PUBLIC PROSECUTOR v Yap Pow Foo

[2023] SGHC 11 High Court (General Division) 16 January 2023 HC/CC 32/2022
17 cases cited (16 SG, 1 foreign) Cited by 5 cases

Key facts

Court High Court (General Division)
Decided
Judge Tan Siong Thye
Charges / claim Criminal Law
Counsel Attorney-General's Chambers, Dhillon & Panoo LLC, Chong Kee En, S S Dhillon, Suppiah Krishnamurthi, Susanna Yim

Source: [2023] SGHC 11, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (6)

Attorney-General's Chambers Firm Dhillon & Panoo LLC Firm Chong Kee En Counsel for the prosecution
S S Dhillon Counsel for the defence
Suppiah Krishnamurthi Counsel for the defence
Susanna Yim Counsel for the prosecution

Parties (2)

Case Significance

Public Prosecutor v Yap Pow Foo [2023] SGHC 11 was heard in the General Division of the High Court by Tan Siong Thye J across numerous trial dates from 28 June to 27 September 2022 and 12 January 2023, with judgment reserved and delivered on 16 January 2023. The accused, Yap Pow Foo, is a 47-year-old male Singapore citizen; the victim is a 39-year-old female Chinese national whose identity the court prohibited from publication on the Prosecution's application. The Prosecution alleged that the accused entered the victim's house without permission in the early hours of 30 January 2017 and raped her, shortly after they first met at a KTV lounge at Bugis Cube on 29 January 2017. Two charges were preferred under the Penal Code (Cap 224, 2008 Rev Ed), the first charge alleging rape between 3:05am and 3:44am on 30 January 2017. The catchwords concern sexual offences; statutes cited include the Criminal Procedure Code, Evidence Act, Penal Code and Protection from Harassment Act.

Summary

The Prosecution charged Yap Pow Foo, a 47-year-old man, with raping a 39-year-old woman he had met earlier that evening at a KTV lounge, plus a housebreaking by night charge for entering her home to commit the offence, under sections 375 and 457 of the Penal Code. The central issue was whether the Prosecution had proven the charges beyond reasonable doubt against the accused's account. Tan Siong Thye J found the accused's testimony inconsistent and unreliable and convicted him on both the rape and housebreaking charges.

What was Public Prosecutor v Yap Pow Foo [2023] SGHC 11 about?

Heard by Tan Siong Thye J with judgment delivered on 16 January 2023, the case concerned two Penal Code charges against Yap Pow Foo, a 47-year-old Singapore citizen, alleging he entered a 39-year-old victim's house without permission and raped her in the early hours of 30 January 2017.

How did the accused and victim in Yap Pow Foo come to meet ([2023] SGHC 11)?

According to the Prosecution's allegations, the accused Yap Pow Foo met the victim, a 39-year-old female Chinese national, for the first time at a KTV lounge located at Bugis Cube on 29 January 2017, shortly before the alleged offences on 30 January 2017.

Statutes Cited

Cases Cited (17)

SG (3)
[2018] SGHC 243 [2019] SGHC 105 [2020] SGCA 74
SLR (13)
[1995] 1 SLR(R) 419 [1995] 3 SLR(R) 755 [1998] 2 SLR(R) 211 [2001] 2 SLR(R) 131 [2006] 1 SLR(R) 319 [2006] 4 SLR(R) 45 [2008] 4 SLR(R) 686 [2012] 3 SLR 34 [2016] 5 SLR 636 [2017] 2 SLR 1015 [2017] 4 SLR 474 [2018] 2 SLR 1087 [2019] 1 SLR 1003
MY (1)
[1969] 2 MLJ 63

Cited By (5)

Related cases

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Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 11)