PP v Tan Meng Soon Bernard: Sexual Assault by Penetration of a Minor
In Public Prosecutor v Tan Meng Soon Bernard, the High Court of Singapore sentenced Bernard Tan Meng Soon to 26 years' imprisonment and 24 strokes of the cane after he pleaded guilty to five charges of sexual assault by penetration of a minor. The court considered 20 other charges for sentencing. The primary legal issue was the appropriate sentence for sexual assault by penetration of a minor, considering aggravating factors like the victims' youth and abuse of trust.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Accused sentenced to 26 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
Bernard Tan Meng Soon was convicted of sexual assault by penetration of a minor. The court sentenced him to 26 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 | James Chew of Attorney-General’s Chambers David Khoo of Attorney-General’s Chambers |
| Bernard Tan Meng Soon | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| James Chew | Attorney-General’s Chambers |
| David Khoo | Attorney-General’s Chambers |
| Wee Hong Shern | Ong & Co LLC |
4. Facts
- The accused pleaded guilty to five charges of sexual assault by penetration of a minor.
- The victims were all under 14 years of age.
- The accused was a football coach and abused his position of trust.
- The accused actively recruited young boys to his team.
- The accused committed the offences from May to September 2015.
- The accused performed fellatio on the boys at various locations.
- The accused took photographs and videos of himself in the act.
5. Formal Citations
- Public Prosecutor v Tan Meng Soon Bernard, Criminal Case No 92 of 2017, [2018] SGHC 134
6. Timeline
| Date | Event |
|---|---|
| Accused first remanded | |
| Accused arrested | |
| Police report lodged | |
| Hearing date | |
| Judgment issued |
7. Legal Issues
- Appropriate Sentence for Sexual Assault by Penetration of a Minor
- Outcome: The court determined that a sentence of 13 years' imprisonment and 12 strokes of the cane for each of the five charges, with two sentences running consecutively, was appropriate.
- Category: Substantive
- Sub-Issues:
- Abuse of trust
- Victim vulnerability
- Premeditation
- Paedophilia
- Related Cases:
- [2017] 2 SLR 449
- [2017] 2 SLR 1015
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Sexual Assault by Penetration
10. Practice Areas
- Criminal Law
- Sexual Assault
- Sentencing Guidelines
11. Industries
- Sports
- Recreation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kean Meng Terence v PP | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing framework for rape under s 375 of the Penal Code. |
| Pram Nair v PP | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing framework for digital penetration under s 376(2)(a) of the Penal Code. |
| PP v BAB | Court of Appeal | Yes | [2017] 1 SLR 292 | Singapore | Cited for laying down starting points for ss 376A(2) and (3) of the Penal Code. |
| AQW v PP | High Court | Yes | [2015] 4 SLR 150 | Singapore | Cited for setting the starting point for fellatio under s 376A(2) of the Penal Code. |
| Adam bin Darsin v PP | Court of Appeal | Yes | [2001] 1 SLR(R) 709 | Singapore | Cited for drawing a distinction between different sexual acts in terms of severity. |
| PP v BMD | High Court | Yes | [2013] SGHC 235 | Singapore | Cited for putting fellatio and penile-anal penetration on the same footing. |
| PP v Goh Jun Guan | High Court | Yes | [2017] SGHC 2 | Singapore | Cited for emphasizing the gravity where multiple crimes were committed against multiple victims. |
| Lim Hock Hin Kelvin v PP | Court of Appeal | Yes | [1998] 1 SLR(R) 37 | Singapore | Cited for the principle that the safety of the child must be paramount in paedophilic offences. |
| Chen Weixiong Jerriek v PP | High Court | Yes | [2003] 2 SLR(R) 334 | Singapore | Cited for the principle that a court may decline to consider an offender a first-time offender if that person had been charged with multiple offences. |
| Lai Oei Mui Jenny v PP | High Court | Yes | [1993] 2 SLR(R) 406 | Singapore | Cited for the principle that hardship to the accused's family is not normally considered for sentencing. |
| Mohamed Shouffee bin Adam v PP | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited for elucidating the totality principle in sentencing. |
| PP v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the need for general deterrence where offences have been committed against several vulnerable victims. |
| ADF v PP | High Court | Yes | [2010] 1 SLR 874 | Singapore | Cited for considering whether more than two sentences ought to run consecutively. |
| Doe v Regina | Supreme Court of New South Wales | Yes | [2013] NSWCCA 248 | Australia | Cited for the principle that it is erroneous to attempt to rank forms of forced sexual intercourse in some hierarchy so as to determine their objective seriousness. |
| R v Hajar | Alberta Court of Appeal | Yes | [2016] ABCA 222 | Canada | Cited for the starting point for major sexual interference and major sexual assault. |
| R v Arcand | Alberta Court of Appeal | Yes | [2010] AJ No 1383 | Canada | Cited for the objectives of parity, rank order and the spacing of penalties necessary in ensuring ordinal proportionality. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(4)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(1)(c) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(3) | Singapore |
| Films Act (Cap 107, 1998 Rev Ed) s 30(1) | Singapore |
| Miscellaneous Offences (Public Order and Nuisance) Act (Cap 184, 1997 Rev Ed) s 35(1) | Singapore |
| Penal Code s 411(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 307 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 328(6) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual assault
- Penetration
- Minor
- Paedophilia
- Abuse of trust
- Sentencing framework
- General deterrence
- Consecutive sentences
15.2 Keywords
- Sexual assault
- Penetration
- Minor
- Paedophilia
- Football coach
- Singapore
- Criminal law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Sexual Offences | 95 |
| Penal Code | 90 |
| Criminal Procedure | 70 |
| Sentencing Guidelines | 60 |
| Prevention of Human Trafficking Act | 10 |
16. Subjects
- Criminal Law
- Sexual Offences
- Sentencing