PP v Abdul Aziz: Sodomy & Fellatio Sentencing - Penal Code s 377
In Public Prosecutor v Abdul Aziz s/o Hameed Sultan @ Nur Mohammad Hafeez, the High Court of Singapore, on 28 January 2004, sentenced Abdul Aziz for committing sodomy and fellatio on an 18-year-old youth. The court, presided over by Choo Han Teck J, considered the victim's low intelligence as an aggravating factor and the negligible penetration in the sodomy charge as a mitigating factor. Abdul Aziz was sentenced to six years’ imprisonment for the sodomy charge and nine months’ imprisonment for the fellatio charge, to be served concurrently.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The accused was sentenced to six years’ imprisonment for sodomy and nine months’ imprisonment for fellatio, to be served concurrently.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Abdul Aziz was sentenced for sodomy and fellatio under s 377 of the Penal Code. The court considered the victim's low intelligence and negligible penetration as factors.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Benjamin Yim of Public Prosecutor Derek Kang of Public Prosecutor |
| Abdul Aziz s/o Hameed Sultan @ Nur Mohammad Hafeez | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Benjamin Yim | Public Prosecutor |
| Derek Kang | Public Prosecutor |
| David Rasif | David Rasif and Partners |
4. Facts
- The accused offered the victim $23 to wash aquariums in his flat.
- The accused stripped himself and told the youth to do the same or he would be assaulted.
- The accused committed sodomy and fellatio against the youth.
- The youth immediately lodged a police report against the accused.
- Medical reports indicated negligible penetration and superficial tears at the anal verge.
5. Formal Citations
- Public Prosecutor v Abdul Aziz s/o Hameed Sultan @ Nur Mohammad Hafeez, CC 2/2004, [2004] SGHC 13
6. Timeline
| Date | Event |
|---|---|
| Sexual offences committed | |
| Judgment issued |
7. Legal Issues
- Sentencing for Unnatural Offences
- Outcome: The court considered the victim's low intelligence as an aggravating factor and the negligible penetration in the sodomy charge as a mitigating factor when determining the sentence.
- Category: Substantive
- Sub-Issues:
- Aggravating factors
- Mitigating factors
- Totality of punishment
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Sodomy
- Fellatio
10. Practice Areas
- Criminal Law
- Sentencing
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 |
|---|---|
| s 377 Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sodomy
- Fellatio
- Unnatural offences
- Penal Code s 377
- Mitigating factors
- Aggravating factors
- Low intelligence
- Negligible penetration
- Anal verge
15.2 Keywords
- Sodomy
- Fellatio
- Sentencing
- Criminal Law
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Criminal Law | 90 |
| Sodomy | 90 |
| Fellatio | 85 |
| Sentencing | 80 |
| Criminal Procedure | 80 |
16. Subjects
- Criminal Law
- Sentencing