Public Prosecutor v UI: Sentencing for Rape of a Minor by Father; Mitigating Factors of Forgiveness
In Public Prosecutor v UI, the High Court of Singapore sentenced UI for rape under s 376(2) of the Penal Code. UI pleaded guilty to three charges of rape of his daughter, C. The court, presided over by Choo Han Teck J, considered aggravating factors such as the abuse of trust and mitigating factors including the forgiveness shown by the victim and her mother. The court sentenced UI to a total of 16 years imprisonment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The accused was sentenced to a total of 16 years imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
UI was sentenced for raping his daughter. The court considered aggravating factors like abuse of trust and mitigating factors like the victim's forgiveness.
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 | Peter Koy |
| UI | Defendant | Individual | Convicted and Sentenced | Lost | S Balamurugan, Paul |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Peter Koy | Attorney-General's Chambers |
| S Balamurugan | B M Selvarajan & Co |
| Paul | Sim & Wong LLC |
4. Facts
- The accused was 55 years old and married with a 20-year-old son.
- The accused had an intimate relationship with Madam B and they had two daughters.
- The accused molested and had sex with his daughter C from 2002 to November 2006.
- The first rape took place in 2005.
- C disclosed the abuse to her maternal aunt in December 2006.
- C and Madam B have forgiven the accused and still regard him as part of the family.
- C stated that the accused has been a loving and concerned father.
5. Formal Citations
- Public Prosecutor v UI, CC 19/2007, [2007] SGHC 139
6. Timeline
| Date | Event |
|---|---|
| Accused became intimate with Madam B. | |
| Daughter C was born. | |
| Madam B's business failed. | |
| Madam B bought a flat in Jurong West Street 42. | |
| Accused began molesting and having sex with C. | |
| First rape took place. | |
| C disclosed the abuse to her maternal aunt. | |
| Madam B and C wrote a joint letter expressing support for the accused. | |
| Preliminary Inquiry held. | |
| Judgment issued. |
7. Legal Issues
- Sentencing Principles
- Outcome: The court considered aggravating and mitigating factors in determining the appropriate sentence.
- Category: Substantive
- Aggravating Factors for Rape
- Outcome: The court considered the age of the victim and the abuse of trust as potential aggravating factors.
- Category: Substantive
- Mitigating Factors for Rape
- Outcome: The court considered the victim's forgiveness as a mitigating factor.
- Category: Substantive
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Rape
- Molest
10. Practice Areas
- Criminal Law
- Sentencing Guidelines
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 18 Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| Section 354 of the Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Section 376(1) Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Section 376(2) Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Molestation
- Sentencing
- Aggravating factors
- Mitigating factors
- Forgiveness
- Abuse of trust
15.2 Keywords
- Rape
- Sentencing
- Criminal Law
- Singapore
- High Court
- Forgiveness
- Mitigation
16. Subjects
- Criminal Law
- Sentencing
17. Areas of Law
- Criminal Law
- Sentencing
- Criminal Procedure