Adam bin Darsin v Public Prosecutor: Unnatural Carnal Intercourse (Fellatio) and Sentencing Appeal
In Adam bin Darsin v Public Prosecutor, the Court of Appeal of Singapore heard an appeal against the sentence imposed on Adam bin Darsin, who pleaded guilty to eight charges of carnal intercourse against the order of nature (fellatio) under s 377 of the Penal Code. The High Court sentenced him to an aggregate term of 40 years' imprisonment. The Court of Appeal allowed the appeal, reducing the sentence to 20 years, holding that fellatio is less grave than anal intercourse and that the initial sentence was crushing.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Adam bin Darsin appeals against a 40-year sentence for unnatural carnal intercourse (fellatio). The Court of Appeal reduced the sentence to 20 years, distinguishing fellatio from anal intercourse.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Partially Lost | Partial | Jaswant Singh of Deputy Public Prosecutor Mohamed Nasser Ismail of Deputy Public Prosecutor |
| Adam bin Darsin | Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Lai Kew Chai | Judge | No |
| L P Thean | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jaswant Singh | Deputy Public Prosecutor |
| Mohamed Nasser Ismail | Deputy Public Prosecutor |
4. Facts
- Adam pleaded guilty to eight charges of carnal intercourse against the order of nature.
- The offences involved acts of fellatio performed by Adam on boys aged 12 to 15.
- The acts occurred between July 1999 and June 2000 at Adam's flat.
- Adam was initially sentenced to 10 years' imprisonment on each charge, with an aggregate of 40 years.
- The High Court equated fellatio with anal intercourse in sentencing.
- The Court of Appeal disagreed with equating fellatio with anal intercourse in terms of gravity.
5. Formal Citations
- Adam bin Darsin v Public Prosecutor, Cr App 28/2000, [2001] SGCA 25
- PP v Kwan Kwong Weng, , [1997] 1 SLR 697
- Lim Hock Hin Kelvin v PP, , [1998] 1 SLR 801
- Kanagasuntharam v PP, , [1992] 1 SLR 81
- Maideen Pillai v PP, , [1996] 1 SLR 161
6. Timeline
| Date | Event |
|---|---|
| Adam befriended V6. | |
| Adam moved into V6's flat. | |
| Adam moved out of V6's flat. | |
| Offences of carnal intercourse began. | |
| Offences of carnal intercourse ended. | |
| Muhammad Kamal Ariffin bin Osman confronted Adam. | |
| Adam was arrested. | |
| Criminal Appeal filed (Cr App 28/2000). | |
| Appeal allowed; sentence reduced. |
7. Legal Issues
- Whether the sentence was manifestly excessive and/or crushing
- Outcome: The Court of Appeal held that the original sentence of 40 years was a crushing sentence and reduced it to 20 years.
- Category: Substantive
- Whether fellatio is carnal intercourse against the order of nature under s 377 of the Penal Code
- Outcome: The court affirmed that fellatio is carnal intercourse against the order of nature under s 377 of the Penal Code.
- Category: Substantive
- Related Cases:
- [1997] 1 SLR 697
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Carnal intercourse against the order of nature
10. Practice Areas
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Kwan Kwong Weng | High Court | Yes | [1997] 1 SLR 697 | Singapore | Cited to establish that fellatio between two male persons is unnatural carnal intercourse within the meaning of s 377 of the Penal Code. |
| Lim Hock Hin Kelvin v PP | Court of Appeal | Yes | [1998] 1 SLR 801 | Singapore | Cited for guidelines on sentencing for unnatural carnal intercourse, but the court distinguished the current case. |
| Kanagasuntharam v PP | Court of Appeal | Yes | [1992] 1 SLR 81 | Singapore | Cited as a past case where the High Court dealt with offences of unnatural carnal intercourse committed in the form of fellatio involving young children. |
| Maideen Pillai v PP | Unknown | Yes | [1996] 1 SLR 161 | Singapore | Cited for the principle that the overall punishment should be in proportion to the overall gravity of his criminal conduct. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 377 Penal Code (Cap 224) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Carnal intercourse against the order of nature
- Fellatio
- Unnatural carnal intercourse
- Sentencing
- Crushing sentence
- Paedophile
15.2 Keywords
- Criminal Law
- Singapore
- Fellatio
- Unnatural Carnal Intercourse
- Sentencing Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 95 |
| Penal Code | 95 |
| Unnatural Sex (Fellatio) | 95 |
| Criminal Procedure | 90 |
| Criminal Revision | 60 |
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences