Public Prosecutor v BVZ: Sentencing for Sexual Assault by Penetration and Related Offences

In Public Prosecutor v BVZ, the High Court of Singapore sentenced BVZ to 20 years' imprisonment and 16 strokes of the cane after he pleaded guilty to two charges of sexual assault by penetration against Victim 1, one charge of causing hurt by means of poison against Victim 2, and one charge of outrage of modesty against Victim 4. The court considered the principles of deterrence and retribution, emphasizing the vulnerability of the victims and the seriousness of the offences. The accused appealed against his sentence.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Accused sentenced to 20 years’ imprisonment and 16 strokes of the cane.

1.3 Case Type

Criminal

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

BVZ was sentenced to 20 years' imprisonment and 16 strokes of the cane for sexual assault by penetration, causing hurt by poison, and outrage of modesty.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public ProsecutorProsecutionGovernment AgencyJudgment for ProsecutionWon
James Chew of Attorney-General’s Chambers
Selene Yap of Attorney-General’s Chambers
BVZDefendant, AppellantIndividualAppeal dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Hoo Sheau PengJudgeYes

4. Counsels

Counsel NameOrganization
James ChewAttorney-General’s Chambers
Selene YapAttorney-General’s Chambers
Loh Guo Wei MelvinContinental Law LLP

4. Facts

  1. The accused penetrated Victim 1's mouth with his penis without her consent on two separate occasions.
  2. The accused caused Victim 2 to consume Nitrazepam with the intent to facilitate sexual penetration.
  3. The accused touched Victim 4's breast with the intention to outrage her modesty.
  4. Victim 1, Victim 2, and Victim 4 were 14 years old at the time the offences were committed.
  5. The accused exploited his position as the father of Victim 3, a close friend of the victims.
  6. The accused threatened Victim 1 with physical force during the second sexual assault.
  7. Victim 2 was hospitalised for three days due to Nitrazepam overdose.

5. Formal Citations

  1. Public Prosecutor v BVZ, Criminal Case No 10 of 2019, [2019] SGHC 83

6. Timeline

DateEvent
First sexual assault by penetration offence occurred.
Outrage of modesty offence occurred.
Second sexual assault by penetration offence occurred.
Causing hurt by means of poison offence occurred.
Police received a 999-call seeking police assistance at the flat.
Sentences to take effect.
Hearing date.
Judgment date.

7. Legal Issues

  1. Sentencing for Sexual Assault by Penetration
    • Outcome: The court applied the Pram Nair framework and sentenced the accused to ten years’ imprisonment and eight strokes of the cane on each charge.
    • Category: Substantive
    • Related Cases:
      • [2017] 2 SLR 1015
      • [2018] SGHC 134
  2. Sentencing for Causing Hurt by Means of Poison
    • Outcome: The court sentenced the accused to three years’ imprisonment.
    • Category: Substantive
    • Related Cases:
      • [2017] SGHC 188
  3. Sentencing for Outrage of Modesty
    • Outcome: The court sentenced the accused to ten months’ imprisonment.
    • Category: Substantive
    • Related Cases:
      • [2018] 4 SLR 580
  4. Consecutive vs Concurrent Sentencing
    • Outcome: The court ordered the sentences for the first and second charges to run consecutively, with the sentences for the third and eighth charges to run concurrently.
    • Category: Procedural
    • Related Cases:
      • [2014] 2 SLR 998
      • [2018] 5 SLR 799

8. Remedies Sought

  1. Imprisonment
  2. Caning

9. Cause of Actions

  • Sexual Assault by Penetration
  • Causing Hurt by Means of Poison
  • Outrage of Modesty

10. Practice Areas

  • Criminal Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Public Prosecutor v Law Aik MengCourt of AppealYes[2007] 2 SLR(R) 814SingaporeCited for the principle that general deterrence ought to be the primary sentencing consideration in cases involving vulnerable victims and crimes which offend the sensibilities of the general public.
Public Prosecutor v Tan Fook SumN/AYes[1999] 1 SLR(R) 1022SingaporeCited for the principle that the sentence imposed must be commensurate with the degree of seriousness of the offences against the victims.
Pram Nair v Public ProsecutorCourt of AppealYes[2017] 2 SLR 1015SingaporeCited for the two-step sentencing framework for offences involving digital penetration under section 376 of the Penal Code.
Kunasekaran s/o Kalimuthu Somasundara v Public ProsecutorHigh CourtYes[2018] 4 SLR 580SingaporeCited for the two-step sentencing framework in respect of the offence of outrage of modesty simpliciter under section 354(1) of the Penal Code.
Mohamed Shouffee bin Adam v Public ProsecutorN/AYes[2014] 2 SLR 998SingaporeCited for the principles to be applied when deciding which sentences should run consecutively.
Public Prosecutor v Raveen BalakrishnanN/AYes[2018] 5 SLR 799SingaporeCited for the principles to be applied when deciding which sentences should run consecutively.
Public Prosecutor v Tan Meng Soon BernardHigh CourtYes[2018] SGHC 134SingaporeCited for the applicability of the Pram Nair framework to offences involving acts of fellatio.
Public Prosecutor v Tan Kok LeongHigh CourtYes[2017] SGHC 188SingaporeCited as a sentencing precedent for the offence of causing hurt by means of poison.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Penal Code (Cap. 224, 2008 Rev Ed) s 376(1)(a)Singapore
Penal Code (Cap. 224, 2008 Rev Ed) s 376(3)Singapore
Penal Code (Cap. 224, 2008 Rev Ed) s 328Singapore
Penal Code (Cap. 224, 2008 Rev Ed) s 354(1)Singapore
Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 7(a)Singapore
Penal Code s 323Singapore
Penal Code s 506 (2nd limb)Singapore
Penal Code s 426Singapore
Penal Code s 380Singapore
Vigilante Corps Act (Cap 343, 1985 Rev Ed) s 14(1)Singapore
Penal Code (Cap 224, 1998 Rev Ed) s 353Singapore
Criminal Procedure Code (Cap. 68, 2012 Rev Ed) s 307(1)Singapore
Poisons Act (Cap 234, 1999 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Sexual Assault
  • Penetration
  • Nitrazepam
  • Outrage of Modesty
  • Vulnerable Victims
  • General Deterrence
  • Retribution
  • Fellatio

15.2 Keywords

  • Sexual Assault
  • Penetration
  • Poison
  • Modesty
  • Sentencing
  • Singapore
  • Criminal Law

17. Areas of Law

Area NameRelevance Score
Criminal Law95
Sentencing95
Criminal Procedure95
Sexual Offences95
Sexual assault by penetration90
Causing hurt by means of poison80
Penal Code80
Outrage of Modesty80
Criminal force and assault80

16. Subjects

  • Criminal Procedure and Sentencing
  • Sentencing
  • Sexual Assault