Academically speaking, I generally do not find much to agree with when it comes to CJ Yong Pung How’s judgments. But during criminal law, I came across this case, and I had a hard time believing the judgment was his.
Tan Boon Hock v PP [1994] 2 SLR 150
8 Indeed, I may add that I found it somewhat disquieting that an accused arrested as a result of such police operations should subsequently be charged with having outraged the modesty of the police officer he came into contact with. The facts of the present case, as narrated in the statement of facts, appear to be representative of what occurs in such operations. The accused, who is homosexual, meets another man in an area well known for being a homosexual haunt. He strikes up a conversation with this other man and, on finding him responding in a friendly fashion, assumes him to be a fellow homosexual. He then invites this other man to proceed to a more private spot, the intention being to engage in homosexual activity of some sort; and although this may not be explicitly articulated, it must be plain to both parties having regard to the circumstances of their interaction. It is at least arguable that as far as the accused can discern, there would appear to be little question of consent being forthcoming from this other man. Of course, the other man then turns out to be a police officer in disguise.
9 Consequently, although a technical offence under s 354 might have been committed, I am somewhat bemused that an accused caught in the manner described above should nevertheless be charged with the offence of outraging another’s modesty; and should, furthermore, be sentenced not just to imprisonment but also to caning. In the present case, of course, the appellant elected to plead guilty and so the above issues were not discussed. He chose solely to appeal against his sentence. I will only say, therefore, that having regard to the events leading to his committing the offence charged, a sentence of imprisonment and caning was quite unwarranted. Indeed, having regard to the reasons given above, and to the assortment of male inmates he will meet in prison, I am of the view that sentences of imprisonment are usually inappropriate for accused persons in similar cases.
I really really love the part about the prison… who knew he had a sense of humour? Unless, of course… it was completely unintended.
So u found it uncharacteristic of YPH? Why don’t you check who the JLC was who assisted in the matter?