Public Prosecutor v Sim Wei Liang Benjamin: Statutory Rape, Sexual Penetration, and Offences Against Children
In Public Prosecutor v Sim Wei Liang Benjamin, the High Court of Singapore sentenced Sim Wei Liang Benjamin for multiple offences against four young female victims. The charges included statutory rape, aggravated sexual penetration, procurement of an obscene act, and possession of a film without a valid certificate. The court sentenced the accused to imprisonment and caning, ordering some of the imprisonment terms to run consecutively.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to imprisonment and caning.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Sim Wei Liang Benjamin was sentenced for multiple offences against young girls, including statutory rape and sexual penetration. The High Court sentenced him to imprisonment and caning.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentenced to imprisonment and caning | Won | Zhong Zewei of Attorney-General’s Chambers Sean Lee of Attorney-General’s Chambers |
| Sim Wei Liang Benjamin | Defendant | Individual | Sentenced to imprisonment and caning | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Zhong Zewei | Attorney-General’s Chambers |
| Sean Lee | Attorney-General’s Chambers |
| Edmond Pereira | Edmond Pereira Law Corporation |
| Vickie Tan | Edmond Pereira Law Corporation |
4. Facts
- The accused befriended four young girls via Facebook using a false identity.
- The accused engaged in sexual acts with the victims, including statutory rape and aggravated sexual penetration.
- The accused procured naked photographs from one of the victims.
- The accused possessed a video film without a valid certificate.
- The victims were between 11 and 13 years old at the time of the offences.
- The accused gave the victims money and mobile phones.
- The offences occurred in the accused's home, a shopping mall, and a taxi.
5. Formal Citations
- Public Prosecutor v Sim Wei Liang Benjamin, Criminal Case No 35 of 2015, [2015] SGHC 240
6. Timeline
| Date | Event |
|---|---|
| Accused born | |
| Accused procured an obscene act by V1 | |
| Aggravated sexual penetration of V2 occurred | |
| V2 added the accused as a friend on Facebook | |
| V4 sent the accused a video film | |
| Statutory rape against V2 occurred | |
| Aggravated sexual penetration of V2 occurred | |
| Mother of V1 and V2 discovered the handphone given to V2 | |
| Police report lodged | |
| Statutory rape against V3 occurred | |
| Aggravated sexual penetration of V3 occurred | |
| Obscene act committed on V3 | |
| Accused arrested | |
| Accused charged in court | |
| Decision Date |
7. Legal Issues
- Statutory Rape
- Outcome: The accused was found guilty of statutory rape.
- Category: Substantive
- Related Cases:
- [2006] 4 SLR(R) 849
- Aggravated Sexual Penetration
- Outcome: The accused was found guilty of aggravated sexual penetration.
- Category: Substantive
- Related Cases:
- [2015] 3 SLR 297
- Procurement of an Obscene Act
- Outcome: The accused was found guilty of procuring an obscene act.
- Category: Substantive
- Possession of Film Without Valid Certificate
- Outcome: The accused was found guilty of possessing a film without a valid certificate.
- Category: Substantive
- Sentencing Principles
- Outcome: The court considered the principles of deterrence, retribution, and prevention of crime in determining the appropriate sentence.
- Category: Procedural
- Related Cases:
- [2014] 2 SLR 998
8. Remedies Sought
- Imprisonment
- Caning
- Fine
9. Cause of Actions
- Statutory Rape
- Aggravated Sexual Penetration
- Procuring Obscene Act
- Possession of Film Without Valid Certificate
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v NF | High Court | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited for the classification of rape offences. |
| Public Prosecutor v Yap Weng Wah | High Court | Yes | [2015] 3 SLR 297 | Singapore | Cited to suggest a sentence for penis-mouth penetration. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited for the principles of sentencing. |
| AQW v Public Prosecutor | High Court | Yes | [2015] SGHC 134 | Singapore | Cited regarding sentencing for CYPA charges and penetration offences. |
| Public Prosecutor v Qiu Shuihua | High Court | Yes | [2015] 3 SLR 949 | Singapore | Cited regarding sentencing for penetration offences. |
| Public Prosecutor v Ng Kean Meng Terence | High Court | Yes | [2015] SGHC 164 | Singapore | Cited regarding sentencing for penetration offences. |
| Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik | Court of Appeal | Yes | [2008] 1 SLR(R) 601 | Singapore | Cited for approving the benchmarks in PP v NF. |
| Public Prosecutor v UI | Court of Appeal | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited for approving the benchmarks in PP v NF. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) Section 375(1)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) Section 375(2) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 7 | Singapore |
| Penal Code s 376A(1)(b) | Singapore |
| Penal Code s 376A(3) | Singapore |
| Penal Code s 376A(1)(a) | Singapore |
| Films Act (Cap 107, 1998 Rev Ed) s 21(1)(a) | Singapore |
| Films Act (Cap 107, 1998 Rev Ed) s 21(1)(i) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Statutory Rape
- Aggravated Sexual Penetration
- Obscene Act
- Films Act
- Paedophile
- Victim Impact Statement
- Consecutive Imprisonment
- Mitigation Plea
15.2 Keywords
- statutory rape
- sexual penetration
- child abuse
- internet grooming
- sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 90 |
| Criminal Law | 90 |
| Child Abuse and Neglect | 90 |
| Children and Young Persons Act | 90 |
| Sentencing | 70 |
| Criminal Procedure | 60 |
| Children's Welfare | 50 |
16. Subjects
- Criminal Law
- Sexual Offences
- Child Protection