A HIGH Court judge yesterday sentenced five youths to jail and caning for sexually assaulting a teenager two years ago and told them to count themselves lucky the prosecution had been so generous with them.
Justice Chan Seng Onn said what he saw was 'factually rape', which carries a maximum punishment of 20 years in jail.
Instead, the five pleaded guilty last month to charges of aggravated outrage of modesty, after the initial charge of rape had been reduced.
It is unclear why the charge was reduced, but this happened after the victim had given her testimony behind closed doors.
Justice Chan said: 'This is the first time I have come across a case (of aggravated outrage of modesty) where the agreed facts of the case the accused admitted to could have fitted penile penetration without consent.'
If not for their ages, he would have set their sentences closer to the maximum punishment of 10 years, he said, adding grimly: 'The accused persons should count themselves very lucky.'
In the end, he sentenced Lim Boon Tai, 21, a part-time worker, to five years in jail and eight strokes of the cane. He was deemed by the prosecution to be the most culpable of the lot.
Mohamed Firdaus Roslan, 19, a polytechnic dropout, received the next harshest sentence with 41/2 years in jail and five strokes of the cane.
Rishi Mohan, 18, the only one who did not face a rape charge at first, was jailed for four years and will get five strokes.
Muhammad Shafie Ahmad Abdullah, 19 and Mohd Sadruddin Azman, 20 - both already in remand since Dec 30, 2008 - were jailed for 31/2 years and sentenced to five strokes of the cane each.
All are Singaporean, except Rishi, who is a Singapore permanent resident from Malaysia.
To the defence lawyers' pleas for probation or reformative training for the five teens, the judge said: 'A sentence so lenient... would not be of the public interest or not sufficiently address the gravity of the case.
'It was a gang sexual assault of a grave nature which the accused persons had perpetrated without her consent.'
The five, who were aged between 17 and 19 at the time of the offences, had gathered at Shafie's flat in Woodlands when his parents were overseas on the night of Dec 25, 2008.
It started with the victim receiving a phone call that day from Lim, who lied that he was a schoolmate.
Although she did not know him, she agreed to meet for supper.
It was Rishi, her former schoolmate, who turned up. He was the only one she knew from the group of five.
Rishi took her to the flat and introduced her to the others. Lim admitted that he had made the call.
The group then started playing card games which involved alcoholic drinks as forfeits.
Some time the next morning, the victim agreed to sex with Lim, but was later assaulted by the five.
In court yesterday, the five youths wept as their relatives approached them in the dock after they had been sentenced.
Two of them kissed their parents' hands through the glass partition in a typical gesture of respect.
-- ST
rape is already bad enough. this is gang rape is it not?
why was the charge reduced?
???? I dun understand this.
How can it be reduced when a fine becomes prison sentence + caning?
I feel for the girl but she also a bit sot. Ppl call you you dunno them then you agree to meet them for supper and go to their house.