GHA v PUBLIC PROSECUTOR

[2024] SGHC 186 High Court (General Division) 22 July 2024 • HC/CM 95/2023|HC/MA 9176/2023/01 • 26 min read

10 cases cited (9 SG, 1 foreign)

Catchwords

Criminal Law — Statutory offences — Penal Code Criminal Procedure and Sentencing — Appeal — Adducing fresh evidence

Practice Areas

Criminal Law Criminal Procedure and Sentencing

Judges (1)

Vincent Hoong Delivered

Counsel (5)

Attorney-General's Chambers Firm Ramesh Tiwary Advocates & Solicitors Firm Gladys Lim Counsel Respondent Lim Ying Min Counsel Respondent Ramesh Tiwary Counsel Appellant

Parties (2)

Public Prosecutor Respondent GHA Appellant

Case Significance

GHA v Public Prosecutor and another matter [2024] SGHC 186 was a grounds of decision of the General Division of the High Court delivered by Vincent Hoong J on 22 July 2024, in Criminal Motion No 95 of 2023 and Magistrate's Appeal No 9176 of 2023. The appellant, GHA, had claimed trial to five charges of aggravated outrage of modesty punishable under s 354(2) of the Penal Code (Cap 224, 2008 Rev Ed). The District Judge convicted him and sentenced him to 16 months' imprisonment for each charge, with three sentences ordered to run consecutively for an aggregate of 48 months' imprisonment.

GHA filed an appeal against his conviction and sentence and a criminal motion for leave to adduce further evidence. Before the hearing, his counsel confirmed by letter that he was no longer appealing against the sentence. Vincent Hoong J dismissed both the motion to adduce fresh evidence and the appeal. The judgment records that GHA was the teacher-in-charge of the co-curricular activity for scouts and the Head of Department for character and citizenship education in a primary school, and that the victim was a student and scouts member who was 10 to 11 years old at the time of the offences. The appellant was represented by Ramesh Tiwary Advocates & Solicitors and the prosecution by the Attorney-General's Chambers.

Summary

The appellant, a primary school teacher who was in charge of the scouts co-curricular activity, claimed trial to five charges of aggravated outrage of modesty under section 354(2) of the Penal Code involving a student aged 10 to 11, was convicted by the District Judge and sentenced to an aggregate of 48 months' imprisonment. He appealed against conviction and filed a criminal motion to adduce further evidence, having confirmed he was no longer appealing against sentence. The General Division of the High Court dismissed both the criminal motion to adduce fresh evidence and the appeal against conviction.

What was the sentence in GHA v Public Prosecutor [2024] SGHC 186?

The District Judge convicted GHA of five charges of aggravated outrage of modesty under s 354(2) of the Penal Code and imposed 16 months' imprisonment per charge, with three running consecutively for an aggregate of 48 months. Vincent Hoong J dismissed the appeal against conviction on 22 July 2024.

Did GHA succeed in adducing fresh evidence in GHA v Public Prosecutor?

No. Vincent Hoong J dismissed both GHA's criminal motion for leave to adduce further evidence and his appeal against conviction. GHA had earlier confirmed through counsel that he was no longer appealing against his 48-month aggregate sentence for aggravated outrage of modesty.