AGC appealing ex-Grab driver's acquittal after court finds drunk passenger had capacity for consent to sexual acts

The prosecution's case was that the woman did not consent, and was so intoxicated that she could not have consented.

Nigel Chua | May 13, 2022, 11:10 AM

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A former Grab driver, 47, was acquitted of attempted rape and other charges on April 27 after a trial in the High Court.

Tan Yew Sin had picked up an intoxicated 19-year-old passenger in the early hours of May 19, 2018, and had admitted to his involvement in various sexual acts in the car's backseat, though his case was that she consented to them.

On the other hand, the prosecution's case was that the woman did not consent, and was so intoxicated that she could not have consented.

High Court judge Pang Khang Chau acquitted Tan, finding that the woman had the capacity for consent and demonstrated this in her behaviour throughout the night even though she was intoxicated.

Tan could also reasonably have been mistaken that the woman was able to consent, the judge also found.

AGC files appeal

In a statement to Yahoo News on May 11, the Attorney-General’s Chambers (AGC) said it has filed an appeal against the decision.

The issue of consent had been a major point of contention at trial.

Section 90 of the Penal Code recognises that there are situations where a person is so intoxicated that they cannot give consent.

Both the defence and the prosecution agreed that the woman was intoxicated, but the issue was to what degree.

Tan's defence lawyer pointed to the fact that the woman "participated" in the sexual acts, thereby giving her implied consent.

The prosecution pointed to the lack of express consent captured by the in-car camera footage and Tan's acceptance in his police statement that the woman had not expressed her consent.

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