Unlawful Restraint, Deprivation of Liberty, and Premeditated Murder
Exhibit 2. Mr. Sing, armed with a dark-bladed weapon, waited across the pedestrian bridge for a person crossing. Ms. Nong was walking across the bridge alone when he used a dark object to restrain her by gripping her neck, used a dark object to threaten her at the neck area, and requested to engage in prostitution. Ms. Nong requested that Mr. Sing not rape her, requesting that he instead provide her with money. He then handed over 120 baht to Mr. Sing. Mr. Sing received the money, and then used the dark object to forcibly restrain Ms. Nong to the bridge’s embankment, and then compelled her to lie down. Ms. Nong resisted and refused to allow Mr. Sing to rape her, for approximately 10 minutes, until Ms. Nong succumbed to death. Mr. Sing then dragged Ms. Nong to press her into the water in that area, struggling against him not allowing Mr. Sing to rape her. Approximately 10 minutes passed until Ms. Nong died. Mr. Sing then sexually assaulted Ms. Nong to his satisfaction, without knowledge that Ms. Nong had succumbed to death. It is requested that the court determine whether Mr. Sing’s actions constitute a crime. The reasons for the answer are as follows. Mr. Sing is liable for the following offenses:
Mr. Sing is liable for carrying a prohibited weapon in a town or village or public place, (1 point). Specifically, Mr. Sing used a dark object to threaten Ms. Nong and requested to engage in prostitution with her. Ms. Nong requested that Mr. Sing not rape her, requesting that he instead provide her with money.
Mr. Sing received 12 baht from Ms. Nong, which constitutes a change of intent, a malicious intent to deprive Ms. Nong of her property at the time Mr. Sing received the aforementioned sum.
The period of 10 minutes during which Ms. Nong was pressed into the water, resulting in her death, constitutes a violation of Article 339(2) of the Penal Code, concerning robbery by force and threat of immediate violence, causing harm.
Mr. Sing, during the period of 10 minutes, knowingly caused Ms. Nong’s death, constituting the offense of premeditated murder, for convenience and to preserve the result, as he had committed another offense under Section 2 of the Penal Code (3 points).
a. Mr. Sing’s actions do not constitute the offense of raping his wife under Section 276, 277(2) of the Penal Code, as Ms. Nong had already died, rendering the elements of the offense incomplete. However, Mr. Sing’s use of the dark object to forcibly restrain Ms. Nong to the bridge embankment and then sexually assault Ms. Nong constitutes the offense of committing obscenity against a person older than fifteen years of age, when that person is unable to resist under Section 278 of the Penal Code.
b. The date of the incident is .