Public Prosecutor v Shamsul bin Sa’at: Aggravated Rape, Sexual Assault, and Housebreaking

In Public Prosecutor v Shamsul bin Sa’at, the High Court of Singapore sentenced Shamsul bin Sa’at to 25 years' imprisonment and 24 strokes of the cane after he pleaded guilty to charges of attempted aggravated rape, aggravated sexual assault by penetration, aggravated rape, and housebreaking by night. The charges stemmed from an incident where Shamsul broke into the victim's home, tied her up, and subjected her to repeated sexual assaults. The court considered the aggravating factors, including the prolonged nature of the assault, the violation of the victim's home, and the injuries inflicted.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Accused sentenced to a total term of imprisonment of 25 years and 24 strokes of the cane.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Shamsul bin Sa’at pleaded guilty to aggravated rape, sexual assault, and housebreaking. The High Court sentenced him to 25 years' imprisonment and 24 strokes of the cane.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Chua Ying-Hong of Prosecution
Tan Boon Khai of Prosecution
Shamsul bin Sa'atDefendantIndividualConvicted and SentencedLost

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Chua Ying-HongProsecution
Tan Boon KhaiProsecution

4. Facts

  1. Accused stole keys to the victim's flat in November 2008.
  2. Accused broke into the victim's flat at 1 am on 4 April 2009.
  3. Accused tied up the victim and covered her mouth with masking tape.
  4. Accused attempted to rape the victim multiple times.
  5. Accused digitally penetrated the victim's vagina.
  6. Accused successfully raped the victim.
  7. Accused stole the victim's mobile phone and cash.

5. Formal Citations

  1. Public Prosecutor v Shamsul bin Sa’at, CC No 10 of 2010, [2010] SGHC 132

6. Timeline

DateEvent
Accused was in a relationship with the victim’s daughter.
Accused stole keys to the flat.
Accused discovered the victim would be home alone.
Accused broke into the flat and assaulted the victim.
Victim was medically examined at the National University Hospital.
Accused was arrested.
Judgment issued.

7. Legal Issues

  1. Aggravated Rape
    • Outcome: The court found the accused guilty of aggravated rape.
    • Category: Substantive
    • Related Cases:
      • [1992] 1 SLR(R) 63
      • [2006] 4 SLR(R) 849
      • [2008] 1 SLR(R) 601
      • [2003] 2 Cr App R (S) 31
      • [1982] 1 WLR 133
  2. Aggravated Sexual Assault by Penetration
    • Outcome: The court found the accused guilty of aggravated sexual assault by penetration.
    • Category: Substantive
    • Related Cases:
      • [2010] SGHC 10
      • [2009] SGHC 97
      • [2010] SGHC 3
  3. Housebreaking by Night
    • Outcome: The court found the accused guilty of housebreaking by night.
    • Category: Substantive
    • Related Cases:
      • [2008] SGDC 383
  4. Sentencing
    • Outcome: The court determined the appropriate sentences for each charge, considering aggravating and mitigating factors.
    • Category: Procedural
    • Related Cases:
      • [2008] 4 SLR(R) 500
      • [2007] 1 SLR(R) 767
      • [1999] 1 SLR(R) 1022
      • [2006] 4 SLR(R) 653
      • [1990] 2 SLR(R) 361

8. Remedies Sought

  1. Criminal Prosecution
  2. Imprisonment
  3. Caning

9. Cause of Actions

  • Aggravated Rape
  • Aggravated Sexual Assault by Penetration
  • Housebreaking by Night
  • Theft

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chia Kim Heng Frederick v PPCourt of AppealYes[1992] 1 SLR(R) 63SingaporeEstablished the starting point for sentencing adult offenders for rape committed without aggravating or mitigating factors.
PP v NFHigh CourtYes[2006] 4 SLR(R) 849SingaporeAdopted the four broad categories of rape and determined the appropriate starting point for category 2 rapes.
PP v Mohammed Liton Mohammed Syeed MallikCourt of AppealYes[2008] 1 SLR(R) 601SingaporeAdopted the position in PP v NF regarding the starting point for category 2 rapes.
R v William Christopher MillberryEnglish Court of AppealYes[2003] 2 Cr App R (S) 31England and WalesIdentified a list of nine aggravating factors that are often present in rape offences.
Regina v RobertsEnglish Court of AppealYes[1982] 1 WLR 133England and WalesConsidered the many aggravating factors in rape cases.
PP v Robiul Bhoreshuddin MondalHigh CourtYes[2010] SGHC 10SingaporeEstablished sentencing norms for aggravated sexual assault by penetration.
PP v Bala KuppusamyHigh CourtYes[2009] SGHC 97SingaporeEstablished sentencing norms for aggravated sexual assault.
PP v AEYHigh CourtYes[2010] SGHC 3SingaporeEstablished sentencing norms for sexual assault by penetration involving a young victim.
PP v Chen JianhuaDistrict CourtYes[2008] SGDC 383SingaporeEstablished a benchmark for cases involving housebreaking and theft of residential property.
PP v UICourt of AppealYes[2008] 4 SLR(R) 500SingaporeAddressed the effect of offences taken into consideration for sentencing purposes.
Navaseelan Balasingam v PPHigh CourtYes[2007] 1 SLR(R) 767SingaporeAddressed the effect of offences taken into consideration for sentencing purposes.
PP v Tan Fook SumHigh CourtYes[1999] 1 SLR(R) 1022SingaporeAddressed the issue of premeditation as an aggravating factor in housebreaking cases.
Angliss Singapore Pte Ltd v PPCourt of AppealYes[2006] 4 SLR(R) 653SingaporeAddressed the mitigating value of a guilty plea.
Wong Kai Chuen Philip v PPHigh CourtYes[1990] 2 SLR(R) 361SingaporeAddressed the mitigating value of a guilty plea.
PP v Akbar Late Md Hossain HowladerHigh CourtYes[2004] SGHC 128SingaporeAddressed the issue of intrusion into the victim’s home as an aggravating factor.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap 224, 2008 Rev Ed) section 375(3)(a)(i)Singapore
Penal Code (Cap 224, 2008 Rev Ed) section 511Singapore
Penal Code section 376(4)(a)(i)Singapore
Penal Code section 457Singapore
Penal Code section 380Singapore
Penal Code section 354ASingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Aggravated Rape
  • Sexual Assault
  • Housebreaking
  • Penal Code
  • Sentencing
  • Aggravating Factors
  • Mitigating Factors
  • DNA Evidence
  • Victim Impact
  • Consecutive Sentences
  • Concurrent Sentences

15.2 Keywords

  • aggravated rape
  • sexual assault
  • housebreaking
  • sentencing
  • criminal law
  • singapore

17. Areas of Law

Area NameRelevance Score
Aggravated Rape95
Criminal Law95
Sexual assault by penetration90
Rape90
Attempted Rape90
Sexual Penetration85
Offences80
Sexual Penetration of Minor80
Penal Code80
Criminal Procedure and Sentencing75
House-trespass70
Criminal Procedure60
Theft60
Criminal Revision50
Robbery40
Criminal Appeals40
Criminal motions30
Cheating30
Gang-robbery30
Obstructing, preventing, perverting or defeating course of justice30
Public Prosecutor30
Consent of Public Prosecutor30
Defective consent of Public Prosecutor30
Curative powers of court30
Destruction of Evidence20
Agreements to stifle prosecution20
Prosecution failing to disclose material20
Consequences of Prosecution’s non-disclosure20
Amendment of Charges20
Prosecution by Attrition20
Prosecutorial Misconduct20
Private Prosecution20
Prosecution’s duty to assist the court in respect of sentencing20
Attempt to Pervert the Course of Justice20
Prosecutorial Discretion20
Prosecutorial Powers20
Legal Representation20
Criminal Case Disclosure20
Sealing of Court Documents20

16. Subjects

  • Criminal Law
  • Sexual Offences
  • Sentencing