Man avoids jail time after appeal for stalking ex-girlfriend, trespassing in her condo

SINGAPORE — A 48-year-old man had his jail sentence successfully reduced to a fine of S$5,000, after he appealed against his punishment for stalking his ex-girlfriend.

In grounds of decision released on Wednesday (July 17), Justice Chan Seng Onn also came up with a sentencing framework for stalking offences under the Protection from Harassment Act (Poha).

The judge noted that since Poha was enacted in 2014, there have been multiple cases of stalking prosecuted under it, from which “a rough sentencing trend may be derived”.

Using the framework, he accepted Lim Teck Kim’s appeal and reduced his sentence for the stalking charge. Lim had been handed three months’ imprisonment for that, and a S$500 fine for criminal trespass, in October last year.

Justice Chan highlighted the following offence-specific factors that would determine the degree of harm an offender causes and how culpable he is:

• Duration and frequency of stalking

• Degree of intrusion into the victim’s life

• Whether the victim is vulnerable, such as a minor

• Public dissemination of sensitive information or images

• Use of threats against the victim

• Involvement of third parties, such as the victim’s family or partner

For stalking, Lim could have been jailed up to a year, fined up to S$5,000, or both. For criminal trespass, he could have been jailed up to three months, fined up to S$1,500, or both.

THE CASE

Lim harassed his ex-girlfriend, who cannot be named to protect her identity, for about three weeks last year.

She had broken up with him in December 2016, and told her condominium security officers in mid-2017 not to let Lim enter the premises.

But late one February night in 2018, they were both at her place and got into an argument. He ended up inflicting bruises on his own face and blaming her for making him hurt himself.

Appalled, she tried to pacify him and let him stay over, as she was afraid of what else he might do if she tried to make him leave.

The following day, she returned home from work early on his insistence. 

When she remarked that his bruises looked like they were healing, he threatened to hurt himself again if she made him leave the house or if she left him.

He then began hitting himself on the face and throwing items around the house. He also spat blood onto her side table.

She called the police and when they arrived, he shouted at her, saying he would rather kill himself than end their relationship. He was then arrested.

After being released on bail later that day, he sent her multiple text messages over the next two weeks, pleading to see her in person.

Between March 4 and 13, 2018, he also loitered around the vicinity of her condominium, asking her to rekindle their relationship. 

On one occasion, knowing she had an appointment at Bukit Timah Shopping Centre, he went there and tried to talk to her. He met her again at the car park of the shopping centre two days later and said he would jump off a building, but did not dare to do so. 

On March 12, a security guard warned her that Lim was loitering at the bus stop outside.

As she left the condo in her car, Lim began trailing her on his electric scooter.

He followed her for some distance, stopping in front of her car at one point and gesturing at her to alight. She sounded her car horn at him and shook him off.

But Lim returned to the condominium to wait for her. He rode his e-scooter through the entrance driveway, which is reserved for residents, and waited for her in the basement car park.

She immediately called for security and the police.

When a security guard went to confront Lim, he fled on his e-scooter.

Three days later, on March 15, she was granted an expedited protection order against him. She got a full protection order the next month, which banned Lim from harassing, alarming or distressing her or her son.