PP v BMF: Sexual Assault, Outrage of Modesty & Sentencing
In Public Prosecutor v BMF, the High Court of Singapore sentenced BMF to 15 years' imprisonment and 24 strokes of the cane after he pleaded guilty to one charge of sexual assault by penetration of a person under 14 years of age and two charges of aggravated outrage of modesty against his stepdaughter. The court considered the aggravating factors, sentencing precedents, and submissions from both the Prosecution and Defence.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 15 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
BMF was convicted of sexual assault and outrage of modesty against his stepdaughter. The court sentenced him to 15 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 | Kavita Uthrapathy of Attorney-General’s Chambers Amanda Han of Attorney-General’s Chambers |
| BMF | Defendant | Individual | Defendant convicted and sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kavita Uthrapathy | Attorney-General’s Chambers |
| Amanda Han | Attorney-General’s Chambers |
| Skandarajah s/o Selvarajah | S Skandarajah & Co |
| Sudeep Kumar | S K Kumar Law Practice LLP |
4. Facts
- The accused is the victim’s stepfather.
- The victim was between 8 and 9 years old at the time of the offences.
- The offences occurred in the bedroom while everyone else was asleep.
- The accused engaged in sexual activities with the victim, including fellatio.
- The victim pretended to be asleep during the sexual assaults.
- The victim revealed the sexual assault after an incident in October 2016.
- The accused was diagnosed with paedophilia.
5. Formal Citations
- Public Prosecutor v BMF, Criminal Case No 88 of 2017, [2019] SGHC 227
6. Timeline
| Date | Event |
|---|---|
| Accused married the victim’s mother | |
| Sexual assaults began | |
| Victim revealed the sexual assault | |
| Police report lodged and accused arrested | |
| Criminal Case No 88 of 2017 filed | |
| First fixed date for plea of guilt | |
| Accused remanded | |
| Accused pleaded guilty | |
| Mitigation and sentencing hearing | |
| Judgment issued | |
| Grounds of decision issued |
7. Legal Issues
- Sexual Assault by Penetration
- Outcome: The court found the accused guilty of sexual assault by penetration.
- Category: Substantive
- Sub-Issues:
- Age of victim
- Abuse of trust
- Premeditation
- Related Cases:
- [2017] 2 SLR 449
- [2017] 2 SLR 1015
- Aggravated Outrage of Modesty
- Outcome: The court found the accused guilty of aggravated outrage of modesty.
- Category: Substantive
- Sub-Issues:
- Vulnerability of victim
- Degree of sexual exploitation
- Abuse of trust
- Premeditation
- Sentencing
- Outcome: The court sentenced the accused to 15 years’ imprisonment and 24 strokes of the cane.
- Category: Procedural
- Sub-Issues:
- Aggravating factors
- Mitigating factors
- Judicial mercy
- Related Cases:
- [2016] 2 SLR 78
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Sexual Assault by Penetration
- Aggravated Outrage of Modesty
10. Practice Areas
- Criminal Law
- Sentencing
- Sexual Assault
- Outrage of Modesty
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 | Established a two-step sentencing framework for the offence of rape, involving the use of sentencing bands. |
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Transposed the two-step sentencing framework in Terence Ng to the offence of digital penetration. |
| Public Prosecutor v Bernard Tan Meng Soon | High Court | Yes | [2019] 3 SLR 1146 | Singapore | Applied the conceptual frame and factors approach of Pram Nair to fellatio offences as a useful reference point. |
| Public Prosecutor v BVZ | High Court | Yes | [2019] SGHC 83 | Singapore | Applied the conceptual frame and factors approach of Pram Nair to fellatio offences as a useful reference point. |
| Public Prosecutor v Ridhaudin Ridhwan bin Bakri and others | High Court | Yes | [2019] SGHC 191 | Singapore | Applied the conceptual frame and factors approach of Pram Nair to fellatio offences as a useful reference point. |
| Ng Jun Xian v Public Prosecutor | High Court | Yes | [2017] 3 SLR 933 | Singapore | Cited as an example of premeditation in sexual offences. |
| Public Prosecutor v Lee Ah Choy | High Court | Yes | [2016] 4 SLR 1300 | Singapore | Cited as an example of premeditation in sexual offences. |
| Public Prosecutor v Sim Wei Liang Benjamin | High Court | Yes | [2015] SGHC 240 | Singapore | Cited as an example of premeditation in sexual offences. |
| Public Prosecutor v BNO | High Court | Yes | [2018] SGHC 243 | Singapore | Cited as an example of premeditation in sexual offences. |
| Public Prosecutor v BMR | High Court | Yes | [2019] 3 SLR 270 | Singapore | Cited regarding the level of severity of harm to the victim as an aggravating factor. |
| Public Prosecutor v Ong Soon Heng | High Court | Yes | [2018] SGHC 58 | Singapore | Cited regarding the level of severity of harm to the victim as an aggravating factor. |
| Lim Hock Hin Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 1 SLR(R) 37 | Singapore | Cited regarding the social danger of paedophilic offences and the propensity to reoffend. |
| Public Prosecutor v UI | High Court | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited regarding the absence of violence not amounting to a mitigating factor. |
| Public Prosecutor v Leong Wai Nam | High Court | Yes | [2010] 2 SLR 284 | Singapore | Cited regarding a clean record having limited mitigating value when an accused person is convicted of a string of offences committed over a spectrum of time. |
| Chang Kar Meng v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 68 | Singapore | Cited regarding the benefit of a plea of guilt in sexual offences. |
| Public Prosecutor v BSR | High Court | Yes | [2019] SGHC 64 | Singapore | Cited as a comparison case for sentencing in sexual assault by penetration offences. |
| Public Prosecutor v AEY | High Court | Yes | [2010] SGHC 3 | Singapore | Cited as a comparison case for sentencing in sexual assault by penetration offences. |
| Luong Thi Trang Hoang Kathleen v Public Prosecutor | Court of Appeal | Yes | [2010] 1 SLR 707 | Singapore | Cited regarding the danger of placing undue reliance on unreported cases. |
| Keeping Mark John v Public Prosecutor | Court of Appeal | Yes | [2017] 5 SLR 627 | Singapore | Cited regarding sentencing precedents without grounds or explanations being of relatively little precedential value. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited regarding the totality principle in sentencing. |
| Chew Soo Chun v Public Prosecutor and another appeal | High Court | Yes | [2016] 2 SLR 78 | Singapore | Set out the principles concerning judicial mercy. |
| Gan Chai Bee Anne v Public Prosecutor | High Court | Yes | [2019] SGHC 42 | Singapore | Cited regarding premeditation demonstrating a high degree of conscious choice and enlivening the need for a sentence that specifically deters the offender from repeating such conduct. |
| Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited regarding premeditation demonstrating a high degree of conscious choice and enlivening the need for a sentence that specifically deters the offender from repeating such conduct. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(4)(b) | Singapore |
| Penal Code s 354(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual assault
- Outrage of modesty
- Fellatio
- Stepfather
- Paedophilia
- Sentencing
- Aggravated outrage of modesty
- Sexual penetration
- Abuse of trust
- Premeditation
15.2 Keywords
- Sexual assault
- Outrage of modesty
- Sentencing
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Criminal Law | 90 |
| Outrage of Modesty | 90 |
| Sentencing | 85 |
| Criminal Procedure | 85 |
| Fellatio | 80 |
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences