PP v Iryan bin Abdul Karim: Sexual Assault, Hurt, Sodomy in Prison
In Public Prosecutor v Iryan bin Abdul Karim, Muhammad Hamdan bin Abdul Rahman, and Mohammed Zameen bin Abdul Manoff ([2009] SGHC 272), the High Court of Singapore addressed charges of hurt and sexual assault among inmates in Changi Prison. Tay Yong Kwang J convicted the accused persons, Iryan bin Abdul Karim, Muhammad Hamdan bin Abdul Rahman and Mohammed Zameen bin Abdul Manoff, on multiple charges, including voluntarily causing hurt, sexual assault by penetration, and sodomy. The court sentenced the accused to imprisonment and caning, emphasizing the severity of their actions and the need for rehabilitation.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused persons convicted and sentenced to imprisonment and caning.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving sexual assault, hurt, and sodomy among inmates. Accused persons were convicted and sentenced to imprisonment and caning.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction of all accused persons | Won | Nicholas Khoo of Attorney-General’s Chambers David Khoo of Attorney-General’s Chambers Sellakumaran Sellamuthoo of Attorney-General’s Chambers |
| Iryan bin Abdul Karim | Defendant | Individual | Convicted on multiple charges, including hurt and sexual assault | Lost | |
| Muhammad Hamdan bin Abdul Rahman | Defendant | Individual | Convicted on multiple charges, including hurt and sexual assault | Lost | |
| Mohammed Zameen bin Abdul Manoff | Defendant | Individual | Convicted on multiple charges, including hurt, sexual assault, and sodomy | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nicholas Khoo | Attorney-General’s Chambers |
| David Khoo | Attorney-General’s Chambers |
| Sellakumaran Sellamuthoo | Attorney-General’s Chambers |
4. Facts
- The three accused persons and the victim were inmates sharing a cell in Changi Prison.
- The accused persons subjected the victim to repeated physical assaults over several days.
- The assaults included punching, kicking, and jumping on the victim's chest.
- The victim sustained severe injuries, including fractures to his sternum, ribs, and vertebrae.
- The accused persons forced the victim to perform sexual acts, including fellatio and sodomy.
- The victim did not report the assaults out of fear of retaliation from the accused persons.
- The victim eventually reported the assaults after his condition deteriorated and he was hospitalized.
5. Formal Citations
- Public Prosecutor v Iryan bin Abdul Karim and Others, CC 27/2009, [2009] SGHC 272
6. Timeline
| Date | Event |
|---|---|
| Victim first got to know Iryan, Hamdan and Zameen at the reformative training centre in Changi prison. | |
| Victim was released from the RTC. | |
| Victim met Zameen and they went to Geylang for a drink. | |
| Victim and Zameen were sentenced to 18 months’ imprisonment each for snatch theft. | |
| Lutfi was moved out from cell 5-55 and Iryan moved in. | |
| Iryan approached the victim in the cell and asked him to “spar” with him. | |
| Iryan kicked the victim in the face and ribs for bragging. | |
| Iryan and Zameen asked the victim to go to the toilet area and flush the toilet continuously. | |
| Victim was forced to choose tasks written on pieces of paper, including sexual acts. | |
| Zameen performed “blackout” on the victim. | |
| Victim “sparred” with Iryan and Zameen. | |
| Victim performed fellatio on Zameen and Iryan. | |
| Hamdan moved into the cell. | |
| Iryan, Hamdan and Zameen punched the victim’s chest. | |
| Hamdan jumped on the victim’s chest. | |
| Victim performed fellatio on Zameen and Iryan. | |
| Zameen sodomized the victim. | |
| Victim was forced to eat faeces. | |
| Accused persons played poker and forced the victim to act as a cheerleader. | |
| Accused persons kicked and punched the victim for dropping a plate. | |
| Accused persons punched the victim on the chest. | |
| Accused persons punched the victim on the chest. | |
| Accused persons punched the victim on the chest. | |
| Accused persons punched the victim on the chest, breaking his chest bone. | |
| Accused persons stretched the victim’s legs against the wall. | |
| Accused persons punched and kicked the victim on his chest. | |
| Victim performed fellatio on Zameen, Iryan and Hamdan. | |
| Victim pressed the intercom in the cell as he felt very sick and breathless. | |
| Victim was sent to Changi General Hospital. | |
| Victim told Staff Sergeant Raymond Yin Wei Chiang and another prison officer, Zulkifli bin Osman about the physical and the sexual assault. | |
| Dr Lim Swee Ho conducted a rectal examination on the victim. | |
| Victim was discharged from the hospital. | |
| Dr Tang Hui Kheng issued her medical report. | |
| Decision Date |
7. Legal Issues
- Voluntarily Causing Hurt
- Outcome: The court found the accused persons guilty of voluntarily causing hurt to the victim.
- Category: Substantive
- Voluntarily Causing Hurt by Dangerous Means
- Outcome: The court found the accused persons guilty of voluntarily causing hurt to the victim by dangerous means.
- Category: Substantive
- Voluntarily Causing Grievous Hurt
- Outcome: The court found the accused persons guilty of voluntarily causing grievous hurt to the victim.
- Category: Substantive
- Sexual Assault by Penetration
- Outcome: The court found the accused persons guilty of sexual assault by penetration of the victim's mouth.
- Category: Substantive
- Sodomy
- Outcome: The court found Mohammed Zameen bin Abdul Manoff guilty of sodomizing the victim.
- Category: Substantive
- Consent
- Outcome: The court held that the victim did not consent to the sexual acts due to fear of injury.
- Category: Substantive
- Common Intention
- Outcome: The court found that the accused persons acted in furtherance of a common intention.
- Category: Substantive
- Related Cases:
- [1999] 1 SLR 533
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Voluntarily Causing Hurt
- Voluntarily Causing Hurt by Dangerous Means
- Voluntarily Causing Grievous Hurt
- Sexual Assault by Penetration
- Sodomy
10. Practice Areas
- Criminal Law
- Prison Offences
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Quak Siew Hock David v PP | High Court | Yes | [1999] 1 SLR 533 | Singapore | Cited for the principle that mere presence at the scene is insufficient for liability under Section 34 of the Penal Code; presence must facilitate the execution of common intention. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 323 Penal Code | Singapore |
| s 324 Penal Code | Singapore |
| s 325 Penal Code | Singapore |
| s 376(1)(a) Penal Code | Singapore |
| s 376(3) Penal Code | Singapore |
| s 90 Penal Code | Singapore |
| s 34 Penal Code | Singapore |
| s 44 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sonic Blastman
- Fellatio
- Sodomy
- Common Intention
- Consent
- Bragging
- Sparring
- Blackout
- Strip Search
- Yard Time
- Modesty Wall
15.2 Keywords
- sexual assault
- hurt
- sodomy
- prison
- inmates
- Singapore
- Penal Code
- consent
- common intention
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Criminal Procedure | 90 |
| Sentencing | 85 |
| Offences | 70 |
| Prison Law | 50 |
16. Subjects
- Criminal Law
- Sexual Assault
- Prison Offences
- Hurt
- Sodomy