Public Prosecutor v MW: Rape of Daughter Under 14 - Sentencing
In Public Prosecutor v MW, the High Court of Singapore sentenced MW to 24 years imprisonment and 24 strokes of the cane for three counts of rape against his daughter, who was under 14 years of age. The court considered the aggravating factors, including the father-daughter relationship and the warped motive, as well as the mitigating factors of the guilty plea and lack of prior criminal record. The court ordered the sentences for the first two charges to run consecutively and the third charge to run concurrently.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to 24 years imprisonment and 24 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
MW was sentenced to 24 years imprisonment and 24 strokes of the cane for raping his daughter, who was under 14 years old.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Ng Cheng Thiam, Hwong Meng Jet |
| MW | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Cheng Thiam | Public Prosecutor |
| Hwong Meng Jet | Public Prosecutor |
4. Facts
- The accused raped his daughter, who was under 14 years of age.
- The rapes occurred in February, March, and April 2001.
- The accused's motive was to exact revenge on his former wife.
- The victim suffered recurrent thoughts about the abuse and felt sad.
- The victim experienced anxiety when males were physically close to her.
- The victim had difficulty trusting others and suffered from loss of self-esteem.
5. Formal Citations
- Public Prosecutor v MW, CC 31/2002, [2002] SGHC 144
6. Timeline
| Date | Event |
|---|---|
| First rape incident occurred. | |
| Second rape incident occurred. | |
| Third rape incident occurred. | |
| Victim and siblings moved to live with their mother. | |
| Victim lodged a police report alleging rape. | |
| Accused made statement to the police. | |
| Judgment delivered. |
7. Legal Issues
- Rape
- Outcome: The court found the accused guilty of rape.
- Category: Substantive
- Sub-Issues:
- Lack of consent
- Rape of a minor
- Sentencing for Rape
- Outcome: The court sentenced the accused to 24 years imprisonment and 24 strokes of the cane.
- Category: Procedural
8. Remedies Sought
- Criminal prosecution
- Imprisonment
- Caning
9. Cause of Actions
- Rape
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 376(2) Penal Code (Cap 224) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Sexual intercourse
- Daughter
- Penal Code
- Sentencing
- Aggravating factors
- Mitigating factors
15.2 Keywords
- Rape
- Sentencing
- Criminal Law
- Singapore
- High Court
- Child abuse
16. Subjects
- Criminal Law
- Family Law
- Sentencing
17. Areas of Law
- Criminal Law
- Sentencing
- Sexual Offences