Public Prosecutor v BND: Rape Conviction Based on DNA Evidence and Unusually Convincing Testimony
In Public Prosecutor v BND, the High Court of Singapore convicted BND of two charges of rape against his biological daughter. The court, presided over by Lee Seiu Kin J, found the complainant's testimony unusually convincing and corroborated by DNA evidence. BND was sentenced to 26 years' imprisonment and 24 strokes of the cane. The primary legal issue was whether the prosecution proved beyond a reasonable doubt that the accused committed the acts of rape.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Accused convicted of both charges
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
BND was convicted of raping his daughter based on DNA evidence and her unusually convincing testimony. He received 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 | Winston Man of Attorney-General’s Chambers Chee Ee Ling of Attorney-General’s Chambers |
| BND | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Winston Man | Attorney-General’s Chambers |
| Chee Ee Ling | Attorney-General’s Chambers |
| A Revi Shanker s/o K Annamalai | ARShanker Law Chambers, Regent Law LLC |
| Mathew Kurian | ARShanker Law Chambers, Regent Law LLC |
4. Facts
- The accused was charged with two counts of raping his biological daughter.
- The complainant was 14 years old at the time of the alleged offences.
- The complainant alleged that the accused raped her eight times from November 2014 to January 2015.
- The complainant confided in her boyfriend about the sexual abuse in January 2015.
- DNA testing revealed the accused's semen on the interior crotch area of the complainant's pink shorts.
- The accused claimed the complainant fabricated the allegations due to strict discipline.
- The court found the complainant's testimony unusually convincing and corroborated by DNA evidence.
5. Formal Citations
- Public Prosecutor v BND, Criminal Case No 65 of 2017, [2019] SGHC 49
6. Timeline
| Date | Event |
|---|---|
| First rape incident occurred | |
| Second rape incident occurred | |
| School counsellor informed about sexual abuse | |
| Police report lodged and accused arrested | |
| Accused gave statement to police | |
| Trial began | |
| Trial continues | |
| Trial continues | |
| Trial continues | |
| Agreed statement of facts | |
| Trial continues | |
| Trial continues | |
| Trial continues | |
| Trial continues | |
| Prosecution's closing submissions | |
| Prosecution's bundle of authorities | |
| Trial continues | |
| Trial continues | |
| Judgment delivered |
7. Legal Issues
- Admissibility of Statements
- Outcome: The court declined to admit the contested statement as the prosecution had not proven beyond a reasonable doubt that the statement was given voluntarily.
- Category: Procedural
- Rape
- Outcome: The court found the accused guilty of rape beyond a reasonable doubt based on the complainant's testimony and DNA evidence.
- Category: Substantive
- Sentencing for Rape
- Outcome: The court sentenced the accused to 26 years' imprisonment and 24 strokes of the cane, applying the sentencing framework established in Ng Kean Meng Terence v Public Prosecutor.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 449
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Rape
10. Practice Areas
- Criminal Law
- Sexual Assault
- Sentencing Guidelines
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| AOF v Public Prosecutor | Court of Appeal | Yes | [2012] 3 SLR 34 | Singapore | Cited for the principle that in sexual offence cases, the complainant's evidence must be 'unusually convincing' to overcome lack of corroboration. |
| Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik | High Court | Yes | [2008] 1 SLR(R) 601 | Singapore | Cited for the definition of 'unusually convincing' testimony. |
| Haliffie bin Mamat v Public Prosecutor and other appeals | High Court | Yes | [2016] 5 SLR 636 | Singapore | Cited for relevant considerations in determining whether a complainant is unusually convincing. |
| Public Prosecutor v Yue Roger Jr | High Court | Yes | [2018] SGHC 125 | Singapore | Cited for the principle that victims of sexual offences may not behave in a stereotypical way and that delays in reporting should be assessed on a case-by-case basis. |
| DT v Public Prosecutor | High Court | Yes | [2001] 2 SLR(R) 583 | Singapore | Cited for the principle that the explanation for any delay in reporting is to be considered and assessed by the court on a case-by-case basis. |
| Tang Kin Seng v Public Prosecutor | High Court | Yes | [1996] 3 SLR(R) 444 | Singapore | Cited for the principle that the explanation for any delay in reporting is to be considered and assessed by the court on a case-by-case basis. |
| Goh Han Heng v Public Prosecutor | High Court | Yes | [2003] 4 SLR(R) 374 | Singapore | Cited for the principle that the prosecution has a burden to disprove a plausible motive to fabricate allegations against the accused. |
| B v Public Prosecutor | High Court | Yes | [2003] 1 SLR(R) 400 | Singapore | Cited for the principle that a medical report confirming a tear in the hymen is generally only relevant in establishing the fact that the complainant sustained injuries to her vagina. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for establishing the sentencing framework for offences of rape. |
| Public Prosecutor v NF | High Court | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited for the principle that little weight can be attached to the fact that the family will suffer if the accused is imprisoned for a substantial period of time, particularly in cases of offences against family members. |
| Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the one-transaction rule, which requires that where two or more offences are committed in the course of a single transaction, all sentences in respect of those offences should be concurrent rather than consecutive. |
| Public Prosecutor v Raveen Balakrishnan | High Court | Yes | [2018] 5 SLR 799 | Singapore | Cited for the principle that a multiple offender who has committed unrelated offences should be separately punished for each offence, through individual sentences that run consecutively. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 375(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 375(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 258(3) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 279(7) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- DNA evidence
- Unusually convincing testimony
- Sexual abuse
- Penal Code
- Criminal Procedure Code
- Sentencing framework
- Abuse of trust
- Vulnerable victim
- Semen
- Corroborative evidence
15.2 Keywords
- Rape
- DNA
- Testimony
- Conviction
- Singapore
- Criminal Law
- Sexual Assault
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 98 |
| Criminal Law | 95 |
| Criminal Procedure | 80 |
| Sentencing | 75 |
| Evidence | 60 |
| Penal Code | 60 |
16. Subjects
- Criminal Law
- Sexual Offences
- Evidence
- Sentencing