SINGAPORE: A National University of Singapore (NUS) student had his sentence of probation for molesting a woman overturned by the Chief Justice on Monday (Apr 27) after an appeal by the prosecution.
Terence Siow Kai Yuan, 24, willnow have to serve two weeks' jail for molesting a 28-year-old woman on a train in September 2018.
AdvertisementAdvertisementDelivering his findings via video-conference, Chief Justice Sundaresh Menon said that Siow did not display an extremely strong propensity for reform such that rehabilitation displaced deterrence as the main sentencing factor.
He said it was "critical that the respondent and other like-minded offenders understand that such conduct, which is offensive or demeaning to the victim - no matter how minor the intrusion - will always attract a sharp punitive response".
Siow, a Mathematics student, was suspended by NUS after the university convened a disciplinary board in October 2018 to look into his conduct.
[h=3]READ: NUS student molester case: Terence Siow’s offence is serious, says prosecution in fresh hearing[/h] AdvertisementAdvertisementHe was sentenced in September last year to 21 months' probation for the offences, but he did not serve the sentence after it was stayed, pending the appeal outcome.
His case sparked public debate after he was sentenced to probation last September. A probation report tendered in the district court had assessed Siow as suitable for probation as his academic results showed he had the "potential to excel in life".
In order for probation to be imposed on an offender who is above 21 at the time of offending and sentencing, the person must either demonstrate an extremely strong propensity for reform, or if there are exceptional circumstances.
PROSECUTION'S ARGUMENTS
The prosecution said during the appeal hearing that Siow's case did not fulfil either of these criteria and called instead for three weeks' jail.
Deputy Public Prosecutors Kristy Tan, Gail Wong and Benedict Chan said the lower court judge's approach "was wrong in principle" and "led to a wholly inappropriate sentence".
Granting probation would be "a miscarriage of justice given the seriousness of the offence and the aggravating circumstances", they said.
They said Siow molested the victim twice during the train ride on the North East Line, touching her thigh with his hand twice.
He "persisted in following her onto an escalator" where he touched her buttocks over her shorts, said Ms Tan.
She said his conduct was not simply opportunistic or on the spur of the moment, and said he knew that what he did was wrong.
"Indeed, this was not the first time he had touched females in crowded buses or trains, but it was the first time he got caught," said Ms Tan.
Siow had admitted that he started touching women in crowded buses or trains since August 2016, revealing to his probation officer that he preferred Japanese porn that was about women being touched in the train.
ACADEMIC PERFORMANCE
On the issue of Siow's academic performance in school, the prosecutors had said that the link between good academic performance and staying crime-free is "tenuous, especially when the offending was sexually motivated".
"Good academic performance in school may translate into success in finding employment and being a gainful member of society, but this is a general proposition," they said.
"This characteristic is also not particularly exceptional or unique to (Siow), because all university students would have achieved a decent level of past academic performance in order to qualify for university."
They had urged the court to "reject the over-emphasis on the respondent's strong academic performance".
CLIENT CAN BE REHABILITATED: DEFENCE
Defence lawyer Raphael Louis had urged the court to uphold the sentence of probation, pointing to his client's motivation to get treatment and signs of wanting to change.
He said his client was working closely with his school counsellor, going for more sessions that he was required to, and initiating seeing a psychiatrist.
[h=3]READ: Shanmugam ‘surprised’ at verdict in the case of NUS student molester; AGC to appeal against sentence[/h]The case had gone viral and sparked discussions on sexual offences, particularly in universities.
Siow's case drew comments from Law and Home Affairs Minister K Shanmugam, who said he was surprised at the district court verdict but added that people should "avoid casting aspersions" on the judge.
An online petition was also set up on Change.org titled "Say NO to Favorable Sentences for 'Educated' Sex Offenders". As of Monday morning, the petition had drawn almost 100,000 signatures.
For each count of molestation, Siow could have been jailed for up to two years, fined, caned, or given a combination of these punishments.
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