PP v AOF: Father Convicted of Sexual Offences Against Daughter

In Public Prosecutor v AOF, the High Court of Singapore convicted AOF on five charges, including rape and outrage of modesty against his daughter, C1. The court found C1's testimony credible and sentenced AOF to 29 years' imprisonment and caning. The charges included offences under sections 377 and 376(2) of the Penal Code (1985 Rev Ed) and section 354A(1) of the Penal Code. The prosecution withdrew four other charges, resulting in a discharge amounting to an acquittal for AOF on those charges.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Convicted on all charges

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

AOF was convicted of sexual offences against his daughter, including rape and outrage of modesty. The High Court sentenced him to 29 years' imprisonment and caning.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
Leong Wing Tuck of Attorney-General’s Chambers
Ma Hanfeng of Attorney-General’s Chambers
Ramu Miyapan of Attorney-General’s Chambers
Davyd Chong of Attorney-General’s Chambers
AOFDefendantIndividualConvicted on all chargesLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Leong Wing TuckAttorney-General’s Chambers
Ma HanfengAttorney-General’s Chambers
Ramu MiyapanAttorney-General’s Chambers
Davyd ChongAttorney-General’s Chambers
Sadari MusariSadari Musari & Partners
Abdul Aziz bin Abdul RashidAssameur & Associates

4. Facts

  1. The accused was charged with sexual offences against his daughter, C1.
  2. The abuse began when C1 was 6 years old and continued until she was 14.
  3. C1 reported the abuse to her mother, who then took her to the police.
  4. Medical examination of C1 revealed hymenal tears suggestive of previous penetration.
  5. C1 testified in court about the incidents of sexual abuse.
  6. The accused denied all the allegations.

5. Formal Citations

  1. Public Prosecutor v AOF, Criminal Case No 21 of 2010, [2010] SGHC 366

6. Timeline

DateEvent
Accused married his wife.
C1 was born.
C2 was born.
First incident of sexual abuse occurred.
C3 was born.
First rape incident occurred.
Second rape incident occurred.
Rape incident occurred after C1's birthday.
C1 ran away from home.
Accused used criminal force on C1.
Police report lodged by C1.
Accused was arrested.
Accused divorced his wife.
C1 testified.
Accused informed the court that his family wished to engage defence counsel for him.
Defence counsel attended court and confirmed that they had been instructed to act for the accused.
Accused was convicted on the five charges.

7. Legal Issues

  1. Rape
    • Outcome: The court found the accused guilty of rape.
    • Category: Substantive
    • Sub-Issues:
      • Consent
      • Age of victim
  2. Outrage of Modesty
    • Outcome: The court found the accused guilty of outrage of modesty.
    • Category: Substantive
    • Sub-Issues:
      • Criminal force
      • Wrongful restraint
  3. Carnal Intercourse Against the Order of Nature
    • Outcome: The court found the accused guilty of carnal intercourse against the order of nature.
    • Category: Substantive

8. Remedies Sought

  1. Criminal prosecution
  2. Imprisonment
  3. Caning

9. Cause of Actions

  • Rape
  • Outrage of Modesty
  • Carnal Intercourse Against the Order of Nature

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PP v Mohammed Liton Mohammed Syeed MallikCourt of AppealYes[2008] 1 SLR 601SingaporeCited for the principle that the court must be aware of the dangers of convicting solely on the testimony of the alleged victim in sexual assault cases.
PP v NFN/AYes[2006] 4 SLR 849SingaporeGuided the sentencing of the accused.
PP v UIN/AYes[2008] 4 SLR 500SingaporeGuided the sentencing of the accused.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code, Chapter 224 (1985 Rev Ed)Singapore
Penal Code, Chapter 224 (2008 Rev Ed)Singapore
Misuse of Drugs Act (Cap 185)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Sexual abuse
  • Rape
  • Outrage of modesty
  • Penetration
  • Consent
  • Hymenal tears
  • Carnal intercourse

15.2 Keywords

  • Sexual abuse
  • Rape
  • Incest
  • Singapore
  • Criminal law

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Penal Code90
Sexual Offences90
Criminal Procedure70
Family Law60
Women’s Charter30
Divorce20
Muslim Law20
Succession Law10

16. Subjects

  • Criminal Law
  • Sexual Offences
  • Family Law