Public Prosecutor v BMR: Aggravated Statutory Rape & Sentencing
In Public Prosecutor v BMR, before the High Court of Singapore on 13 February 2018 and 17 April 2018, BMR was convicted of three charges of aggravated statutory rape against his stepdaughter. The court sentenced BMR to 14 years of imprisonment and 12 strokes of the cane for each charge, with the sentences for the 4th and 5th charges to run consecutively, resulting in an aggregate sentence of 28 years of imprisonment and 24 strokes of the cane. The court considered aggravating factors such as the abuse of trust, the victim's vulnerability, the lack of consent, deliberation, and the duration of the abuse, as well as mitigating factors such as the guilty plea.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
BMR sentenced to 14 years of imprisonment and 12 strokes of the cane for each of the 4th, 5th, and 6th charges. Sentences for the 4th and 5th charges to run consecutively.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
BMR was sentenced to 28 years' imprisonment and 24 strokes of the cane for aggravated statutory rape of his stepdaughter. The court considered aggravating and mitigating factors.
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 | Ng Yiwen of Attorney-General’s Chambers Raja Mohan of Attorney-General’s Chambers |
| BMR | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Yiwen | Attorney-General’s Chambers |
| Raja Mohan | Attorney-General’s Chambers |
4. Facts
- BMR committed multiple sexual offences against his stepdaughter over four years.
- The abuse started when the Victim was eight years old and continued until she was 12.
- BMR was between 32 and 36 years old when he committed the offences.
- BMR pleaded guilty to three charges of aggravated statutory rape.
- BMR abused his position of trust as the Victim's stepfather.
- The Victim did not consent to the sexual acts.
- BMR threatened to divorce the Victim's mother if she told anyone about the abuse.
5. Formal Citations
- Public Prosecutor v BMR, Criminal Case No 50 of 2017, [2018] SGHC 89
6. Timeline
| Date | Event |
|---|---|
| Sexual abuse of the Victim began. | |
| BMR committed outrage of modesty, sexual assault by penetration, and sexual assault by oral sex on the Victim. | |
| BMR raped the Victim for the first time. | |
| The Victim, her step-siblings, M, and BMR moved into the second flat. | |
| BMR raped the Victim for the second time. | |
| BMR raped the Victim for the third time. | |
| M found out about BMR’s sexual abuse of the Victim. | |
| The matter was reported to the police. | |
| Medical examination of the Victim took place at KK Hospital. | |
| BMR went into remand. | |
| Hearing date. | |
| Judgment date. |
7. Legal Issues
- Aggravated Statutory Rape
- Outcome: The court found BMR guilty of aggravated statutory rape.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 449
- Sentencing for Rape Offences
- Outcome: The court applied the sentencing framework from Ng Kean Meng Terence v Public Prosecutor to determine the appropriate sentence.
- Category: Procedural
- Related Cases:
- [2017] 2 SLR 449
- Aggravating Factors in Sentencing
- Outcome: The court considered aggravating factors such as abuse of trust, victim vulnerability, lack of consent, deliberation, and duration of abuse.
- Category: Procedural
- Related Cases:
- [2017] 2 SLR 449
- Mitigating Factors in Sentencing
- Outcome: The court considered the guilty plea as a mitigating factor, but gave limited weight to other factors raised by the defendant.
- Category: Procedural
- Related Cases:
- [2017] 2 SLR 449
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Aggravated Statutory Rape
- Outrage of Modesty
- Sexual Assault by Penetration
10. Practice Areas
- Criminal Procedure
- Sentencing Guidelines
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Vasentha d/o Joseph v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 122 | Singapore | Cited for the principle that a court cannot impose a sentence aimed at punishing an offender for an offence he has not been charged with. |
| Public Prosecutor v Tan Thian Earn | High Court | Yes | [2016] 3 SLR 269 | Singapore | Cited for the principle that a court cannot impose a sentence aimed at punishing an offender for an offence he has not been charged with. |
| Chong Yee Ka v Public Prosecutor | High Court | Yes | [2017] 4 SLR 309 | Singapore | Cited for the principle that a court cannot impose a sentence aimed at punishing an offender for an offence he has not been charged with. |
| Chua Siew Peng v Public Prosecutor and another appeal | High Court | Yes | [2017] 4 SLR 1247 | Singapore | Cited for the principle that a court cannot impose a sentence aimed at punishing an offender for an offence he has not been charged with, and that a fact not pertaining to a proceeded charge cannot be taken as an aggravating factor unless it bears a sufficient nexus to the charge. |
| Cheang Geok Lin v Public Prosecutor | High Court | Yes | [2018] SGHC 5 | Singapore | Cited for the principle that a court cannot impose a sentence aimed at punishing an offender for an offence he has not been charged with, and that a fact not pertaining to a proceeded charge cannot be taken as an aggravating factor unless it bears a sufficient nexus to the charge. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing framework for rape offences. |
| Public Prosecutor v Murugesan | High Court | Yes | [2005] SGHC 160 | Singapore | Cited by the Prosecution to support their submission that the harm caused in this case was an aggravating factor, but the court disagreed. |
| R v Stuckless | N/A | Yes | 127 CCC (3d) 225 | Canada | Cited by the Prosecution to support their submission that the harm caused in this case was an aggravating factor, but the court disagreed. |
| AQW v Public Prosecutor | High Court | Yes | [2015] 4 SLR 150 | Singapore | Cited by the Prosecution to support their submission that the harm caused in this case was an aggravating factor, but the court disagreed. |
| Public Prosecutor v Ong Soon Heng | High Court | Yes | [2018] SGHC 58 | Singapore | Cited for the principle that there needs to be a relatively severe state of psychological or physical harm for the court to find that there is an additional offence-specific aggravating factor. |
| Public Prosecutor v BNN | High Court | Yes | [2014] SGHC 7 | Singapore | Cited by the Prosecution to support their submission that this case fell within the upper reaches of Band 2, but the court distinguished it from the facts of the present case. |
| Public Prosecutor v AOM | High Court | Yes | [2011] 2 SLR 1057 | Singapore | Cited by the Prosecution to support their submission that this case fell within the upper reaches of Band 2. |
| Public Prosecutor v AHB | High Court | Yes | [2010] SGHC 138 | Singapore | Cited by the Prosecution to support their submission that this case fell within the upper reaches of Band 2, but the court distinguished it from the facts of the present case. |
| Chan Kar Meng v PP | Court of Appeal | Yes | [2017] 2 SLR 68 | Singapore | Cited for the principle that offenders who plead guilty to sexual offences ought ordinarily to be given at least some credit for having spared the victim additional suffering. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 354(2) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(2)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(4)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 375(1)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 375(3)(b) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 307(1) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 328(6) | Singapore |
| Penal Code s 375(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Aggravated Statutory Rape
- Sentencing Framework
- Abuse of Trust
- Victim Vulnerability
- Guilty Plea
- Mitigation Plea
- Consecutive Sentences
- Statement of Facts
- TIC Charges
15.2 Keywords
- Aggravated Statutory Rape
- Sentencing
- Child Abuse
- Singapore High Court
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 98 |
| Sentencing | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 85 |
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences
- Child Abuse