Public Prosecutor v CAX: Sexual Offences Against a Child
In Public Prosecutor v CAX, the High Court of Singapore heard a case against CAX, who was accused of committing 13 sexual offences against his biological daughter, C, between 2012 and 2019. CAX denied all charges. The court, presided over by Valerie Thean J, acquitted CAX on all counts, citing a lack of corroborating evidence and inconsistencies in C's testimony.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
CAX acquitted on all thirteen charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
CAX faces 13 charges of sexual offences against his daughter. The court acquitted CAX due to a lack of corroborating evidence and inconsistencies in the complainant's testimony.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Lost | Lost | David Khoo Kim Leng of Attorney-General’s Chambers Angela Ang of Attorney-General’s Chambers Tay Jia En of Attorney-General’s Chambers Kelly Ng Wei Qi of Attorney-General’s Chambers |
| CAX | Defense | Individual | Won | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Khoo Kim Leng | Attorney-General’s Chambers |
| Angela Ang | Attorney-General’s Chambers |
| Tay Jia En | Attorney-General’s Chambers |
| Kelly Ng Wei Qi | Attorney-General’s Chambers |
| Cory Wong Guo Yean | Invictus Law Corporation |
| Ramesh Chandr Tiwary | Ramesh Tiwary Advocates & Solicitors |
4. Facts
- The complainant, aged 16 at the time of the judgment, is the biological daughter of the accused, aged 37.
- The accused faced 13 charges for committing various sexual offences against the complainant from 2012/2013 to 2019.
- The complainant disclosed the abuse to friends, teachers, and doctors, starting in June 2019.
- Medical examinations revealed the complainant had Chlamydia Trachomatis, but the accused tested negative.
- The accused denied all charges, claiming the incidents never happened.
- The complainant made a retraction of her initial allegations in a text message to G.
- The complainant kept a personal diary but did not record any instances of sexual abuse.
5. Formal Citations
- Public Prosecutor v CAX, Criminal Case No 60 of 2022, [2024] SGHC 75
6. Timeline
| Date | Event |
|---|---|
| Sexual abuse allegedly began. | |
| Accused's son was at most one year and one month old. | |
| Family moved to a new home. | |
| Alleged penetrative assaults began. | |
| Complainant consulted at KK Women and Children’s Hospital Paediatric Dermatology Clinic. | |
| Complainant disclosed abuse to E during a sleepover. | |
| Complainant disclosed abuse to G via iMessages. | |
| Complainant sent a retraction message to G. | |
| Alleged statutory rape occurred. | |
| Complainant wrote a letter to her mother. | |
| Complainant told G she lost her virginity to her father. | |
| Teacher noticed scars on complainant's wrist. | |
| School counsellor spoke to complainant about self-harm. | |
| Alleged fellatio at the kitchen of the Family Home. | |
| School counsellor met with complainant's parents. | |
| Alleged vaginal penetration with a vibrator. | |
| Complainant disclosed abuse to school counsellor and police report made. | |
| Complainant underwent sexual assault examination at KK Women’s and Children’s Hospital. | |
| Accused tested negative for Chlamydia Trachomatis. | |
| Complainant diagnosed with Molluscum Contagiosum. | |
| Dr Lim conducted a forensic psychiatric assessment for complainant. | |
| Trial began. | |
| Accused testified. | |
| Closing arguments. | |
| Judgment reserved. |
7. Legal Issues
- Corroboration of Witness Testimony
- Outcome: The court found that the complainant's testimony was not sufficiently corroborated by medical evidence or prior statements.
- Category: Evidence
- Related Cases:
- [2020] 1 SLR 486
- [2008] 1 SLR(R) 601
- [2012] 3 SLR 34
- [1997] 2 SLR(R) 569
- [2008] 4 SLR(R) 686
- [1995] 2 SLR(R) 591
- [2019] 2 SLR 490
- [2020] 2 SLR 533
- [2019] 3 SLR 749
- Rape
- Outcome: The court acquitted the accused of statutory rape due to inconsistencies in the complainant's testimony.
- Category: Substantive
- Sexual Offences
- Outcome: The court acquitted the accused of all sexual offence charges due to a lack of corroborating evidence and inconsistencies in the complainant's testimony.
- Category: Substantive
8. Remedies Sought
- Conviction of the accused
- Punishment of the accused
9. Cause of Actions
- Committing an indecent act with a child
- Exhibiting an obscene object to a young person
- Aggravated sexual assault by penetration
- Statutory rape
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v GCK and another matter | Court of Appeal | Yes | [2020] 1 SLR 486 | Singapore | Cited for the principle that it is unsafe to convict the accused unless the complainant’s testimony is so “unusually convincing” as to overcome any doubts that might arise from the lack of corroboration. |
| Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik | High Court | Yes | [2008] 1 SLR(R) 601 | Singapore | Cited for the definition of corroborative evidence. |
| AOF v Public Prosecutor | High Court | Yes | [2012] 3 SLR 34 | Singapore | Cited regarding the conceptual constraints of liberal corroboration. |
| Lee Kwang Peng v Public Prosecutor | High Court | Yes | [1997] 2 SLR(R) 569 | Singapore | Cited regarding the timeliness of complaints as corroborative evidence. |
| XP v Public Prosecutor | High Court | Yes | [2008] 4 SLR(R) 686 | Singapore | Cited regarding the requirement for unusually convincing testimony. |
| Khoo Kwoon Hain v Public Prosecutor | High Court | Yes | [1995] 2 SLR(R) 591 | Singapore | Cited regarding the weight given to subsequent complaints. |
| Public Prosecutor v Mohd Ariffan bin Mohd Hassan | High Court | Yes | [2019] 2 SLR 490 | Singapore | Cited regarding the effect of a delay in reporting. |
| Public Prosecutor v Wee Teong Boo and other appeal and another matter | Court of Appeal | Yes | [2020] 2 SLR 533 | Singapore | Cited regarding the assessment of credibility. |
| Public Prosecutor v Yue Roger Jr | High Court | Yes | [2019] 3 SLR 749 | Singapore | Cited regarding the absence of a proved motive. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 7(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 293 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(2)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(4)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 375(1)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 375(3)(b) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 159 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Corroboration
- Unusually convincing testimony
- Sexual abuse
- Penetration
- Ejaculation
- Chlamydia Trachomatis
- Retraction message
- Medical examination
- Police statement
- Inconsistencies
- Credibility
15.2 Keywords
- Sexual offences
- Child abuse
- Corroboration
- Singapore
- Criminal law
- Evidence
- Witness testimony
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Criminal Law | 90 |
| Evidence Law | 60 |
| Witnesses | 40 |
16. Subjects
- Criminal Law
- Evidence
- Sexual Offences