Buergin Juerg v Public Prosecutor: Mens Rea & Paid Sex with a Minor
Buergin Juerg, a Swiss national, appealed against his conviction for two counts under s 376B(1) of the Penal Code for obtaining sexual services from a minor. The High Court dismissed the appeal, holding that s 377D(1) of the Penal Code precludes the defense of reasonable mistake as to the age of the minor.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Buergin Juerg, a Swiss national, was convicted of paid sex with a minor. The appeal centered on whether mens rea was required for the offense.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Buergin Juerg | Appellant | Individual | Appeal dismissed | Lost | Selva K Naidu |
| Public Prosecutor | Respondent | Government Agency | Appeal dismissed | Won | Isaac Tan, Toh Puay San |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Selva K Naidu | Liberty Law Practice LLP |
| Isaac Tan | Attorney-General's Chambers |
| Toh Puay San | Attorney-General's Chambers |
4. Facts
- The appellant, a Swiss national, engaged the services of an escort through a website.
- The escort, Chantelle, was 17 years and 6 months old on the first occasion and 17 years and 9 months old on the second.
- The appellant paid $600 and $650 for the sexual services on the two occasions.
- The appellant was charged with two counts under s 376B(1) of the Penal Code.
- The trial judge found that the appellant asked for Chantelle’s identification.
- Chantelle showed her elder sister's identity card to the appellant.
- The trial judge found that the appellant did not know that Chantelle was under-aged.
5. Formal Citations
- Buergin Juerg v Public Prosecutor, Magistrate's Appeal No 97 of 2013, [2013] SGHC 134
6. Timeline
| Date | Event |
|---|---|
| Appellant contacted Tang Boon Thiew regarding escort services. | |
| Sentences to run concurrently with effect from 8 May 2013. | |
| Appeal heard and dismissed. |
7. Legal Issues
- Whether mens rea is a requirement for a s 376B(1) offence under the Penal Code
- Outcome: The court held that s 377D(1) of the Penal Code precludes the defense of reasonable mistake as to the age of the minor, effectively removing the requirement to prove mens rea in this context.
- Category: Substantive
8. Remedies Sought
- Appeal against conviction
9. Cause of Actions
- Violation of s 376B(1) of the Penal Code
10. Practice Areas
- Criminal Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sweet v Parsley | N/A | Yes | [1970] AC 132 | England and Wales | Cited for the proposition that the law presumes mens rea is a requisite element for all statutory offences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376B(1) | Singapore |
| Penal Code s 377D | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Mens rea
- Paid sex with a minor
- Reasonable mistake
- Section 376B(1)
- Section 377D(1)
15.2 Keywords
- Criminal Law
- Singapore
- Penal Code
- Mens Rea
- Sex with Minor
16. Subjects
- Criminal Law
- Sex Offences
17. Areas of Law
- Criminal Law
- Statutory Interpretation