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DISTRICT JUDGE KESSLER SOH
2 OCTOBER 2026
In the state courts of the republic of singapore
[2026] SGDC 324
District Arrest Case No DAC-913284-2025 and 2 Others Magistrate’s Appeal No 9222-2026-01
This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports.
Public Prosecutor v Lua Kian Yong Edmund
[2026] SGDC 324
District Arrest Case No DAC-913284-2025 and 2 Others Magistrate’s Appeal No 9222-2026-01 District Judge Kessler Soh 29 July, 19 August, 17 September 2026
2 October 2026
District Judge Kessler Soh:
Introduction
1 Mr Lua Kian Yong Edmund is 39 years old. Between 2015 and 2025, he committed a series of offences against women by bumping forcefully into them, using criminal force against them and, in many instances, outraging their modesty. He was charged for these offences on no less than seven occasions, and sentenced to varying terms of imprisonment of increasing length. But he was undeterred and continued to reoffend.
2 More recently, on the morning of 15 May 2025, he bumped his right shoulder into the left breast and shoulder of a 15-year-old female student outside her school. A few days later, on the morning of 19 May 2025, he thrust his left arm into the ribcage area (below the breast) of a 26-year-old female teacher from the school. He was arrested on 20 May 2025 and subsequently charged in court and remanded. He was released on bail in September 2025. On 18 December 2025, he reoffended by bumping into a 49-year-old woman at a shopping mall, brushing against her breasts with his left arm.
3 For these latest incidents, he was charged with three counts of outraging the modesty of the women, under s 354(1) of the Penal Code 1871 (“PC 1871”). He pleaded guilty to the charges on 29 July 2026. A pre-sentence report for corrective training (“CT”) was called for, and he was found suitable to undergo CT. On 17 September 2026, he was sentenced to undergo CT for five years with a view to his reformation and to prevent him from committing further crime. He had sought a sentence of regular imprisonment instead, and filed the present appeal against the sentence on 18 September 2026. He is presently serving the sentence.
4 My reasons for sentencing the defendant to CT rather than a term of imprisonment are set out below.
Plea of Guilt
Charges
5 The defendant pleaded guilty to the following three charges:
DAC-913284-2025 (1st Charge)
You […] are charged that you, on 15th day of May 2025, at about 7.00am, along the pavement outside [a school] did use criminal force on [“V1”, a 15-year-old female], to wit, by intentionally bumping onto her chest (including her left breast) and shoulder area with your right shoulder causing your right shoulder to come into contact with her left breast and shoulder, knowing it to be likely to outrage her modesty, and you have thereby committed an offence punishable under Section 354(1) of the Penal Code 1871.
DAC-913285-2025 (2nd Charge)
You […] are charged that you, on 19th day of May 2025, at about 7.00am, along the pavement outside [a school], did use criminal force on [“V2”, a 26-year-old female], to wit, by using your left arm to thrust into the side of her ribcage area below her breast, knowing it to be likely to outrage her modesty, and you have thereby committed an offence punishable under Section 354(1) of the Penal Code 1871.
DAC-900052-2026 (3rd Charge)
You […] are charged that you, on 18th day of December 2025 at about 6.38pm, at the basement floor of 930, Yishun Avenue 2, Singapore 769098 Northpoint City Mall, did use criminal force on [“V3”, a 49-year-old female], to wit, by intentionally bumping into the victim with the left side of your body and brushing your left arm against both of the victim’s breasts from right to left, knowing it to be likely to outrage her modesty, and you have thereby committed an offence punishable under Section 354(1) of the Penal Code 1871.
Facts
6 These were the salient facts.
Foot Note 1
Statement of Facts dated 1 July 2026.
Incident on 15 May 2025
7 On 15 May 2025, at about 7.00 am, V1, a 15-year-old student, was walking to her school (the “School”) with her mother. She was in her school uniform. At the pavement outside the school gate, the defendant intentionally bumped into her chest with his right shoulder. His right shoulder made fleeting contact with her left breast and shoulder. (DAC-913284-2025) He walked away after that.
8 The next day (16 May 2025), at around the same time, V1 and her mother encountered the defendant again. He was seen pacing around the vicinity of the School. Nothing happened between them that day.
Incident on 19 May 2025
9 On 19 May 2025, at about 7.00 am, V2, a 26-year-old female teacher at the School, was walking with a male colleague at the pavement outside the School. The defendant stepped into her path and intentionally used his left arm to thrust into the side of her ribcage area below her breast. The contact was fleeting. (DAC-913285-2025) V2 stepped away to avoid further contact.
10 About two minutes later, V1 and her mother encountered the defendant at the pavement outside the school gate. V1’s mother shielded her from him as he walked past them.
Arrest on 20 May 2025
11 The vice principal of the School lodged a police report on 19 May 2025. The police managed to identify the defendant from CCTV footages in the vicinity and arrested him on 20 May 2025. He was charged in court on 22 May 2025.
Incident on 18 December 2025
12 The defendant was released on court bail on 19 September 2025.
13 On 18 December 2025, he was at Northpoint City Mall. At about 6.38 pm, at the basement level of the mall, he intentionally bumped into V3, a 49-year-old woman, from the front with the left side of his body, brushing his left arm against both her breasts. (DAC-900052-2026)
14 V3 started shouting that the defendant had molested her. Passersby stared at them, but nobody came to her aid. He tried to walk away quickly, and she gave chase and managed to grab hold of his collar. However, he broke free and got away.
15 V3 lodged a police report that day, and the defendant was arrested on 19 December 2025. He was subsequently remanded with no bail.
Sentencing
Antecedents
16 The defendant had a string of similar antecedents, brief details of which are summarised in the table below.
Foot Note 2
The brief facts were provided in the Prosecution’s Supplementary Address on Sentence (dated 11 September 2026) at [13], with some minor edits made.
Date of Conviction
Offence / Brief Facts
Sentence
6 November 2015
Outrage of modesty (s 354(1) Penal Code, Cap 224 (“PC Cap 224”))
On 20 December 2014, he walked towards a 30-year-old woman who was shopping, and elbowed her right breast.
10 weeks’ imprisonment
Outrage of modesty (s 354(1) PC Cap 224)
On 26 August 2015, he used his right shoulder and arm to brush against a 26-year-old woman’s chest area and right breast.
10 weeks’ imprisonment (concurrent)
18 April 2016
Use of criminal force (s 352 PC Cap 224)
On 7 January 2016, he walked towards a 36-year-old woman as she was alighting from a bus, with his elbow directed at her chest area, causing her handphone to make contact with her chest area.
3 weeks’ imprisonment
Use of criminal force (s 352 PC Cap 224)
On 17 February 2016, at a bus interchange, he brushed his elbow against a 30-year-old woman’s stomach area below her breast.
3 weeks’ imprisonment (concurrent)
28 July 2016
Outrage of modesty (s 354(1) PC Cap 224)
On 4 June 2016, he used his right elbow to brush against the left breast of a 43-year-old woman as he walked past her.
He committed similar offences against two other women within 10 minutes. (2 TIC charges)
5 months’ imprisonment
22 August 2017
Outrage of modesty (s 354(1) PC Cap 224)
On 10 December 2016, outside Yishun Community Hospital, he extended his arm and pushed a 42-year-old nurse on her chest area.
9 months’ imprisonment
Outrage of modesty (s 354(1) PC Cap 224)
Shortly after, at Khoo Teck Puat Hospital, as he walked out of a lift, he extended his arm and pushed the same nurse hard on her chest area.
(2 TIC charges)
9 months’ imprisonment (concurrent)
13 August 2019
Outrage of modesty (s 354(1) PC Cap 224)
On 9 April 2019, at a bus stop, he followed a 32-year-old woman. He stretched out his left arm and brushed against both her breasts.
12 months’ imprisonment
25 May 2023
Outrage of modesty (s 354(1) PC 1871)
On 17 October 2022, at about 8.21 am, at Marsiling MRT station, he walked towards a 37-year-old woman and brushed his right shoulder onto her breast.
16 months’ imprisonment
Outrage of modesty (s 354(1) PC 1871)
On 17 October 2022, at 8.22 am, at Marsiling MRT station, he used his right shoulder to bump onto the breast of a 54-year-old woman.
(1 TIC charge)
16 months’ imprisonment (concurrent)
24 October 2024
Theft in dwelling (s 380 PC 1871) (4 charges)
(3 TIC charges)
Total: 2 weeks’ imprisonment
4 April 2025
Use of criminal force (s 352 PC 1871)
On 5 February 2025, at 6.43 pm, he forcefully knocked into the left side of a 19-year-old teenager’s arm and chest area with his left shoulder.
4 weeks’ imprisonment
Use of criminal force (s 352 PC 1871)
On 5 February 2025, at 6.43 pm, he forcefully bumped onto a 47-year-old woman’s right upper arm with his right shoulder.
(2 TIC charges)
4 weeks’ imprisonment (concurrent)
Prosecution’s submissions on sentence
17 The Prosecution sought the calling of pre-sentence reports for CT and preventive detention.
Foot Note 3
Prosecution’s Position on Sentence dated 1 July 2026.
It was highlighted that the defendant had been convicted on six prior occasions from 2015 to 2023 for offences of outrage of modesty. He employed a similar modus operandi: he would pretend to bump into females accidentally and make contact with their breasts. In April 2025, he was also convicted for offences involving similar acts (of bumping into women), albeit for an offence of using criminal force.
Mitigation plea
18 Counsel for the defendant submitted that the imposition of a sentence of CT (or preventive detention) would be disproportionate to the defendant’s offences and that a regular imprisonment term should be imposed.
Foot Note 4
Plea in Mitigation.
It was accepted that, considering the defendant’s antecedents, an uplift from the 16 months’ imprisonment that he received in 2023 would be warranted. Balancing this with his early plea of guilt, it was suggested that a sentence of 20 or 22 months’ imprisonment per charge was fair and appropriate; with two sentences running consecutively, an imprisonment term of 44 months should be imposed.
Sentencing considerations
Dominant sentencing considerations
19 In deciding on the appropriate sentence, I considered the dominant sentencing considerations in the present case to be both specific deterrence and prevention. As was highlighted by the Prosecution, the defendant had been engaging in such criminal conduct for more than a decade, as was evident from his many similar antecedents (summarised at [16] above). The prison sentences that he had previously served had failed to deter him. Considering his long history of offending, and his repeated reoffending, there was a clear need to deter him and to protect the public by preventing him from committing further crime.
Appropriate sentence
20 To meet the sentencing objectives of specific deterrence and prevention, the appropriate sentence would have to involve a substantial period in custody. This could be achieved by a substantial term of imprisonment or a sentence of CT. A pre-sentence report for CT was called for to assess the physical and mental condition of the defendant and his suitability to undergo such a sentence. (The Prosecution had also initially urged the court to consider preventive detention, but such a sentence, with a minimum period of detention of seven years, would probably have been disproportionate.)
21 The defendant was found suitable for CT. In the Pre-Sentencing Report for Corrective Training dated 13 August 2026 (the “CT Report”), it was observed, among other things, that he had shown limited effort or taken little personal responsibility to avoid offending. It was assessed that his risk of recidivism was high. He had a “High Risk” of criminal re-offending. His risk of sexual violence was also assessed to be “High, with Moderate imminence for engaging in sexual offending behaviours within weeks to months”. The CT Report observed (at p 12) that:
Edmund faced far-ranging psychosocial challenges across most domains in life. It was further assessed that Edmund’s mental health difficulties could indeed have made him more susceptible to becoming easily anxious, hence making it more challenging for him to address the instabilities in his life on his own. That being said, Edmund had also shown limited effort or taken little personal responsibility to avoid offending or improve his personal circumstances. Instead, he had tried to excuse his crimes by attributing it to his life challenges, especially his mental health issues and financial struggles. Yet he also demonstrated little effort to engage with interventions by professional agencies to support his recovery. Hence his psychosocial challenges have chronically persisted in the past decade, some of which he coped with by committing offences. In particular, he developed a habit of using shoplifting to cope with financial difficulties and committed OM to cope with anxiety-provoking situations. His poor receptiveness and adherence to professional intervention also presents as a concern and is likely to perpetuate his offending behaviours unless he finds motivation and starts to assume personal responsibility for improving his personal circumstances.
22 Considering his repeated offending, poor receptiveness to professional intervention while in the community, and high risk of recidivism, I accepted the submission of the Prosecution that CT was an appropriate sentence.
23 In Sim Yeow Kee v PP [2016] 5 SLR 936 (“Sim Yeow Kee”), the High Court gave guidance on the sentencing framework to be adopted for cases where CT was being considered.
(a) The first stage of the inquiry was to ascertain whether the offender satisfied the technical requirements for CT to be imposed. These technical requirements are set out in s 304(1) of the Criminal Procedure Code 2010 (“CPC”). (Sim Yeow Keeat [86])
(b) If the technical requirements in s 304(1) of the CPC were fulfilled, the court should then consider whether it is “expedient with a view to [the offender’s] reformation and the prevention of crime” that he be sentenced to CT. (Sim Yeow Keeat [87]) The consideration of this issue involves a three-step framework:
(i) Step 1: What is the imprisonment term that would likely be imposed on the offender for the underlying offence? (Sim Yeow Keeat [99])
(ii) Step 2: Would the Mandatory Aftercare Scheme (“MAS”) apply to the offender if he were sentenced to regular imprisonment? (Sim Yeow Keeat [100]-[102])
(iii) Step 3: Would a sentence of CT be unduly disproportionate? (Sim Yeow Keeat [103]-[105])
24 Applying this sentencing framework, at the first stage, it was accepted by parties that the present case satisfied the technical requirements for CT to be imposed. This was a point that was not disputed by the Defence.
Foot Note 5
Plea in Mitigationat [3].
25 The Defence’s main objection to a sentence of CT was that it would be disproportionate. I considered this objection at the second stage of the Sim Yeow Kee sentencing framework.
26 At Step 1, I considered the likely imprisonment term that would have been imposed for the defendant’s offences. The prescribed punishment for offences under s 354(1) of the PC 1871 was imprisonment for a term of up to three years, fine, or caning, or any combination of such punishments. The defendant was last convicted for two similar offences in May 2023 where he bumped into women and encroached on their breasts. He was sentenced to 16 months’ imprisonment for each offence, with both sentences ordered to run concurrently (brief details at [16] above). It was not in dispute that the principle of escalation should apply and that the defendant ought to receive a higher sentence for each of the present three charges.
Foot Note 6
Prosecution’s Supplementary Address on Sentence at [11]; Plea in Mitigationat [15].
In my judgment, the following sentences would have been appropriate:
(a) For the 1st Charge, a sentence of 22 months’ imprisonment (an escalation of six months from the previous sentence), considering that there was contact with the breast of V1, a young 15-year-old student, just outside her school;
(b) For the 2nd Charge, a sentence of 18 months’ imprisonment (a modest escalation of two months), considering that the offence did not involve contact with V2’s breasts; and
(c) For the 3rd Charge, a sentence of 24 months’ imprisonment, considering that the offence occurred while the defendant was on court bail and there was contact with both the breasts of V3.
27 Considering that the three offences occurred on three different days and involved three different victims, it would have been appropriate to run the three sentences consecutively to arrive at a total sentence of about 64 months’ imprisonment (or about five years and four months).
28 At Step 2, I considered whether the MAS would apply to the defendant if he was sentenced to regular imprisonment. The “offences subject to mandatory aftercare conditions” are listed in the First Schedule of the Prisons Act 1933. The list does not, however, include the present offences under s 354(1) of the PC 1871. Hence, if the defendant was sentenced to regular imprisonment, the post release support under the MAS to facilitate his reintegration into society and to reduce the risk of reoffending would not be available to him.
29 On the other hand, a person serving CT could be released before the expiry of the sentence with a period of supervision: s 304(1) of the CPC. Under the Prison’s Release on Licence (“ROL”) scheme, an inmate incarcerated under CT would be eligible to be considered for ROL after two-thirds of the sentence is served. The grant of ROL is discretionary and dependent of factors such as the risk of reoffending, conduct in prison, and responsiveness towards rehabilitation. The ROL scheme was recently considered by the High Court in PP v DMB [2026] SGHC 170 when sentencing an offender to CT. The court explained (at [70] and [74]):
70 The Singapore Prison Service (“SPS”) was directed to file an affidavit to explain why the MAS is not applicable to those incarcerated under CT. The SPS explained that instead of the MAS scheme, CT inmates are placed on a Release on Licence (“ROL”) scheme if found to be suitable. The MAS and ROL schemes serve the same objective of providing post release support to facilitate an inmate’s reintegration into society and to reduce the risk of reoffending by providing structure aftercare, support and supervision. The key difference is that an inmate serving a regular imprisonment term is typically entitled to remission of one-third of the sentence and if an inmate served a sentence on the First Schedule of the Prisons Act 1933 (2020 Rev Ed), then the MAS applies automatically. For an inmate incarcerated under CT, after two-thirds of the sentence is served, an inmate is eligible to be considered for ROL. However, the grant of ROL is discretionary. The SPS assesses an inmate’s suitability for ROL based on factors such as risk of reoffending, conduct in prison, responsiveness towards rehabilitation, competition of mandatory rehabilitation programmes and presence of concrete post-release plans.
[…]
74 In this case, the main reason advocated by the Prosecution for CT, which I accept in light of the assessment of a high risk of recidivism, is that the accused would be subject to the ROL scheme, which would involve a risk assessment before he is released from prison. That does not affect the considerations which underlie the length of an imprisonment term (which I have assessed above) or a CT term. I hence sentence the accused to 11 years and six months of CT.
30 Hence, if the defendant was sentenced to CT, the post release support under the ROL scheme might be available to him. Such support (under the MAS) would not be available if he was sentenced to regular imprisonment.
31 At Step 3, I considered whether a sentence of CT would be unduly disproportionate. As discussed above (at [26] and [27]), if he was sentenced to regular imprisonment, the total sentence imposed (running the sentences for the three offences consecutively) would have been 64 months’ imprisonment. Alternatively, if only the two longest sentences were ordered to run consecutively, the total sentence would be 46 months’ imprisonment. Given that the total imprisonment term would have been lengthy, a sentence of CT for the minimum term of five years could not be said to be unduly disproportionate. As was explained in Sim Yeow Kee at [98] and [105]:
98 […] [T]he operative justification for CT is specific deterrence and the reformation of the offender. The question before the court, therefore, is whether these interests of specific deterrence and reformation warrant the imposition of CT. In our judgment, while proportionality remains a relevant consideration in this analysis, it should be applied in an attenuated manner such that the court may decline to impose CT if to do so would be unduly disproportionate, having regard to all the relevant circumstances. […]
[…]
105 […] [A]s we mentioned earlier, proportionality in this context applies to an attenuated extent because the court would, by this stage, already have determined that in principle, despite the availability of other sentence enhancement options, an even longer term of incarceration is called for than the term of regular imprisonment which would likely be imposed. In our judgment, this is best effected by incorporating proportionality as a negating consideration which would justify not imposing CT if the statutorily-prescribed minimum term of CT would result in a period of incarceration that is seriously or unduly disproportionate to the aggregate imprisonment term which has been arrived at in applying Step 1 and Step 2, and which would otherwise likely be imposed. This would typically only cover cases where the minimum term of CT mandated in s 304(1) of the CPC is substantially in excess of the likely imprisonment term for the underlying offence.
[Emphasis in italics in original]
32 All things considered, I accepted the submission of the Prosecution that the defendant should be sentenced to CT for the minimum period of five years. Considering his repeated offending, his poor receptiveness to professional intervention while in the community, and high risk of recidivism, it was expedient with a view to his reformation and the prevention of crime that he should “receive training of a corrective character for a substantial period of time, followed by a period of supervision if released before the expiry of [his] sentence”: s 304(1) of the CPC.
Sentence imposed
33 Accordingly, the defendant was sentenced to CT for five years.
Foot Note 7
The sentence was backdated to 20 May 2025 (when he was first arrested) to account for the periods he had spent in remand. He had been remanded for the following periods: (a) from 20 May to 19 September 2025 (when he was released on bail); and (b) from 19 December 2025 (when he was re-arrested) to 17 September 2026, when the sentence was passed.
Kessler Soh District Judge
Claire Poh (Attorney-General’s Chambers) for the Public Prosecutor;
Tan Jun Hao, Don (DT Law Chambers LLC) (CLAS assigned) for the Defendant.
This judgment text has undergone conversion so that it is mobile and web-friendly. This may have created formatting or alignment issues. Please refer to the PDF copy for a print-friendly version.