Public Prosecutor v BQW: Sexual Assault by Penetration and Sentencing
In Public Prosecutor v BQW, the High Court of Singapore sentenced BQW to 20 years' imprisonment for multiple counts of sexual assault by penetration against a minor. BQW, a delivery driver, abused his position of trust to commit the offences. The court considered the vulnerability of the victim, the abuse of trust, and the persistent nature of the offences when determining the sentence. The Prosecution appealed the decision on the sentence.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Accused convicted and sentenced to 20 years' imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
BQW was convicted of multiple sexual offences against a minor. The court sentenced him to 20 years' imprisonment, considering the aggravating factors and his guilty plea.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Successful Prosecution | Won | David Khoo, N K Anitha |
| BQW | Defendant | Individual | Convicted and Sentenced | Lost | Wee Hong Shern |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Khoo | Attorney-General’s Chambers |
| N K Anitha | Attorney-General’s Chambers |
| Wee Hong Shern | Ong & Co LLC |
4. Facts
- BQW committed multiple sexual offences against the victim.
- The victim was under 14 years of age when the offences were committed.
- The offences occurred between September 2015 and December 2016.
- BQW was a delivery driver for a restaurant owned by the victim's grandfather.
- BQW abused his position of trust to commit the offences.
- The offences involved digital penetration of the victim's vagina and obscene acts.
- BQW showed the victim a pornographic video on his mobile phone.
5. Formal Citations
- Public Prosecutor v BQW, Criminal Case No 91 of 2017, [2018] SGHC 136
6. Timeline
| Date | Event |
|---|---|
| BQW hired as delivery driver. | |
| First sexual offence committed. | |
| Victim's family moved out of grandfather's residence. | |
| BQW showed pornographic video to the Victim and committed another sexual offence. | |
| Police report lodged. | |
| BQW was remanded. | |
| Grounds of Decision delivered in PP v BMR. | |
| Judgment date. | |
| Judgment date. |
7. Legal Issues
- Sexual Assault by Penetration
- Outcome: The court found the defendant guilty of sexual assault by penetration.
- Category: Substantive
- Sentencing for Sexual Offences
- Outcome: The court determined the appropriate sentence based on the sentencing bands established in Pram Nair.
- Category: Procedural
8. Remedies Sought
- Criminal Prosecution
- Imprisonment
9. Cause of Actions
- Sexual Assault by Penetration
- Obscene Acts
10. Practice Areas
- Criminal Law
- Sexual Assault
- Sentencing Guidelines
11. Industries
- Food and Beverage
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing framework for sexual penetration offences. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the two-step approach to sentencing. |
| PP v BMR | High Court | Yes | [2018] SGHC 89 | Singapore | Cited for comparison of aggravating factors in sexual offences. |
| Public Prosecutor v Ong Soon Heng | High Court | Yes | [2018] SGHC 58 | Singapore | Cited regarding the threshold for psychological or physical harm as an aggravating factor. |
| Amin bin Abdullah v PP | Court of Appeal | Yes | [2017] 5 SLR 904 | Singapore | Cited regarding the minimum term of imprisonment. |
| PP v UI | Court of Appeal | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited regarding the availability of remission for good behaviour. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 376(2)(a) of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 376(4)(b) of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) | Singapore |
| s 7(a) of the Children and Young Persons Act (Cap 38, 2001 Rev Ed) | Singapore |
| s 293 of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual Assault
- Digital Penetration
- Obscene Act
- Sentencing
- Abuse of Trust
- Vulnerability
- General Deterrence
- Specific Deterrence
- Pornographic Video
15.2 Keywords
- sexual assault
- penetration
- minor
- sentencing
- criminal law
16. Subjects
- Criminal Law
- Sexual Offences
- Sentencing
17. Areas of Law
- Criminal Law
- Sexual Offences
- Criminal Procedure
- Sentencing