev Ed 2008) (“Penal Code 2008”) p/u Section 376A(2)(b) Penal Code p/u Section 50T(1)(a) Prisons Act (Cap 247, Rev Ed 2000) (“Prisons Act 2000”)	20 months’ imprisonment (consecutive) Enhanced sentence of 88 days’ imprisonment
2nd Charge (DAC-908866-2023)	Sexual penetration of a minor involving penile-vaginal penetration Section 376A(1)(a) Penal Code 2008 p/u Section 376A(2)(b) Penal Code 2008 p/u Section 50T(1)(a) Prisons Act 2000	20 months’ imprisonment (concurrent) Enhanced sentence of 345 days’ imprisonment
8th Charge (DAC-908872-2023)	Sexual penetration of a minor involving fellatio Section 376A(1)(a) Penal Code 2008 p/u Section 376A(2)(b) Penal Code 2008 p/u Section 50T(1)(a) Prisons Act 2000	14 months’ imprisonment (consecutive)
9th Charge (DAC-910062-2023)	Dealing with duty unpaid cigarettes Section 128I(1)(b) Customs Act 1960 (“Customs Act”) p/u Section 128L(4) Customs Act	Five months and two weeks’ imprisonment (consecutive)
11th Charge (DAC-920296-2023)	Unauthorised disclosure of access code to Singpass account Section 8(1) Computer Misuse Act 1993 (“Computer Misuse Act”) p/u Section 8(2) Computer Misuse Act p/u Section 50T(1)(a) Prisons Act 1933 (“Prisons Act 1933”)	Two months’ imprisonment (concurrent)
15th Charge (DAC-920486-2023)	Driving while under disqualification Section 43(4) Road Traffic Act 1961 (“Road Traffic Act 1961”) p/u Section 43(4)(b) Road Traffic Act 1961 p/u Section 50T(1)(a) Prisons Act 1933	14 weeks’ imprisonment (consecutive) Disqualified from holding or obtaining all classes of driving licences for a period of six years with effect from date of release
16th Charge (DAC-920487-2023)	Use of motor vehicle without insurance coverage Section 3(1)(a) Motor Vehicles (Third-Party Risks and Compensation) Act 1960 (“Motor Vehicles Act”) p/u Section 3(2) Motor Vehicles Act r/w Section 3(3) Motor Vehicles Act p/u Section 50T(1)(a) Prisons Act 1933	One week’s imprisonment (concurrent) Disqualified from holding or obtaining all classes of driving licences for a period of two years with effect from 26 July 2024
20th Charge (DAC-920610-2023)	Voluntarily causing grievous hurt Section 325 Penal Code 1871 ("Penal Code 1871”) r/w Section 34 Penal Code 1871 p/u Section 50T(1)(a) Prisons Act 1933	24 months’ imprisonment (consecutive) Six strokes of the cane
21st Charge (MAC-908138-2023)	Cheating Section 417 Penal Code 1871 r/w Section 109 Penal Code 1871 p/u Section 50T(1)(a) Prisons Act 1933	Four months’ imprisonment (consecutive)
Aggregate sentence	(a) 67 months and 16 weeks’ imprisonment; (b) an enhanced sentence of 433 days’ imprisonment; (c) 6 strokes of the cane; and (d) disqualification from holding or obtaining all classes of driving licences for a period of six years with effect from the accused’s release from prison.

The accused consented to have the following 15 charges taken into consideration for the purpose of sentencing. Five charges for sexual penetration of a minor, offences under section 376A(1) of the Penal Code 1871. One charge for dealing with duty unpaid cigarettes, an offence under section 128I(1)(b) of the Customs Act. One charge for driving without due care and attention, an offence under section 65(1)(a) of the Road Traffic Act (Cap 276, 2004 Rev Ed) (“Road Traffic Act 2004”). One charge for driving while under disqualification, an offence under section 43(4)(a) of the Road Traffic Act 2004. One charge for using a motor vehicle without insurance coverage, an offence under section 3(1)(a) of the Motor Vehicles (Third-Party Risks & Compensation Act (Cap 189, 2000 Rev Ed). One charge for exhibiting a forged driving licence, an offence under section 129(2)(d) of the Road Traffic Act 1961. One charge for driving a motor vehicle without a valid driving licence, an offence under section 35(1) of the Road Traffic Act 2004. One charge for use of a motor vehicle without insurance coverage, an offence under section 3(1)(a) of the Motor Vehicles Act. Two charges for abetting another individual to knowingly cause a computer to perform a function for the purpose of securing access without authority to a bank account, offences under section 3(1) of the Computer Misuse Act. One charge for cheating, an offence under section 415 of the Penal Code 1871.

Antecedents

The accused had a lengthy list of antecedents as set out below. He accepted these antecedents as correct.

Date of Conviction	Offence	Sentence
3 June 2009	Robbery	24 months’ juvenile home
5 January 2012	Four charges of house-trespass or house-breaking	Reformative Training Centre
Six charges of house-trespass or house-breaking	TIC
17 April 2015	Theft of motor vehicle	23 weeks’ imprisonment and 18 months’ disqualification
Driving without a valid driving licence	$800 fine (in default 4 day’s imprisonment)
Use of a motor vehicle without insurance coverage	$600 fine (in default 3 days’ imprisonment)
16 April 2015	Theft	TIC
Two charges of theft of a motor vehicle
Driving without a valid driving licence
Use of a motor vehicle without insurance coverage
19 April 2016	Theft of motor vehicle	12 months’ imprisonment (consecutive) and five years’ disqualification
Sexual penetration of a minor	ten months’ imprisonment (consecutive)
Two charges of sexual penetration of a minor	ten months’ imprisonment (concurrent)
Drug consumption	nine months’ imprisonment (consecutive)
Voluntarily causing hurt	Two months’ imprisonment (concurrent)
Two charges for theft of a motor vehicle	TIC
Taking motor vehicle without owner’s consent
Use of a motor vehicle without insurance coverage
Carrying offensive weapons in public places
Voluntarily causing hurt
Sexual penetration of a minor
20 April 2016	Driving while disqualified	One month’s imprisonment (concurrent) and three years’ disqualification
10 December 2018	Drug consumption	Three years’ imprisonment
Failing to report for urine test	Five months’ imprisonment
Two charges for failing to report for urine test	TIC
22 January 2020	Sexual penetration of a minor	15 months’ imprisonment
Sexual penetration of a minor	15 months’ imprisonment (concurrent)
Sexual penetration of a minor	TIC

1st, 2nd and 8th Charges Facts

The 1st, 2nd and 8th Charges were offences for sexual penetration of a minor. The accused accepted the following facts without qualification.

The 1st, 2nd and 8th Charges involve the same victim (“V1”). V1 was acquainted with the accused as the accused was previously in a relationship with V1’s older sister. Arising from that relationship, V1’s older sister also had a child with the accused. At all material times, the accused knew that V1 was the younger sister of his ex-girlfriend, that V1 was 14 years of age and that it was an offence to have sex with V1.

Facts relating to the 1st Charge

Sometime around the end of October 2021, V1 desired to earn some money during her school holidays. To that end, the accused invited her to join him in delivering parcels for a delivery service provider. V1 agreed and started working with the accused on 2 November 2021.

After work on 3 November 2021, V1 realised she had left her belongings in the accused’s van which was used to make deliveries. V1 arranged to meet the accused. After they had met, the accused asked V1 to accompany him to park his van at a multi-storey carpark. V1 agreed.

After parking the van, the accused asked the V1 to sit in the back of the van with him. Thereat, the accused started touching V1’s thigh, removing her pants and kissing her. He then started to rub and penetrate V1’s vagina with his fingers. V1 was scared. She felt “odd” because the accused was her sister’s ex-boyfriend and the father of her niece.¹ Thereafter, the accused penetrated the V1’s vagina with his penis multiple times. V1 felt pain but did not say anything. The accused was not wearing a condom and ejaculated inside V1.

After the sexual penetration, the accused passed V1 a plastic ziplock bag containing pills. He told V1 to take the pills daily as he was afraid that she might become pregnant and that he would be imprisoned.

Facts...