Annis bin Abdullah v PP: Unnatural Offences, Fellatio & Sentencing Principles
In Annis bin Abdullah v Public Prosecutor, the High Court of Singapore heard an appeal against a 24-month imprisonment sentence imposed on Annis bin Abdullah for having carnal intercourse against the order of nature with a 15-year-old girl, by engaging in fellatio, an offence under Section 377 of the Penal Code. Yong Pung How CJ allowed the appeal, reducing the sentence to 12 months, considering mitigating factors such as the appellant's plea of guilt and the disparity between sentences for similar offences and carnal connection offences under the Women's Charter. The court also addressed the Public Prosecutor's petition for criminal revision to amend the charge and statement of facts to reflect the victim's correct age.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal against sentence allowed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against sentence for unnatural carnal intercourse. The High Court reduced the sentence, considering mitigating factors and disparity with similar cases.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal against sentence allowed | Lost | Seah Kim Ming Glenn of Deputy Public Prosecutors Khoo Oon Soo of Deputy Public Prosecutors |
| Annis bin Abdullah | Appellant | Individual | Appeal against sentence allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Seah Kim Ming Glenn | Deputy Public Prosecutors |
| Khoo Oon Soo | Deputy Public Prosecutors |
| S S Dhillon | Dhillon Dendroff and Partners |
| Terence Hua | Dhillon Dendroff and Partners |
4. Facts
- The appellant pleaded guilty to having carnal intercourse against the order of nature with a 15-year-old girl.
- The appellant met the victim online in an Internet Relay Chat chatroom.
- The appellant and the victim met at a barbecue gathering hosted by a mutual friend.
- The victim initiated a date with the appellant.
- The appellant and victim drove to Chinese Garden Road where the victim performed fellatio on the appellant.
- The victim lodged a police report about the incident.
- The appellant was a police sergeant at the time of the offence.
5. Formal Citations
- Annis bin Abdullah v Public Prosecutor, MA 208/2003, CM 3/2004, Cr Rev 6/2004, [2004] SGHC 52
6. Timeline
| Date | Event |
|---|---|
| Appellant met the victim online in an Internet Relay Chat chatroom. | |
| Appellant and victim met; victim performed fellatio on the appellant. | |
| Police report lodged. | |
| Appellant pleaded guilty before District Judge Wong Keen Onn in the District Court. | |
| Appeal, motion, and petition for criminal revision heard. | |
| Judgment issued. |
7. Legal Issues
- Amendment of Charge
- Outcome: The High Court has the power to amend a charge and convict an accused person on the amended charge, but this power must be exercised with great caution.
- Category: Procedural
- Related Cases:
- [1996] 1 SLR 401
- Adducing Fresh Evidence
- Outcome: The court will only grant leave to adduce additional evidence on appeal in extremely limited circumstances and only where the evidence is relevant, reliable and was not available at trial.
- Category: Procedural
- Related Cases:
- [1993] 3 SLR 338
- [1954] 3 All ER 745
- Mitigating Factors in Sentencing
- Outcome: The court considered the mitigating factors but found some to be of limited weight, particularly the consent of a victim under 16 and hardship to the family.
- Category: Substantive
- Sub-Issues:
- Consent of victim
- First offender status
- Plea of guilt
- Hardship to family
- Related Cases:
- [1998] 1 SLR 801
- [1995] 1 SLR 537
- [1993] 3 SLR 305
- [1999] 2 SLR 523
- Aggravating Factors in Sentencing
- Outcome: The court found that the use of the Internet to meet the victim was an aggravating factor, but that the offender being a police officer should not have been regarded as an aggravating factor in this case.
- Category: Substantive
- Sub-Issues:
- Use of Internet to meet victim
- Moral corruption of victim
- Offender being a police officer
- Related Cases:
- [2004] SGHC 17
- [1999] 3 SLR 215
- Sentencing Benchmarks for Unnatural Offences
- Outcome: The court found that the sentence was manifestly excessive and reduced it, taking into account the disparity between sentences for carnal connection offences and fellatio offences.
- Category: Substantive
- Sub-Issues:
- Disparity between sentences for carnal connection offences and fellatio offences
- Related Cases:
- [2002] 3 SLR 276
- [2001] 2 SLR 412
- [2002] 3 SLR 268
- [2003] SGHC 18
- [2000] SGHC 261
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Unnatural Offences
10. Practice Areas
- Criminal Appeals
- Sentencing Guidelines
11. Industries
- Law Enforcement
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v Kwan Kwong Weng | Court of Appeal | Yes | [1997] 1 SLR 697 | Singapore | Cited to establish that fellatio performed as a substitute for natural sexual intercourse constitutes an offence under s 377 of the Penal Code. |
| Garmaz s/o Pakhar v PP | Court of Appeal | Yes | [1996] 1 SLR 401 | Singapore | Cited for the principle that the High Court's powers under s 256(b) of the Criminal Procedure Code include the power to amend a charge and convict an accused person on the amended charge, but this power must be exercised with great caution. |
| Ng Ee v PP | Unknown | Yes | [1941] 1 MLJ 180 | Unknown | Cited for the test to be applied when amending a charge on appeal, stating that it should only be done with great caution and where it is clear beyond all doubt that it will not prejudice the accused. |
| PP v Koon Seng Construction Pte Ltd | Unknown | Yes | [1996] 1 SLR 573 | Singapore | Cited for the principle that the power to amend a charge is not unfettered and should be exercised sparingly, subject to careful observance of the safeguards against prejudice to the defence. |
| Mok Swee Kok v PP | Unknown | Yes | [1994] 3 SLR 140 | Singapore | Cited to support the view that the court has a legal duty to record a statement of facts and to scrutinise it to ensure that all the elements of the charge are made out therein. |
| Ang Poh Chuan v PP | Unknown | Yes | [1996] 1 SLR 326 | Singapore | Cited for the principles governing the exercise of the High Court's revisionary jurisdiction, stating that there must be some serious injustice. |
| Ng Kim Han v PP | Unknown | Yes | [2001] 2 SLR 293 | Singapore | Cited to reiterate that there is no clear-cut test of what constitutes 'serious injustice' in the context of the High Court's revisionary powers. |
| Tay Kim Kuan v PP | Unknown | Yes | [2001] 3 SLR 567 | Singapore | Cited to support the view that the clear policy of Parliament has been to criminalise sexual activity involving girls below the age of 16 years, and that consent is irrelevant in such cases. |
| Koh Thian Huat v PP | Unknown | Yes | [2002] 3 SLR 28 | Singapore | Cited to state that the High Court's revisionary powers exist to correct a miscarriage of justice arising from the correctness, legality or propriety of any finding, sentence or order recorded or passed. |
| Juma’at bin Samad v PP | Unknown | Yes | [1993] 3 SLR 338 | Singapore | Cited for the principles governing the court's grant of leave to adduce additional evidence on appeal, applying the test set out in Ladd v Marshall. |
| Ladd v Marshall | Unknown | Yes | [1954] 3 All ER 745 | England | Cited for the test requiring non-availability, relevance, and reliability to be satisfied before fresh evidence can be admitted on appeal. |
| Lim Hock Hin Kelvin v PP | Court of Appeal | No | [1998] 1 SLR 801 | Singapore | Cited by the appellant to argue that 'young victims' are children below 14 years old, but the court rejected this submission. |
| Sim Gek Yong v PP | Unknown | Yes | [1995] 1 SLR 537 | Singapore | Cited for the principle that the absence of similar antecedents is a mitigating factor to be weighed against other factors, with the public interest being the foremost consideration. |
| Lai Oei Mui Jenny v PP | Unknown | Yes | [1993] 3 SLR 305 | Singapore | Cited for the principle that hardship caused to the appellant's family as a result of the imprisonment of an offender has little mitigating value. |
| PP v Tan Fook Sum | Unknown | Yes | [1999] 2 SLR 523 | Singapore | Cited for the principle that hardship caused to the appellant's family as a result of the imprisonment of an offender has little mitigating value. |
| Rupchand Bhojwani Sunil v PP | High Court | Yes | [2004] SGHC 17 | Singapore | Cited for the reasoning behind the deterrent sentence in Tay Kim Kuan, which is the protection of the young and gullible from the perils of the Internet. |
| PP v Gurmit Singh | Unknown | No | [1999] 3 SLR 215 | Singapore | Cited by the district judge to support the view that a severe sentence was warranted to deter like-minded individuals and to uphold the public interest, but the High Court disagreed that it should be regarded as an aggravating factor in the present case. |
| PP v Wong Siu Fai | Unknown | No | [2002] 3 SLR 276 | Singapore | Cited by the district judge as a case in which sentences of five years’ imprisonment were imposed for s 377 offences, but the High Court distinguished it from the present case. |
| Adam bin Darsin v PP | Unknown | No | [2001] 2 SLR 412 | Singapore | Cited by the district judge as a case in which sentences of five years’ imprisonment were imposed for s 377 offences, but the High Court distinguished it from the present case. |
| PP v Peh Thian Hui | Unknown | No | [2002] 3 SLR 268 | Singapore | Cited by the district judge as a case in which sentences of five years’ imprisonment were imposed for s 377 offences, but the High Court distinguished it from the present case. |
| PP v Pok Raymond | High Court | No | [2003] SGHC 18 | Singapore | Cited as a case where sentences of two years’ imprisonment were imposed in respect of each of three s 377 charges preferred against the accused, and the High Court found it particularly helpful in the present appeal. |
| PP v Netto Michael George | High Court | No | [2000] SGHC 261 | Singapore | Cited as a case where the accused was sentenced to 12 months’ imprisonment in respect of the s 377 offence, and the High Court found it particularly helpful in the present appeal. |
| PP v Mok Ping Wuen Maurice | Unknown | Yes | [1999] 1 SLR 138 | Singapore | Cited for the principle that the effect of taking into consideration outstanding offences is to enhance the sentences that would otherwise be awarded. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 377 Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Section 256 Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| Section 268 Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| Section 23 Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) | Singapore |
| Section 140(1)(i) Women's Charter (Cap 357, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Carnal intercourse
- Fellatio
- Unnatural offence
- Sentencing
- Mitigating factors
- Aggravating factors
- Deterrent sentence
- Internet Relay Chat
- Criminal revision
- Manifestly excessive
15.2 Keywords
- Unnatural Offences
- Fellatio
- Sentencing
- Criminal Law
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 90 |
| Unnatural Offences | 90 |
| Sentencing | 85 |
| Criminal Procedure | 80 |
| Appeal | 75 |
| Criminal Revision | 70 |
16. Subjects
- Criminal Law
- Sentencing
- Criminal Procedure