Public Prosecutor v AUB: Father Sentenced for Sexual Assault of Daughter
In Public Prosecutor v AUB, the High Court of Singapore sentenced AUB to 12 years' imprisonment and 12 strokes of the cane for sexual assault by penetration and 1 year imprisonment for committing an obscene act against his biological daughter, V. The offences occurred in 2012 and 2013. The court considered a third charge during sentencing. The court emphasized the severity of the crimes, highlighting the breach of trust and the vulnerability of the victim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to 12 years’ imprisonment and 12 strokes of the cane for the first charge and to 1 year’s imprisonment in respect of the second charge. Both imprisonment terms to run consecutively.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
AUB was sentenced to 12 years' imprisonment and 12 strokes of the cane for sexual assault and an obscene act against his daughter. The High Court emphasized the severity of the crimes.
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 | David Khoo of Attorney-General’s Chambers Joshua Lim of Attorney-General’s Chambers |
| AUB | Defendant | Corporation | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Khoo | Attorney-General’s Chambers |
| Joshua Lim | Attorney-General’s Chambers |
| Amarjit Singh | Gloria James-Civetta & Co |
| Javern Sim | Gloria James-Civetta & Co |
4. Facts
- The accused sexually assaulted his biological daughter.
- The victim was under 14 years old at the time of the offences.
- The sexual assault by penetration involved the accused inserting his middle finger into the victim's vagina.
- The obscene act involved the accused touching and rubbing the victim's vagina with his hand.
- The accused sent Facebook messages to the victim attempting to influence her to drop the case.
- The victim was found to have an old hymen tear.
- The victim was engaging in self-cutting behavior due to emotional distress.
5. Formal Citations
- Public Prosecutor v AUB, Criminal Case No 30 of 2015, [2015] SGHC 166
6. Timeline
| Date | Event |
|---|---|
| Victim's date of birth | |
| First charge of sexual assault by penetration occurred | |
| Third charge of committing an obscene act occurred | |
| Second charge of committing an obscene act occurred | |
| Victim approached social worker | |
| Police report lodged | |
| Accused arrested | |
| Accused released on police bail | |
| Medical examination of victim | |
| Accused sent private message to victim on Facebook | |
| Accused sent private message to victim on Facebook | |
| Report from Child Guidance Clinic on victim | |
| Victim's medical report | |
| Accused charged in court and remanded | |
| Decision Date |
7. Legal Issues
- Sexual Assault by Penetration
- Outcome: The accused was found guilty and sentenced to 12 years’ imprisonment and 12 strokes of the cane.
- Category: Substantive
- Obscene Act
- Outcome: The accused was found guilty and sentenced to 1 year’s imprisonment.
- Category: Substantive
- Consecutive vs Concurrent Sentencing
- Outcome: The court ordered the imprisonment terms for the two charges to run consecutively.
- Category: Procedural
- Related Cases:
- [2014] 2 SLR 998
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Sexual Assault by Penetration
- Obscene Act
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v BNN | High Court | Yes | [2014] SGHC 7 | Singapore | Cited for the principle that sexual penetration with a finger is a vicious violation of the female body. |
| GAJ v Public Prosecutor | High Court | Yes | [2015] SGHC 134 | Singapore | Cited for the principle that the highest end of the sentencing scale is reserved for cases in which the minor is particularly vulnerable and where the offender has exploited the minor to a significant degree. |
| PP v NF | High Court | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited for the four broad categories of rape offences and the benchmark sentence for each of them. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Unknown | Yes | [2014] 2 SLR 998 | Singapore | Cited for the one-transaction rule, stating that consecutive sentences are not appropriate if the various offences involve a single invasion of the same legally protected interest. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) section 376(2)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(4)(b) | Singapore |
| Children and Young Person’s Act (Cap 38, 2001 Rev Ed) section 7(a) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual assault
- Penetration
- Obscene act
- Child abuse
- Abuse of trust
- Vulnerable victim
- Consecutive sentencing
- Deterrent sentence
15.2 Keywords
- sexual assault
- child abuse
- father
- daughter
- singapore
- criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Criminal Law | 90 |
| Children and Young Persons Act | 70 |
| Children's Welfare | 60 |
| Sentencing | 50 |
| Family Law | 30 |
| Evidence | 30 |
16. Subjects
- Criminal Law
- Family Law