Public Prosecutor v Soh Song Soon: Sexual Assault Sentencing & Mitigation
In Public Prosecutor v Soh Song Soon, the High Court of Singapore, presided over by Justice Choo Han Teck, sentenced Soh Song Soon on November 3, 2009, after he pleaded guilty to four charges of sexual assault on a 12-year-old boy. The court considered the accused's mitigation plea, including evidence of a stress disorder, and sentenced him to three years imprisonment on each of the four charges and ordered that the sentence of the 1st, 2nd, and 14th charges shall run concurrently, and the sentence of the 15th charge shall run consecutively, resulting in a total length of imprisonment of six years.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to six years imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment reserved
1.5 Jurisdiction
Singapore
1.6 Description
Soh Song Soon pleaded guilty to sexual assault. The court considered mitigation factors, including a stress disorder, in sentencing him to six years' imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Successful Prosecution | Won | Shahla Iqbal of Deputy Public Prosecutors Wynn Wong of Deputy Public Prosecutors |
| Soh Song Soon | Defendant | Individual | Sentenced to Imprisonment | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Shahla Iqbal | Deputy Public Prosecutors |
| Wynn Wong | Deputy Public Prosecutors |
| Simon Tan Hiang Teck | Attorneys Inc. LLC |
4. Facts
- The accused pleaded guilty to four charges of sexual assault on a 12-year-old boy.
- The offences involved fellatio committed on the boy and by the boy on the accused.
- Eleven other similar charges were taken into account for sentencing.
- The accused was 68 years old at the time of the offences.
- The accused met the boy at a carnival where the accused was performing as a magician.
- The boy would visit the accused's flat on weekends to learn magic.
- The accused suffered from a Stress Disorder prior to his arrest.
5. Formal Citations
- Public Prosecutor v Soh Song Soon, CC 25/2009, [2009] SGHC 249
6. Timeline
| Date | Event |
|---|---|
| Accused first met the boy at a carnival. | |
| Sexual assault offences committed between July and August 2008. | |
| Sexual assault offences committed between July and August 2008. | |
| Dr Lim prepared report indicating the accused was fit to plead. | |
| Dr Ngui’s medical report stated that the accused was suffering from a Stress Disorder. | |
| Effective date of imprisonment. | |
| Judgment reserved. |
7. Legal Issues
- Appropriateness of Newton Hearing
- Outcome: The court found that the Newton hearing was not necessary in this case.
- Category: Procedural
- Related Cases:
- R v Robert John Newton (1982) 4 Cr App R(S) 388
- R v Kevin John Underwood & Others [2005] 1 Cr App R(S) 90
- Mitigation in Sentencing
- Outcome: The court considered the accused's stress disorder and personal circumstances in mitigation but found they did not substantially reduce his culpability.
- Category: Substantive
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Sexual Assault
10. Practice Areas
- Criminal Law
- Sentencing Mitigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| R v Robert John Newton | Court of Appeal | Yes | R v Robert John Newton (1982) 4 Cr App R(S) 388 | England and Wales | Cited for the principles governing Newton hearings in sentencing. |
| R v Kevin John Underwood & Others | N/A | Yes | R v Kevin John Underwood & Others [2005] 1 Cr App R(S) 90 | N/A | Cited for summarizing the limitations of a Newton hearing. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(1)(c) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual Assault
- Mitigation
- Newton Hearing
- Stress Disorder
- Sentencing
- Fellatio
15.2 Keywords
- sexual assault
- sentencing
- mitigation
- newton hearing
- stress disorder
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Criminal Law | 90 |
| Sentencing | 80 |
| Criminal Procedure | 80 |
| Mitigation | 70 |
| Psychiatry | 60 |
| Evidence | 50 |
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences