In Nov 2019, Jean-Luc Kha Vu Han punched a teenage boy in a lift at Parklane Shopping Mall after making lewd comments at him.
Vu Han, the then CEO of F&B brand The Privé Group, was first sentenced to a 12-month mandatory treatment order (MTO) after a psychiatrist determined that his bipolar disorder had contributed to his offences.
However, Channel NewsAsia (CNA) reports that a judge recently overturned the MTO following an appeal by the prosecution.
The 44-year-old will now have to serve two weeks in jail and pay a fine of S$3,500.
On Wednesday (5 Oct), High Court judge Vincent Hoong sentenced Privé Group ex-CEO Vu Han to two weeks’ jail and a S$3,500 fine.
Vu Han originally received a 12-month MTO for punching a 13-year-old boy on his temple in a lift at Parklane Shopping Mall on Selegie Road on 22 Nov 2019.
Vu Han, who was reportedly drunk at that time, also slapped the teen, asked lewd questions, and hurled vulgarities at him.
In Oct 2021, the French national pleaded guilty to charges of voluntarily causing hurt and intentionally causing alarm.
Taking an Institute of Mental Health (IMH) psychiatrist’s report on Vu Han’s mental illness into consideration, a district judge gave him the MTO.
This would have allowed him to undergo psychiatric treatment in lieu of a prison term.
Public prosecutors appealed for jail time and a fine instead, which Justice Hoong upheld.
According to TODAY, the judge noted that while an offender’s mental illness is always a relevant factor in sentencing, he must also consider the severity of the condition.
He also considers Vu Han’s “voluntary intoxication and the fact that he had committed the offences against a vulnerable victim who suffered psychological scars to be aggravating”, The Straits Times (ST) reports.
The assault left the victim with a fear of entering lifts, especially with men.
In addition, the MTO suitability report did not offer enough insight into how much Vu Han’s bipolar disorder contributed to his offences rather than his drunken state.
While the prosecution sought an eight-week jail term, Justice Hoong did not feel that the harm the victim suffered warranted such a duration.
He also found that the S$3,500 fine gave sufficient weight to the sexual nature of Vu Han’s remarks.
Stressing that no two cases involving offenders with mental disorders are the same, Justice Hoong said that this case “should not be misconstrued as casting doubt on the veracity or potential severity of bipolar disorder”.
Nor does it set forth a general principle that the court will invariably view claims by offenders that they committed offences while labouring under mental disorders with circumspection. Each case turns on its own facts.
TODAY reports that Vu Han will begin serving his jail term on 20 Oct after getting his affairs in order.
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Featured image adapted from Shin Min Daily News on Facebook.
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