PP v AHB: Familial Rape, Sexual Assault, and Films Act Offences
In Public Prosecutor v AHB, the High Court of Singapore, presided over by Justice Woo Bih Li, convicted AHB on multiple charges of rape and sexual assault against his biological daughter, Y. AHB pleaded guilty to four charges, including rape and sexual assault by penetration. The court sentenced AHB to a total of 36 years' imprisonment and 24 strokes of the cane, taking into consideration the aggravating factors, including a prior conviction for outrage of modesty against the same victim and the victim's resulting pregnancy.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty plea accepted; AHB convicted and sentenced to 36 years' imprisonment 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
AHB was convicted of familial rape and sexual assault against his daughter, along with offences under the Films Act, resulting in a 36-year imprisonment term.
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 | Ramu Miyapan |
| AHB | Defendant | Individual | Guilty Plea Accepted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ramu Miyapan | Attorney-General's Chambers |
4. Facts
- AHB committed rape on his biological daughter, Y, on multiple occasions.
- The sexual assaults escalated from outrage of modesty to rape over two to three years.
- Y became pregnant as a result of the sexual assaults.
- AHB had a prior conviction for outrage of modesty against the same victim in 1998.
- AHB instructed Y to lie to the police to protect himself after learning about her pregnancy.
- AHB coerced Y to perform fellatio after learning about her pregnancy.
- AHB tested positive for syphilis.
5. Formal Citations
- Public Prosecutor v AHB, Criminal Case No 14 of 2010, [2010] SGHC 138
6. Timeline
| Date | Event |
|---|---|
| First charge: AHB used criminal force on Y by touching her breasts and vagina. | |
| Second charge: AHB used criminal force on Y by rubbing his penis against her buttocks. | |
| Third charge: AHB had carnal intercourse against the order of nature with Y by penetrating her mouth with his penis. | |
| Fourth charge: AHB committed rape on Y. | |
| Fourth charge: AHB committed rape on Y. | |
| Fifth charge: AHB committed rape on Y. | |
| Sixth charge: AHB committed rape on Y. | |
| Seventh charge: AHB penetrated Y's mouth with his penis. | |
| Y informs her mother about the sexual assaults and pregnancy. | |
| Eighth charge: AHB possessed 7 video CDs containing 7 obscene films. | |
| Y lodges a police report. | |
| Y undergoes medical examination. | |
| AHB was arrested. | |
| AHB was charged. | |
| AHB’s blood sample was obtained for DNA analysis. | |
| AHB’s blood sample was sent to Health Sciences Authority for DNA analysis. | |
| AHB was examined by a consultant psychiatrist. | |
| AHB was examined by a consultant psychiatrist. | |
| Y delivered a baby girl. | |
| Cord and maternal blood samples were sent to HSA for DNA analysis. | |
| Decision Date |
7. Legal Issues
- Rape
- Outcome: AHB was found guilty of rape.
- Category: Substantive
- Sexual Assault by Penetration
- Outcome: AHB was found guilty of sexual assault by penetration.
- Category: Substantive
- Possession of Obscene Films
- Outcome: AHB agreed to have the eighth charge taken into consideration for sentencing.
- Category: Substantive
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Rape
- Sexual Assault
- Possession of Obscene Films
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| PP v NF | High Court | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited as the starting point for sentences for familial rape. |
| Adam bin Darsin v PP | Court of Appeal | Yes | [2001] 1 SLR(R) 709 | Singapore | Cited for sentencing in cases of fellatio under s 377 of the Penal Code (Cap 224, 1985 Rev Ed). |
| PP v Wong Siu Fai | High Court | Yes | [2002] 1 SLR(R) 1161 | Singapore | Cited for sentencing in cases of fellatio under s 377 of the Penal Code. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Chapter 224, 1985 Rev Ed) | Singapore |
| Penal Code (Chapter 224, 2008 Rev Ed) | Singapore |
| section 354 of the Penal Code (Chapter 224. 1985 Rev Ed) | Singapore |
| section 377 of the Penal Code (Chapter 224. 1985 Rev Ed) | Singapore |
| section 376(1) of the Penal Code (Chapter 224, 1985 Rev Ed) | Singapore |
| section 375(2) of the Penal Code (Chapter 224, 2008 Rev Ed) | Singapore |
| section 376(1)(a) of the Penal Code (Chapter 224. 2008 Rev Ed) | Singapore |
| section 376(3) of the Penal Code (Chapter 224. 2008 Rev Ed) | Singapore |
| section 30(1) of the Films Act, Chapter 107 | Singapore |
| section 354A(2)(b) of the Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
| s 230 of the Criminal Procedure Code (Cap 68, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Familial rape
- Sexual assault
- Penetration
- Obscene films
- Incorrigible monster
- Statement of Facts
- Outrage of modesty
- Pregnancy
- Syphilis
15.2 Keywords
- Rape
- Sexual assault
- Incest
- Singapore
- Criminal law
- Obscene films
16. Subjects
- Criminal Law
- Sexual Offences
- Rape
- Child Abuse
17. Areas of Law
- Criminal Law
- Sexual Offences
- Rape
- Films Act