Public Prosecutor v MY

Public Prosecutor v MY

The prosecution failed to prove beyond reasonable doubt that there was penetration or an intention to penetrate necessary for attempted rape; however the accused's admitted act of putting his penis on the child's genitalia and masturbating constituted outrage of modesty under s 354, so the court amended the charge, convicted on the amended s 354 charge and the original third s 354 charge, and acquitted on attempted rape.

Citation
[2006] SGHC 89
Parties
Prosecution: Public Prosecutor; Accused: MY
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
26 May 2006
Case Number
CC 16/2006
Procedural Posture
Criminal / High Court Judgment
Outcome
Accused convicted on amended charge under s 354 and on third charge under s 354; acquitted on attempted rape (s 376(2)).
Legal Topics
Attempted Rape, Outrage of Modesty (s 354), Rape (s 376(2)), Child Witness Corroboration, Medical Evidence (hymen)
Source Language
English
Criminal Law Sexual Offences Evidence Attempted Rape Outrage of Modesty (s 354) Rape (s 376(2)) Child Witness Corroboration Medical Evidence (hymen)

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Parties

Public Prosecutor

Prosecution

MY

Accused

Procedural Posture

Criminal / High Court Judgment

Legal Issues

  1. 1 Whether the prosecution proved attempted rape (penetration and intent)
  2. 2 Whether the charge should be amended to outrage of modesty under s 354
  3. 3 Whether corroboration was required for the child complainant's evidence

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that there was penetration or an intention to penetrate necessary for attempted rape; however the accused's admitted act of putting his penis on the child's genitalia and masturbating constituted outrage of modesty under s 354, so the court amended the charge, convicted on the amended s 354 charge and the original third s 354 charge, and acquitted on attempted rape.

Court Disposition

Accused convicted on amended charge under s 354 and on third charge under s 354; acquitted on attempted rape (s 376(2)).

Orders

  • Convicted on amended first charge under s 354 (putting penis on complainant's vagina and masturbating; and using finger to poke/rub and insert into vagina)
  • Convicted on third charge under s 354 (rubbing breasts and touching vulva)