Public Prosecutor v Mohd Razali: Rape of a Minor and Penal Code Sentencing

In Public Prosecutor v Mohd Razali bin Mohd, the High Court of Singapore sentenced Mohd Razali for three counts of rape against his step-daughter. The court considered the victim's age, the relationship between the accused and the victim, and the potential long-term psychological harm to the victim. Mohd Razali was sentenced to 12 years' imprisonment for each charge, with one sentence to run consecutively.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused sentenced to imprisonment for rape charges.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Mohd Razali was sentenced for multiple counts of rape against his step-daughter. The High Court considered the victim's age, the stepfather-stepdaughter relationship, and potential psychological harm.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Ng Cheng Thiam of Attorney-General’s Chambers
Leong Kwang Lan of Attorney-General’s Chambers
Mohd Razali bin MohdDefendantIndividualConvictedLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Ng Cheng ThiamAttorney-General’s Chambers
Leong Kwang LanAttorney-General’s Chambers
M MahendranSurian & Partners

4. Facts

  1. The accused is the victim's stepfather.
  2. The accused committed rape on the victim on multiple occasions.
  3. The victim was under 14 years of age at the time of the offences.
  4. The accused pleaded guilty to three charges of rape.
  5. The remaining six charges were taken into account for sentencing.
  6. The victim experienced flashbacks and emotional distress as a result of the incidents.

5. Formal Citations

  1. Public Prosecutor v Mohd Razali bin Mohd, CC 41/2002, [2002] SGHC 161

6. Timeline

DateEvent
Victim's mother married victim's natural father.
Victim born.
Victim's mother divorced her first husband.
Victim's mother remarried.
Victim's mother divorced her second husband.
Victim's mother met the accused.
First instance of rape occurred (2nd charge).
Last instance of rape occurred (2nd charge).
Rape occurred (8th charge).
Rape occurred (9th charge).
Medical report on victim's mental state was produced.
Judgment delivered.

7. Legal Issues

  1. Rape
    • Outcome: The court found the accused guilty of rape under section 376(2) of the Penal Code.
    • Category: Substantive
  2. Sentencing
    • Outcome: The court sentenced the accused to 12 years' imprisonment for each charge, with one sentence to run consecutively, taking into account the accused's age and the prohibition against caning.
    • Category: Procedural
    • Related Cases:
      • [1991] 1 SLR 232

8. Remedies Sought

  1. Imprisonment

9. Cause of Actions

  • Rape

10. Practice Areas

  • Criminal Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Er Boon Huai & Anor v PPHigh CourtYes[1991] 1 SLR 232SingaporeCited to support the principle that the court cannot impose an additional term of imprisonment in lieu of caning.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code, Chapter 224, section 376(2)Singapore
Penal Code, section 511Singapore
Penal Code, section 354Singapore
Criminal Procedure Code, section 231Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Rape
  • Step-daughter
  • Penal Code
  • Sentencing
  • Imprisonment

15.2 Keywords

  • Rape
  • Sexual Assault
  • Criminal Law
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Criminal Law90
Sexual Offences90
Penal Code80
Sentencing70
Criminal Procedure60

16. Subjects

  • Criminal Law
  • Rape
  • Sentencing