Shortly after his release from prison, a convicted rapist molested a 13-year-old girl in his pet shop.
Toh Lam Seng, 54, was initially sentenced to five years of corrective training by a district judge.
However, he appealed against this decision, and the High Court heard the case.
In a judgment dated Jun. 30, the High Court judge dismissed the appeal and instead allowed the prosecution’s cross-appeal.
Toh was eventually sentenced to seven years of preventive detention.
Molested girl at pet shop
On Jun. 22, 2020, the victim had gone to Toh's pet shop intending to purchase some powder to treat her pet hamster's skin condition.
While she was in the store, Toh asked the victim if she wanted to see his new hamster, and she agreed.
She then sat on a white stool in a corner.
Toh returned with a baby hamster.
According to the victim, Toh was seated in front of her on a grey stool.
The victim told the court that while she was holding the baby hamster, Toh placed his hand on her knee for a few seconds before moving on to touch other parts of her body, including her shoulder, arm, chest, and thigh.
She later left the shop and told two of her friends as well as a schoolteacher, who told her to write what happened on a piece of paper.
Digital penetration allegation
A week before the commencement of the trial, the victim informed the police that Toh had also fingered her.
This allegation of digital penetration was a point of contention that Toh brought up in his appeal, arguing that the victim's failure to bring up this point in her initial accounts undermined her credibility.
The district judge had found that the victim’s omission to reveal the digital penetration allegation "blunted the reliability of her testimony" on this aspect.
However, they found that it did not undermine the victim’s overall credibility.
Likewise, the High Court judge concluded that the district judge "did not err" in finding that the victim’s overall credibility was unaffected by her unreliable evidence regarding the digital penetration allegation.
Reformation not realistic
The High Court judge dismissed Toh's appeal, finding that the district judge had "correctly found" that the prosecution had proven the outrage of modesty charge "beyond a reasonable doubt".
However, while he found that the sentence imposed by the district judge was not "manifestly excessive" like Toh had contended, he agreed with the prosecution’s cross-appeal on the sentence.
The prosecution had put forth that the district judge "erred" in finding that Toh could be reformed by the imposition of five years’ corrective training.
Corrective training is usually imposed on repeat offenders who have previously been imprisoned, and found by the court to require training of a corrective character to achieve reformation and prevention of crime.
The High Court judge was of the opinion that Toh's long history of offending and the nature of his antecedents "clearly suggest that reformation is not a realistic prospect".
Toh was previously sentenced to 16 years' jail and 10 strokes of the cane for raping a 14-year-old girl whom he had befriended while working at the same pet shop.
He was also sentenced to two years and six months' jail for each charge of having carnal connections with a female below 16 years of age.
He had also met this victim through her friends at the pet shop.
Preventive detention
Finding that Toh lacked remorse and accountability for his offences, the High Court judge was of the view that his multiple lengthy jail sentences have failed to reform him, let alone to deter him from reoffending.
He felt that preventive detention, a type of sentence imposed on habitual offenders for a substantial period of time in order to protect the public, was warranted:
He eventually sentenced Toh to seven years of preventive detention.
There was rumord he was going to Newcastle.
Last season
he scored the first goal of Slot era
his last goal is a Merseyside derby winner
and of course #20 winning #20
sigh.