Muhammad Sutarno bin Nasir v Public Prosecutor: Aggravated Rape, House-breaking, Drug Possession Sentencing
Muhammad Sutarno bin Nasir appealed against the High Court's sentence for aggravated rape, house-breaking by night with theft, and possession of diamorphine. The Court of Appeal, comprising Sundaresh Menon CJ, Andrew Phang Boon Leong JA, and Quentin Loh J, delivered the judgment on 2018-07-30. The court found the original sentence manifestly excessive, and reduced the aggregate sentence to 19 years’ imprisonment and 18 strokes of the cane.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against sentence for aggravated rape, house-breaking, and drug possession. The court reduced the aggregate sentence to 19 years' imprisonment and 18 strokes of the cane.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Allowed in Part | Partial | Charlene Tay Chia of Attorney-General’s Chambers Nicholas Lai of Attorney-General’s Chambers |
| Muhammad Sutarno bin Nasir | Appellant | Individual | Appeal Allowed in Part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Judge of Appeal | No |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Charlene Tay Chia | Attorney-General’s Chambers |
| Nicholas Lai | Attorney-General’s Chambers |
4. Facts
- The appellant broke into the victim's home at night.
- The appellant punched the victim several times.
- The appellant raped the victim.
- The appellant stole items from the victim's home.
- The appellant possessed diamorphine.
- The victim suffered psychological trauma and physical injuries, including lesions suggestive of acute bleeding in the brain.
- The victim was diagnosed with post-traumatic stress disorder.
5. Formal Citations
- Muhammad Sutarno bin Nasir v Public Prosecutor, Criminal Appeal No 60 of 2017, [2018] SGCA 43
6. Timeline
| Date | Event |
|---|---|
| House-breaking by night with theft at a post office | |
| House-breaking by night at a café | |
| Diamorphine found at café | |
| Aggravated rape and house-breaking | |
| Arrest made | |
| Judgment delivered |
7. Legal Issues
- Sentencing
- Outcome: The court reduced the sentence for the rape charge to 14 years and 18 strokes of the cane and the sentence for the possession charge back to the statutorily-prescribed minimum of two years’ imprisonment.
- Category: Substantive
- Sub-Issues:
- Totality principle
- Rule against double counting
- Related Cases:
- [2017] 2 SLR 449
- [2017] 2 SLR 68
- [2018] SGHC 148
- [2014] 2 SLR 998
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Aggravated Rape
- House-breaking by night with theft
- Possession of Diamorphine
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Laid down the sentencing framework for rape offences. |
| Public Prosecutor v Ravindran Annamalai | High Court | No | [2013] SGHC 77 | Singapore | Cited as an example of a case within the middle to upper reaches of Band 2 for rape sentencing. |
| Public Prosecutor v BNN | High Court | No | [2014] SGHC 7 | Singapore | Cited as an example of a case within the middle to upper reaches of Band 2 for rape sentencing. |
| Public Prosecutor v Mohamed Fadzli bin Abdul Rahim | High Court | No | [2008] SGHC 177 | Singapore | Cited as an example of a case within the middle to upper reaches of Band 2 for rape sentencing. |
| Chang Kar Meng v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 68 | Singapore | Cited for the principle that offenders who plead guilty to sexual offences should be given some credit. |
| Public Prosecutor v Raveen Balakrishnan | High Court | Yes | [2018] SGHC 148 | Singapore | Cited for the principle that a factor fully taken into account at one stage in the sentencing analysis should not feature at another stage and for the aggregation principle. |
| Mohamed Shouffee bin Adam v PP | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited for the principle that distinct offences should be punished separately with consecutive sentences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 375(3)(a)(i) | Singapore |
| Penal Code s 457 | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 8(a) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) s 33(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 307(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Aggravated rape
- House-breaking
- Diamorphine
- Sentencing
- Totality principle
- Consecutive sentences
- Concurrent sentences
- Mitigating factors
- Aggravating factors
15.2 Keywords
- aggravated rape
- house-breaking
- drug possession
- sentencing
- criminal appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Criminal Law | 70 |
| Misuse of Drugs Act | 60 |
| Penal Code | 60 |
| Murder | 50 |
16. Subjects
- Criminal Law
- Sentencing