PUBLIC PROSECUTOR v Yap Pow Foo

[2023] SGHC 79 High Court (General Division) 31 March 2023 HC/CC 32/2022
27 cases cited (26 SG, 1 foreign) Cited by 4 cases

Outcome

Sentence imposed

“I sentence the Accused to 17 years’ imprisonment and 16 strokes of the cane.”

Source: [2023] SGHC 79, High Court (General Division), decided 31 March 2023. Read directly from the judgment.

Key facts

Court High Court (General Division)
Decided
Judge Tan Siong Thye
Charges / claim Criminal Procedure and Sentencing
Outcome Sentence imposed
Sentence / award 17 years’ imprisonment
Counsel Attorney-General's Chambers, Dhillon & Panoo LLC, Chong Kee En, S S Dhillon, Suppiah Krishnamurthi, Susanna Yim

Source: [2023] SGHC 79, 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 accused
Suppiah Krishnamurthi Counsel for the accused
Susanna Yim Counsel for the prosecution

Parties (2)

Case Significance

Public Prosecutor v Yap Pow Foo [2023] SGHC 79 is the judgment on sentence delivered by Tan Siong Thye J in the General Division of the High Court, Criminal Case No 32 of 2022, on 31 March 2023. In the earlier Conviction Judgment, Public Prosecutor v Yap Pow Foo [2023] SGHC 11, the court had convicted the accused of a rape charge under s 375(1)(a) punishable under s 375(2) of the Penal Code (Cap 224, 2008 Rev Ed) and an aggravated house-breaking charge under s 457 read with s 458A, arising from events between 3:05am and 3:44am on 30 January 2017. The present judgment addressed sentencing, engaging principles of sentencing and mitigation.

Summary

Following his conviction, Yap Pow Foo was sentenced for a rape charge under s 375 and an aggravated house-breaking by night charge under s 457 read with s 458A of the Penal Code, committed against a victim in her dwelling in January 2017. The court considered the offence- and offender-specific factors, including that this was his ninth house-breaking by night offence. It imposed 13 years' imprisonment and 12 strokes for rape and four years' imprisonment and four strokes for house-breaking, ordered to run consecutively for a total of 17 years' imprisonment and 16 strokes of the cane.

What was Public Prosecutor v Yap Pow Foo [2023] SGHC 79 about?

It is the judgment on sentence for Yap Pow Foo, who was convicted in [2023] SGHC 11 of rape under s 375(1)(a) of the Penal Code and aggravated house-breaking under s 457 read with s 458A, over an incident on 30 January 2017. Tan Siong Thye J heard sentencing.

What charges was Yap Pow Foo convicted of ([2023] SGHC 79)?

Yap Pow Foo was convicted of a rape charge under section 375(1)(a) punishable under section 375(2) of the Penal Code, and an aggravated house-breaking charge under section 457 read with section 458A of the Penal Code, relating to conduct between 3:05am and 3:44am on 30 January 2017.

Statutes Cited

Cases Cited (27)

SG (4)
[2010] SGHC 138 [2014] SGHC 7 [2018] SGHC 58 [2023] SGHC 11
SLR (22)
[1991] 1 SLR(R) 14 [1993] 2 SLR(R) 406 [1995] 2 SLR(R) 7 [1995] 2 SLR(R) 766 [1999] 3 SLR(R) 292 [2006] 4 SLR(R) 10 [2006] 4 SLR(R) 849 [2007] 2 SLR(R) 814 [2008] 4 SLR(R) 500 [2013] 1 SLR 39 [2014] 2 SLR 998 [2015] 5 SLR 122 [2017] 2 SLR 1015 [2017] 2 SLR 449 [2017] 2 SLR 68 [2017] 5 SLR 681 [2018] 2 SLR 647 [2018] 5 SLR 799 [2019] 5 SLR 769 [2020] 2 SLR 1001 [2020] 2 SLR 970 [2020] 4 SLR 790
MY (1)
[2001] 2 MLJ 377

Cited By (4)

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 79)