PP v BNN: Rape, Sexual Penetration of a Minor, Outrage of Modesty, Voluntarily Causing Hurt, Criminal Intimidation
In Public Prosecutor v BNN, the High Court of Singapore sentenced BNN to 32 years' imprisonment and 24 strokes of the cane after he pleaded guilty to seven charges, including rape, sexual penetration of a minor, outrage of modesty, voluntarily causing hurt, and criminal intimidation. The charges involved his stepdaughters, [O] and [Y]. The court took eleven other charges into consideration for sentencing. The offences occurred between June 2008 and November 2011.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Guilty plea accepted; sentenced to 32 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
BNN was convicted of rape, sexual penetration of a minor, outrage of modesty, voluntarily causing hurt, and criminal intimidation against his stepdaughters. The High Court sentenced him to 32 years' imprisonment and 24 strokes of the cane.
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 | Prem Raj Prabakaran, Christine Liu |
| BNN | Defendant | Individual | Guilty Plea Accepted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Prem Raj Prabakaran | Attorney-General's Chambers |
| Christine Liu | Attorney-General's Chambers |
4. Facts
- Accused pleaded guilty to 7 charges, with 11 others considered for sentencing.
- Victims were his stepdaughters, [O] (12-14) and [Y] (10-12) at the time of the offences.
- Accused committed sexual and physical abuse against [O] over nearly 3 years.
- Accused groped, digitally penetrated, and raped [O] on multiple occasions.
- Accused also physically assaulted both [O] and [Y].
- The wife left the accused due to his abusive behavior and initiated divorce proceedings.
- [O] suffered significant psychological harm as a result of the abuse.
5. Formal Citations
- Public Prosecutor v BNN, Criminal Case No 10 of 2013, [2014] SGHC 7
6. Timeline
| Date | Event |
|---|---|
| Accused married the wife. | |
| Accused's family left their Bukit Batok flat in Singapore to stay in Larkin, Johor, Malaysia. | |
| Family left Larkin for Skudai, Johor, Malaysia. | |
| Family returned to Singapore. | |
| Family moved to Jurong West Street 42 to reside with the wife’s friend. | |
| Wife gave birth to their son, [S]. | |
| Family returned to stay at the wife’s sister’s flat in Jurong West. | |
| Family went to stay at a condominium at Wadihana, Johor, Malaysia. | |
| Family moved from Wadihana to a studio apartment at Sri Samudra, Johor, Malaysia. | |
| Family returned to Singapore from Sri Samudra, Johor, Malaysia. | |
| Family stayed in a tent at Pasir Ris Park. | |
| Family moved to stay at the wife’s office. | |
| Family left staying in the wife’s office and moved into an apartment unit at Havelock Road. | |
| Family returned to the Wadihana Condominium in Johor, Malaysia. | |
| Family left the Wadihana Condominium and returned to Singapore. | |
| Wife left the accused with the 3 children. | |
| Wife initiated divorce proceedings against the accused. | |
| Police report was lodged. | |
| Accused remanded. | |
| Divorce was finalised. | |
| Criminal Case No 10 of 2013 | |
| Judgment reserved. |
7. Legal Issues
- Rape
- Outcome: Accused found guilty of rape and sentenced to imprisonment and caning.
- Category: Substantive
- Related Cases:
- [2006] 4 SLR(R) 849
- [2009] 1 SLR(R) 261
- [2010] SGHC 138
- Sexual Penetration of a Minor
- Outcome: Accused found guilty of sexual penetration of a minor and sentenced to imprisonment and caning.
- Category: Substantive
- Outrage of Modesty
- Outcome: Accused found guilty of outrage of modesty and sentenced to imprisonment and caning.
- Category: Substantive
- Voluntarily Causing Hurt
- Outcome: Accused found guilty of voluntarily causing hurt and sentenced to imprisonment.
- Category: Substantive
- Criminal Intimidation
- Outcome: Charge taken into consideration for sentencing.
- Category: Substantive
- Sentencing Principles
- Outcome: Court considered aggravating and mitigating factors to determine appropriate sentence, ordering some sentences to run consecutively.
- Category: Procedural
- Related Cases:
- [2008] 4 SLR(R) 500
- [2011] 1 SLR 481
- [1995] 3 SLR(R) 706
- [2002] 1 SLR(R) 386
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Rape
- Sexual Penetration of a Minor
- Outrage of Modesty
- Voluntarily Causing Hurt
- Criminal Intimidation
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v UI | Court of Appeal | Yes | [2008] 4 SLR(R) 500 | Singapore | Approved of the passage made by Sir Igor Judge P in R v Gary Dean Miles regarding offences taken into consideration. |
| R v Gary Dean Miles | England and Wales Court of Appeal (Criminal Division) | Yes | [2006] EWCA Crim 256 | England and Wales | Discussed how the court deals with offences to be taken into consideration. |
| Public Prosecutor v Chow Yee Sze | High Court | Yes | [2011] 1 SLR 481 | Singapore | Stated that charges taken into consideration have the general effect of enhancing punishment. |
| PP v Mok Ping Wuen Maurice | High Court | Yes | [1998] 3 SLR(R) 439 | Singapore | Discussed the effect of taking charges into consideration for sentencing. |
| Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Mentioned that offenders who abused a position of authority to satisfy their sexual urges would be met with harsh penal consequences. |
| Meeran bin Mydin v PP | High Court | Yes | [1998] 1 SLR(R) 522 | Singapore | Discussed general deterrence. |
| PP v NF | High Court | Yes | [2006] 4 SLR(R) 849 | Singapore | Stated that courts would send an unequivocal message to sex offenders who abuse a relationship or position of authority. |
| Lim Hock Hin Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 1 SLR(R) 37 | Singapore | Explained that offences against vulnerable children are particularly serious. |
| Public Prosecutor v Raffi Bin Jelan and Another | High Court | Yes | [2004] SGHC 120 | Singapore | Sentencing policy dictates that an offender who commits an offence against a vulnerable victim ought to be more severely dealt with by the court. |
| Public Prosecutor v Firdaus bin Abdullah | Court of Appeal | Yes | [2010] 3 SLR 225 | Singapore | The gravity of the offence would be increased in cases involving vulnerable victims. |
| PP v B | High Court | Yes | [1999] 3 SLR(R) 227 | Singapore | Leading case in Singapore involving the rape of vulnerable victims. |
| Public Prosecutor v YD | High Court | Yes | [2009] 1 SLR(R) 261 | Singapore | Sentencing precedent for statutory rape and carnal intercourse. |
| Public Prosecutor v AHB | High Court | Yes | [2010] SGHC 138 | Singapore | Sentencing precedent for outrage of modesty, carnal intercourse, rape, sexual penetration, and possession of obscene films. |
| Knight Glenn Jeyasingam v Public Prosecutor | High Court | Yes | [1992] 1 SLR (R) 523 | Singapore | The High Court took into account as a mitigating factor the appellant’s distinguished record of public service and service to the community in the education sector. |
| Siah Ooi Choe v Public Prosecutor | High Court | Yes | [1988] 1 SLR (R) 309 | Singapore | The High Court took into account as a mitigating factor the appellant’s contributions to community work and development. |
| Maideen Pillai v Public Prosecutor | Court of Appeal | Yes | [1995] 3 SLR(R) 706 | Singapore | The sentencing court will bear in mind at all times the second limb of the totality principle, that is, the need to avoid an aggregate sentence so harsh as to be ‘crushing’ in its effect on the offender. |
| Teo Kian Leong v Public Prosecutor | High Court | Yes | [2002] 1 SLR(R) 386 | Singapore | No single consideration can conclusively determine the proper sentence and, in arriving at the proper sentence, the court must balance many factors, sometimes rejecting some. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376(4)(b) | Singapore |
| Penal Code s323 | Singapore |
| Penal Code s 354(2) | Singapore |
| Penal Code s375(2) | Singapore |
| Penal Code s 506 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 307(1) | Singapore |
| Criminal Procedure Code s 328 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Step-daughter
- Sexual abuse
- Physical abuse
- Rape
- Sexual penetration
- Outrage of modesty
- Voluntarily causing hurt
- Criminal intimidation
- Vulnerable victim
- Premeditation
- Remorse
- Deterrent sentence
15.2 Keywords
- Rape
- Sexual assault
- Child abuse
- Sentencing
- Singapore
- Criminal law
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences
- Family Law
17. Areas of Law
- Criminal Law
- Sexual Offences
- Penal Code
- Sentencing