Public Prosecutor v Loh Soon Aik Andrew: Sexual Offences Against Minors - Penal Code Sentencing
In Public Prosecutor v Loh Soon Aik Andrew, the High Court of Singapore sentenced the accused, Loh Soon Aik Andrew, on 18 January 2013, to 19 years' imprisonment and 24 strokes of the cane for three offences under the Penal Code involving sexual acts with minors. The court, presided over by Choo Han Teck J, considered principles of deterrence, retribution, prevention, and rehabilitation in determining the appropriate sentence. The accused pleaded guilty to the charges.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to 19 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
Loh Soon Aik Andrew was sentenced to 19 years' imprisonment and caning for sexual offences against minors. The court considered deterrence, retribution, prevention, and rehabilitation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Sharmila Sripathy-Shanaz of Attorney-General’s Chambers Lin Yinbing of Attorney-General’s Chambers Issac Tan of Attorney-General’s Chambers |
| Loh Soon Aik Andrew | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sharmila Sripathy-Shanaz | Attorney-General’s Chambers |
| Lin Yinbing | Attorney-General’s Chambers |
| Issac Tan | Attorney-General’s Chambers |
| S Balamurugam | Straits Law Practice LLC |
4. Facts
- The accused was 21 years old when he committed the offences.
- The accused committed acts of fellatio on two minors, both aged nine.
- The accused inserted his finger into the vagina of an eight-year-old girl.
- The accused pleaded guilty to three charges under the Penal Code.
- Two other charges were taken into account for sentencing purposes.
- The accused met the first victim through the victim’s classmate.
- The accused enticed the victim to join a club for computer games with promises of monetary rewards.
- Dr Chan concluded that the accused has Pedophilia.
5. Formal Citations
- Public Prosecutor v Loh Soon Aik Andrew, Criminal Case No 30 of 2012, [2013] SGHC 16
6. Timeline
| Date | Event |
|---|---|
| Accused committed the first and second charges. | |
| Accused committed the third charge. | |
| Psychiatric examination of the accused by Dr Chan Lai Gwen. | |
| Second psychiatric examination of the accused by Dr Chan Lai Gwen. | |
| Dr Chan issued a medical report concluding the accused has Pedophilia. | |
| Criminal Case No 30 of 2012 filed. | |
| Judgment delivered. |
7. Legal Issues
- Sentencing Principles
- Outcome: The court considered deterrence, retribution, prevention, and rehabilitation in determining the appropriate sentence.
- Category: Substantive
- Related Cases:
- (1974) 60 Cr App R 74
- Sexual Offences Against Minors
- Outcome: The accused pleaded guilty to the charges under s 376(1)(b) and s 376(2)(a) of the Penal Code.
- Category: Substantive
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Sexual Offences
10. Practice Areas
- Criminal Law
- Sentencing
- Sex Crimes
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| R v James Henry Sargeant | Court of Appeal | Yes | (1974) 60 Cr App R 74 | England and Wales | Cited for the classical principles of sentencing: deterrence, retribution, prevention and rehabilitation. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(2)(a) | Singapore |
| Penal Code (Cap 224) s 354(1) | Singapore |
| Penal Code (Cap 224) s 354(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Fellatio
- Pedophilia
- Deterrence
- Retribution
- Rehabilitation
- Sentencing Principles
15.2 Keywords
- sexual offences
- minors
- penal code
- sentencing
- pedophilia
- deterrence
- retribution
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences against Minors | 99 |
| Sexual Offences | 98 |
| Criminal Law | 95 |
| Penal Code | 95 |
| Offences | 90 |
| Sentencing | 80 |
| Pedophilia | 75 |
| Psychiatry | 60 |
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences Against Children