Man who assaulted pregnant girlfriend gets jail after appeal judge sets aside 'inadequate' S$3,500 fine

SINGAPORE: A man who assaulted his pregnant girlfriend was given a two-week jail term on Thursday (Apr 7) after the prosecution successfully appealed against his earlier S$3,500 fine.

Shawn Tan Jia Jun, 24, punched and kicked his girlfriend in the abdomen and hit her in the face in July 2020, when she was nine weeks pregnant. The foetus was fine after the attack, and the victim later had an abortion.

A High Court judge set aside the earlier fine given by a district court, saying that it was "manifestly inadequate" in the face of Tan's "sustained and vicious act of violence" against a vulnerable victim.

Tan previously pleaded guilty to a single charge of voluntarily causing hurt and was fined in October last year. He had attacked his girlfriend during a dispute about the pregnancy.

The High Court judge agreed with the prosecution that the district judge failed to consider Tan's multiple blows to the victim and the potential harm to the foetus, and erred in deciding that the victim's forgiveness justified a fine instead of imprisonment.

The district judge had relied on the victim's forgiveness of Tan as seen in a letter she wrote to the court as well as her decision to marry him.

The High Court heard on Thursday that the couple still intend to marry, but have been waiting for the appeal process to conclude.

VICTIM'S FORGIVENESS

Delivering his judgment, Justice Vincent Hoong said that the forgiveness of a victim does not ordinarily affect the sentence imposed on an offender except in two exceptional situations.

This is when the sentence would aggravate the victim's distress, and when the victim's forgiveness provides evidence that her suffering as a result of the offence "must be very much less than would normally be the case".

Justice Hoong disagreed that Tan's case fell into these exceptions. He said there was insufficient evidence that the two-week jail term sought by the prosecution would aggravate the victim's distress.

"The main tenor of the victim's letter was to express her belief in (Tan's) capacity for change. It went no further than to demonstrate her forgiveness and concern for him," said the judge.

He rejected an argument by Tan's lawyers that the victim's concern that the sentence imposed on Tan might "significantly hurt" the planning of their future together, which she expressed in her letter, meant she did not want him to be jailed.

He also ruled that Tan's case did not fall into the second exception, which only applied to a limited range of offences.

"To err is human, to forgive divine. In the eyes of the law, however, forgiveness is often eclipsed by the strong societal interests in punishing offenders for the crimes they have committed," said Justice Hoong.

SUSTAINED ASSAULT

In sentencing the fine, the district judge had also noted that the victim's injuries were minor, and the attack was an impulsive and singular event during a heated argument, rather than part of a pattern of violence.

After the attack, the victim sought treatment on the same day for facial, chest and abdominal pain and bruises on her limbs. She was diagnosed with a facial contusion and redness over her face, and discharged with a day's medical leave.

Justice Hoong agreed that Tan's violent outburst arose out of a heated argument and was "unplanned and out of character". He noted that the couple faced a stressful decision about whether to terminate the pregnancy, though this did not legitimise Tan's use of violence.

However, he said the lower court failed to consider factors that enhanced Tan's culpability, namely the sustained nature of Tan's assault, the potential harm to the foetus and the victim's physical vulnerability.

Tan's use of violence was a "wholly disproportionate" response, and the medical report made it clear that he had inflicted more extensive injuries to the victim's body, including her chest, spine and limbs, said the judge.

Moreover, Tan "did not merely deliver a one-off blow, but instead engaged in a continuous and persistent assault against the victim, with each strike delivered with the intention to cause hurt to her", said Justice Hoong.

The judge said it was crucial that Tan did not cease assaulting the victim of his own accord, but only stopped after his mother heard the commotion and intervened. It was "unconscionable" that he now sought to downplay the protracted nature and violence of his attack.

"This raises a doubt as to whether he is truly as remorseful as he claims in his letter tendered to the court," said Justice Hoong.

The judge also found that the victim had an additional dimension of vulnerability unique to pregnant victims, namely "the emotional distress arising out of the fear for the potential loss of their unborn child".

Justice Hoong concluded that a jail term was "unquestionably warranted" by Tan's offences, to send an unequivocal message to would-be offenders that such behaviour is unacceptable.

Turning to address the offender, the judge added that Tan was still young and had a long road ahead of him.

"He has expressed a positive desire to change for the better, and I hope that he will learn from this unfortunate experience and become a better person, not only for himself but also for the victim whom he is to marry," said Justice Hoong.

Tan will start serving his sentence later this month after a deferment was granted as he recently started a new job.