Public Prosecutor v BDB: Sentencing for Voluntarily Causing Grievous Hurt and Ill-treatment of Child
In Public Prosecutor v BDB, the High Court of Singapore sentenced BDB to eight years' imprisonment after she pleaded guilty to two charges of voluntarily causing grievous hurt under section 325 of the Penal Code and two charges of ill-treatment of a child under section 5(1) of the Children and Young Persons Act. The charges related to incidents involving her four-year-old son, who later died. The court considered mitigating factors such as the accused's psychiatric condition, inability to cope with stressors, and remorse.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to a total term of imprisonment of eight years.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
BDB pleaded guilty to voluntarily causing grievous hurt and ill-treatment of her child. The High Court sentenced her to eight years' imprisonment.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Appeal filed against the sentence | Other | April Phang, Marshall Lim, Soh Weiqi |
| BDB | Defendant | Individual | Imprisonment | Lost | Sunil Sudheesan, Diana Ngiam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| April Phang | Attorney-General’s Chambers |
| Marshall Lim | Attorney-General’s Chambers |
| Soh Weiqi | Attorney-General’s Chambers |
| Sunil Sudheesan | Quahe Woo & Palmer LLC |
| Diana Ngiam | Quahe Woo & Palmer LLC |
4. Facts
- The accused pleaded guilty to voluntarily causing grievous hurt to her biological son.
- The accused pushed the deceased, causing him to hit his head on the floor.
- The accused stepped on the deceased's knees multiple times.
- The accused choked the deceased, causing him to gasp for air.
- The deceased was found to have multiple bruises and injuries.
- The deceased died from a head injury caused by blunt force trauma.
- The accused admitted to feeling stressed about financial problems when she pushed the deceased.
5. Formal Citations
- Public Prosecutor v BDB, Criminal Case No 20 of 2016, [2016] SGHC 221
6. Timeline
| Date | Event |
|---|---|
| Bedok Police Division Headquarters received information from Kandang Kerbau Women’s and Children’s Hospital. | |
| The deceased passed away. | |
| Autopsy conducted on the deceased. | |
| Accused pleaded guilty to four charges. | |
| Accused sentenced to a total term of imprisonment of eight years. | |
| Grounds of decision given. |
7. Legal Issues
- Voluntarily Causing Grievous Hurt
- Outcome: The court imposed a sentence of seven years' imprisonment for the first charge and two years' imprisonment for the sixth charge.
- Category: Substantive
- Ill-treatment of a Child
- Outcome: The court sentenced the accused to imprisonment for one year in respect of the fourth charge and six months’ imprisonment for the third charge.
- Category: Substantive
- Mitigating Factors in Sentencing
- Outcome: The court considered the accused's psychiatric condition, inability to cope, and remorse as mitigating factors.
- Category: Procedural
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Voluntarily Causing Grievous Hurt
- Ill-treatment of a Child
10. Practice Areas
- Criminal Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Firdaus bin Abdullah | High Court | Yes | [2010] 3 SLR 225 | Singapore | Cited as a precedent for sentencing in cases involving voluntarily causing grievous hurt and ill-treatment of a child. |
| Public Prosecutor v AFR | Court of Appeal | Yes | [2011] 3 SLR 833 | Singapore | Cited and distinguished regarding the relevance of financial or social problems as mitigating factors in cases of child abuse leading to death. |
| Public Prosecutor v Chong Hou En | High Court | Yes | [2015] 3 SLR 222 | Singapore | Cited regarding the mitigating value of mental disorders in sentencing. |
| Public Prosecutor v Law Aik Meng | Unknown | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the sentencing principles of specific and general deterrence. |
| Tan Kay Beng v Public Prosecutor | Unknown | Yes | [2006] 4 SLR(R) 10 | Singapore | Cited regarding the application of deterrence as a sentencing principle. |
| Sim Gek Yong v Public Prosecutor | Unknown | Yes | [1995] 1 SLR(R) 185 | Singapore | Cited regarding the accused's remorse as demonstrated by her plea of guilt. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 325 | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 5(1) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 5(5)(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Voluntarily causing grievous hurt
- Ill-treatment of a child
- Mitigating factors
- Sentencing principles
- Personality aberrations
- Inability to cope
- Remorse
15.2 Keywords
- grievous hurt
- ill-treatment
- child
- sentencing
- Singapore
- criminal law
16. Subjects
- Criminal Law
- Sentencing
- Child Abuse
17. Areas of Law
- Criminal Procedure
- Sentencing
- Ill-treatment of Child