Chong Yee Ka v Public Prosecutor: Maid Abuse, Sentencing Appeal, Psychiatric Conditions

Chong Yee Ka appealed to the High Court of Singapore against sentences imposed by the District Court for two charges of maid abuse. The High Court, presided over by See Kee Oon J, considered the appellant's psychiatric conditions, including major depressive disorder and obsessive-compulsive disorder, and their impact on her culpability. The court allowed the appeal, setting aside the imprisonment sentences and substituting them with fines of $7,500 per charge, totaling $15,000, in default four weeks' imprisonment.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed and the appellant's imprisonment sentences are set aside and substituted with the maximum fine of $7,500 per charge, in default two weeks’ imprisonment in respect of each charge. Her total fine is thus $15,000 in default four weeks’ imprisonment.

1.3 Case Type

Criminal

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against sentences for maid abuse. The court considered the appellant's psychiatric conditions and reduced the imprisonment sentences to fines.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorRespondentGovernment AgencyAppeal DismissedLost
Stephanie Koh of Attorney-General’s Chambers
Bhajanvir Singh of Attorney-General’s Chambers
Chong Yee KaAppellantIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
See Kee OonJudgeYes

4. Counsels

Counsel NameOrganization
Stephanie KohAttorney-General’s Chambers
Bhajanvir SinghAttorney-General’s Chambers
Quek Mong HuaLee & Lee
Jacqueline ChuaLee & Lee

4. Facts

  1. The appellant was charged with three counts of voluntarily causing hurt to her domestic worker.
  2. The offences were committed over a duration of nearly 20 months.
  3. The Prosecution proceeded with two charges pertaining to incidents in April 2015.
  4. The appellant pleaded guilty and admitted to the Statement of Facts without qualification.
  5. The District Judge sentenced her to three weeks’ imprisonment in each charge, ordering the terms to run concurrently.
  6. The appellant filed an appeal against the sentence and a criminal motion to admit additional evidence.
  7. The victim sustained head and eye injuries, including a bruise below her right eye.
  8. The appellant was diagnosed with major depressive disorder and obsessive-compulsive disorder.

5. Formal Citations

  1. Chong Yee Ka v Public Prosecutor, Magistrate’s Appeal No 9089 of 2016 and Criminal Motion 43 of 2016, [2017] SGHC 47
  2. Public Prosecutor v Chong Yee Ka, , [2016] SGMC 17

6. Timeline

DateEvent
Ms Aye Moe Khaing started working in the appellant’s household
First offence of abuse took place
Abuse incident occurred
Abuse incident occurred
Ministry of Manpower informed of the victim’s allegations of abuse
Victim seen at Khoo Teck Puat Hospital
Dr Ung’s first report was prepared
Dr Ung’s second report was prepared
Dr Koh’s first report was prepared
Dr Koh’s second report was prepared
Appellant pleaded guilty
Dr Ung’s third report was prepared
Dr Ung’s supplementary medical report was prepared
Hearing date
Hearing date
Dr Koh’s third report was prepared
Defence filed further written submissions
Judgment reserved

7. Legal Issues

  1. Sentencing for Maid Abuse
    • Outcome: The court reduced the imprisonment sentences to fines, considering the appellant's psychiatric conditions and other mitigating factors.
    • Category: Substantive
    • Sub-Issues:
      • Appropriateness of custodial sentence
      • Consideration of psychiatric conditions
      • Aggravating factors
      • Mitigating factors
    • Related Cases:
      • [2010] 1 SLR 874
      • [2014] 3 SLR 299
  2. Admissibility of Fresh Evidence
    • Outcome: The court allowed the admission of the supplementary medical report.
    • Category: Procedural
    • Sub-Issues:
      • Relevance
      • Reliability
      • Non-availability
    • Related Cases:
      • [2017] SGCA 9
      • [1954] 1 WLR 1489

8. Remedies Sought

  1. Appeal against sentence
  2. Admission of additional evidence

9. Cause of Actions

  • Voluntarily causing hurt

10. Practice Areas

  • Criminal Law
  • Sentencing Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ADF v Public Prosecutor and another appealCourt of AppealYes[2010] 1 SLR 874SingaporeEstablished the norm of a custodial term for maid abuse.
Soh Meiyun v Public ProsecutorN/AYes[2014] 3 SLR 299SingaporeCited for the principle that the custodial threshold may not be crossed if the appellant suffered from depression and obsessive-compulsive disorder with a causal link to the offences.
Chong Hou En v Public ProsecutorN/AYes[2015] 3 SLR 222SingaporeCited regarding the ability to control or refrain from committing criminal acts because of mental disorder.
Iskandar bin Rahmat v Public Prosecutor and other mattersCourt of AppealYes[2017] SGCA 9SingaporeAffirmed the principles for the admission of fresh evidence in a criminal appeal as set out in Soh Meiyun.
Ladd v MarshallN/AYes[1954] 1 WLR 1489N/ACited for the three conditions of non-availability, relevance and reliability for the admission of fresh evidence.
Public Prosecutor v Tan Thian EarnN/AYes[2016] 3 SLR 269SingaporeCited regarding the sentencing court's consideration of other possible offences for which the accused has not been charged.
Vasentha d/o Joseph v Public ProsecutorN/AYes[2015] 5 SLRSingaporeCited regarding not punishing the appellant for conduct which is not the subject of any charge brought against her.
Public Prosecutor v Juminem and anotherN/AYes[2005] 4 SLR(R) 536SingaporeCited regarding the court's judgment in choosing which expert opinion to favor when confronted by a conflict of opinion of learned professionals.
Ng Chun Hian v Public ProsecutorN/AYes[2014] 2 SLR 783SingaporeCited regarding that a Newton hearing is the exception rather than the norm.
Mohamed Shouffee bin Adam v Public ProsecutorN/AYes[2014] 2 SLR 998SingaporeCited regarding the totality principle.
PP v Loqmanul Hakim bin BuangN/AYes[2007] 4 SLR(R) 753SingaporeCited regarding a specifically deterrent sentence.
Public Prosecutor v Cheah Yow LingDistrict CourtYes[2009] SGDC 385SingaporeThe accused was diagnosed to have a major depressive disorder of moderate severity during her pregnancy, at the time of the offences. The District Judge imposed a $6,000 fine after taking into account the mental state of the accused.
Public Prosecutor v Ng Tong KokMagistrate CourtYes[2016] SGMC 52SingaporeThe accused was similarly diagnosed with major depressive disorder of moderate severity and was found to be under “caregiver stress” at the time of the offences. In the light of the accused’s psychiatric conditions and given that the injuries were not serious, the District Judge found a custodial sentence to be inappropriate in that case.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed) s 323Singapore
Penal Code (Cap 224, 2008 Rev Ed) s 73(2)Singapore
Penal Code s 300Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Maid abuse
  • Psychiatric conditions
  • Sentencing
  • Aggravating factors
  • Mitigating factors
  • Causal link
  • Contributory factor
  • Depression
  • Obsessive-compulsive disorder
  • Fresh evidence
  • Newton hearing

15.2 Keywords

  • maid abuse
  • sentencing appeal
  • psychiatric conditions
  • domestic worker
  • depression
  • obsessive compulsive disorder

17. Areas of Law

Area NameRelevance Score
Domestic Maid Abuse95
Criminal Law90
Criminal Procedure85
Sentencing80
Appeal75
Psychiatric Evidence60
Personal Injury50
Admissibility of evidence40
Evidence40

16. Subjects

  • Criminal Law
  • Sentencing
  • Psychiatry
  • Domestic Violence