Sentence for woman who punched maid's eyes reduced on appeal; worker's blindness not directly linked to offence
PUBLISHED ONNovember 11, 2019 10:13 AMByCara Wong
SINGAPORE - A woman convicted of abusing her maid was given a lighter sentence on appeal after a High Court judge on Monday (Nov 11) found that the offence she was charged with was not directly related to the maid going blind.
Suzanna Bong Sim Swan, 47, was sentenced to eight months' jail after both the prosecution and defence appealed against her original sentence of one year and eight months' imprisonment.
She was found guilty in February last year of one charge of assaulting her maid, Ms Than Than Soe, on May 17, 2015.
During the eight-day trial last year, the district court heard that Bong hit the Myanmar national on the cheek thrice with a glass bottle of medicated oil because she was upset by the smell of the medicated oil that Ms Than Than Soe used to ease a headache.
The court also heard that prior to this assault on May 17, Bong also abused Ms Than Than Soe, often punching her in the eyes.
The maid became blind in her left eye due to, among other things, retinal detachment, and her right eye was also found with severe injuries. She was 27 when she was employed by Bong in 2013, and had perfect eyesight.
On Monday, the prosecution, led by Deputy Chief Prosecutor (DCP) Mohamed Faizal Mohamed Abdul Kadir, sought the prescribed maximum jail term of three years, noting that the "case ranks among the worst type of maid abuse".
The district judge's sentence was "manifestly inadequate, having regard to the severity and permanence of the injuries", said DCP Mohamed Faizal in his submissions to the court.
Bong's lawyers, Mr Sui Yi Siong and Ms Flora Koh, sought a fine instead of a jail term, arguing that the district judge erred in relying on the evidence of Ms Than Than Soe's eye injuries during sentencing.
There was "no sufficient nexus" between the injuries and the offence Bong was charged with, said Mr Sui.
Justice Chua Lee Ming found that the sentence imposed by the district judge was "manifestly excessive", as there was no evidence that the May 17 incident directly caused Ms Than Than Soe's eye injuries.
In fact, a medical professional testified that Ms Than Than Soe's eye injuries, including the retinal detachment, was likely to have occurred before the May 17 incident, a point which the deputy public prosecutors acknowledged.
Instead, the only evidence of injury caused from that incident was the contusion on the victim's face, said Justice Chua.
He added that the compensation paid to Ms Than Than Soe should hence be $1,000, instead of $38,000 which took into account her medical expenses.
Justice Chua said that he had full sympathy for Ms Than Than Soe, but it "would be wrong" in principle to punish Bong for offences that she was not charged with.
This article was first published in The Straits Times. Permission required for reproduction.
