Public Prosecutor v UQ

• Jurisdiction: Singapore
• Judge: Wong Li Tein
• Judgment Date: 02 August 2007
• Neutral Citation: [2007] SGJC 2
• Court: Juvenile Court (Singapore)
• Year: 2007
• Published date: 18 September 2007
• Plaintiff Counsel: INSP Ting Nge Kong
• Defendant Counsel: The Juvenile in person
• Citation: [2007] SGJC 2

[EDITORIAL NOTE: The details of this judgment have been changed to comply with the Children and Young Persons Act and/or the Women's Charter]

2 August 2007

Magistrate Wong Li Tein:

1 On 13 June 2007, UQ, a female juvenile aged 12 years and 10 months (“the Juvenile”), was charged with the following offences under the Penal Code:

JAC 643/2007

You, UQ, F/12 yrs, DOB: 30 Aug 1994 are charged that you, on 13^th day of April 2007 at or about 1.30pm, outside Boon Lay Secondary School, along Jurong West St 65, Singapore, together with B, F/15 yrs, C, F/12 yrs, D, F/14 yrs, E/14 yrs, G, F/14 yrs, H, M/14 yrs, K, F/13 yrs, N, F/17 yrs, P, M/13 yrs, Q, F/12 yrs, R, M/17 yrs, S, M/15 yrs, T, M/12 yrs, W, M/13 yrs, X, M/14 yrs, Y, M/14 yrs, Z, M/14 yrs, and several others, were members of an unlawful assembly whose common object was to cause hurt to V, M/14 yrs and you have thereby committed an offence punishable under Section 143 of the Penal Code, Chapter 224.

JAC 644/2007

You, UQ, F/12 yrs, DOB: 30 Aug 1994 are charged that you, on 13^th day of April 2007 at or about 1.40pm, at the 16^th floor of Blk 669B Jurong West St 64, Singapore, together with B, F/15 yrs, C, F/12 yrs, D, F/14 yrs, E/14 yrs, G, F/14 yrs, H, M/14 yrs, K, F/13 yrs, N, F/17 yrs, P, M/13 yrs, Q, F/12 yrs, R, M/17 yrs, S, M/15 yrs, T, M/12 yrs, W, M/13 yrs, X, M/14 yrs, Y, M/14 yrs, Z, M/14 yrs, and several others, were members of an unlawful assembly whose common object was to cause hurt to V, M/14 yrs and in the furtherance of the common object of such assembly, one or more of you had used violence, to wit by punching and kicking the said V and you have thereby committed an offence punishable under Section 147 of the Penal Code, Chapter 224.

2 The case was adjourned for a week as the Juvenile denied being involved in the offences. At the next mention date on 21 June 2007, the Juvenile decided to plead guilty to the charges for which she faced. She also admitted to the Statement of Facts (exhibit “A”) without qualification. The salient points are as follows:

(a) V (“the Victim”), a 14-year-old male student, joined Pa Hai Tong Secret Society (“the gang”) on 4 April 2007, under the leadership of R and X. He subsequently decided to leave the gang and informed X. X conveyed the message to r, who instructed that the Victim should be beaten up.

(b) On 13 April 2007, R waited for the Victim outside school with other gang members, including Z, X, W, P, H, Y, T, S, N, Q, G, K, E, D, C, B and the juvenile. Y is the juvenile’s older brother. r then informed the victim that if he wanted to leave the gang, he would be assaulted.

(c) The Victim was brought by the Juvenile and accomplices to the 16^th floor of block 669B Jurong West St 64 at around 1.30pm. The Victim was surrounded by the Juvenile and accomplices at the lift lobby and told that he would be beaten up for the duration it took for N to finish smoking a cigarette. As soon as N lit up, R moved in to punch the Victim in the stomach, causing him to bend forward. He then thrust his elbow in the Victim’s back. Several of the accomplices then moved in to punch and kick the Victim at the same time. A few minutes later, someone shouted that a resident was looking at them and the gang moved to the 11^th floor.

(d) The Victim was assaulted again by the gang members on 16 April 2007.

(e) The Victim sought medical treatment at NTUC Medicare Family Clinic on 19 April 2007. Dr Jerry Chng’s medical report (Exhibit “B”) stated that there was a 2.5cm by 1.0cm bruise over the Victim’s right forearm, a 1.0cm x 1.0cm bruise over his left forearm and a 2cm cut at the inner aspect of his upper lips.

3 The Juvenile also faced two other rioting charges under section 147 of the Penal Code, which were taken into consideration for purposes of Court order. The third and fourth charges read:

JAC 645/2007

You, UQ, F/12 yrs, DOB: 30 Aug 1994 are charged that you, on 13^th day of April 2007 at or about 1.50pm, at the 11^th floor of Blk 669B Jurong West St 64, Singapore, together with B, F/15 yrs, C, F/12 yrs, D, F/14 yrs, E/14 yrs, G, F/14 yrs, H, M/14 yrs, K, F/13 yrs, N, F/17 yrs, P, M/13 yrs, Q, F/12 yrs, R, M/17 yrs, S, M/15 yrs, T, M/12 yrs, W, M/13 yrs, X, M/14 yrs, Y, M/14 yrs, Z, M/14 yrs, and several others, were members of an unlawful assembly whose common object was to cause hurt to V, M/14 yrs and in the furtherance of the common object of such assembly, one or more of you had used violence, to wit by punching and kicking the said V and you have thereby committed an offence punishable under Section 147 of the Penal Code, Chapter 224.

JAC 646/2007

You, UQ, F/12 yrs, DOB: 30 Aug 1994 are charged that you, on 16^th day of April 2007 at or about 3pm, outside Boon Lay Secondary School, along Jurong West St 65, Singapore, together with H, M/14 yrs, B, F/15 yrs, JJ, M/14 yrs, G, F/13 yrs, K, F/13 yrs, N, F/17 yrs, P, M/13 yrs, BB, M/13 yrs, Q, F/12 yrs, DD, M/13 yrs, S, M/15 yrs, T, M/12 yrs, W, M/13 yrs, EE, M/14 yrs, X, M/14 yrs, GG, M/13 yrs, Y, M/14 yrs, Z, M/14 yrs, and several others, were members of an unlawful assembly whose common object was to cause hurt to V, M/14 yrs and in the furtherance of the common object of such assembly, one or more of you had used violence, to wit by strangling and choking the said V and you have thereby committed an offence punishable under Section 147 of the Penal Code, Chapter 224.

4 I found the Juvenile guilty of the charges for which she faced on 21 June 2007. In mitigation, her father pleaded for leniency as he believed that she will change. As both parents are working, he has made arrangements for his father to help supervise the Juvenile and her brother after school. The Juvenile’s mother also pleaded for the Court to give her a second chance.

Probation Report

5 Ms Chen Weiwen, the probation officer from Probation Services Branch (PSB), Ministry of Community Development, Youth and Sports (MCYS), submitted a report to the Court highlighting the background of the Juvenile and her risk factors. She assessed the Juvenile to be suitable for probation with a period of detention in the Singapore Girls’ Home.

The Court’s Decision

6 Under section 28 of the Children and Young Persons Act (CYPA), the Court is required to have regard to the welfare of the Juvenile and where deemed necessary, to take proper steps to remove her from her undesirable surroundings as well as to ensure adequate provision for her education and training. Section 28 reads:

“28. —(1) Every court in dealing with a child or young person who is brought before it, either as being in need of care or protection, or as an offender or otherwise, shall have regard to the welfare of the child or young person and shall, in a proper case, take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training.”

7 Therefore, the Juvenile Court’s duty is more than to simply impose the dispositional order to commensurate with the seriousness of the offence when meting out the most appropriate order against the offender. The paramount consideration must be how the young offender can be reformed, rehabilitated and re-integrated into society, and how provisions may be made for her education and training. The Court must be acutely aware of the Juvenile’s individual strengths, weaknesses and limitations so that the Court order may be effective towards these purposes.

8 I bore in mind that in some cases, the risk factors which the Juvenile faces would hinder or limit her effective rehabilitation. When considering if a juvenile is suitable for probation, the risk of re-offending must be balanced with the benefits of community-based rehabilitation. Having considered fully the facts and circumstances of this case, I am of the view that probation with a period of hostel stay is necessary for the Juvenile for the reasons stated below.

Family Background

9 The Juvenile comes from an intact family with working parents. They reside in a purchased 4-room HDB flat. Her father is a 40-year-old toolmaker, working five and a half days a week from 8.00am to 7.00pm and earning approximately $1500.00 monthly. He is an undischarged bankrupt. Her mother is 41 years of age and a baker. She works four days a week from 7.00am to 4.00pm and brings home $900.00 a month.

10 The Juvenile’s 14 year old brother, Y, is an accomplice in the present charges and a member of the gang. He is a Secondary 2 Normal (Academic) student and shares a very close relationship with the Juvenile. As they are in the same school, the Juvenile is noted to follow him in a lot of his activities. She mixes around with his friends. On 16 May 2007, the Juvenile’s brother...