Muhammad Anddy Faizul v Public Prosecutor: Appeal Against Sentence for Sexual Offences
Muhammad Anddy Faizul bin Mohd Eskah appealed against the High Court's decision to sentence him to 22 years' imprisonment and 24 strokes of the cane for sexual offences involving 19 victims. He had pleaded guilty to nine charges, with the remaining charges taken into consideration. The Court of Appeal, comprising Judith Prakash JA, Tay Yong Kwang JA, and Quentin Loh J, dismissed the appeal, finding no merit in his arguments that he was not given the opportunity to verify the Amended Statement of Facts and that the sentence was manifestly excessive. The court held that the sentences were in line with established sentencing frameworks and that the consecutive sentences properly reflected the appellant's culpability.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Criminal
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against sentence for sexual offences. The court dismissed the appeal, finding no merit in the appellant's arguments regarding procedural improprieties and excessive sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Muhammad Anddy Faizul bin Mohd Eskah | Appellant | Individual | Appeal Dismissed | Lost | |
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Winston Man, Krystle Chiang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge of Appeal | Yes |
| Tay Yong Kwang | Judge of Appeal | No |
| Quentin Loh | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Winston Man | Attorney-General’s Chambers |
| Krystle Chiang | Attorney-General’s Chambers |
4. Facts
- The Appellant faced 68 charges arising out of sexual offences involving 19 victims.
- The Appellant pleaded guilty to nine charges.
- The High Court Judge ordered three sentences to be run consecutively, resulting in 22 years’ imprisonment and 24 strokes of the cane.
- The Appellant argued he was not given the opportunity to verify the Amended Statement of Facts.
- The Appellant argued the sentence imposed was manifestly excessive.
- The Appellant was a youthful offender, aged between 16 and 18 at the time of the offences.
- The offences took place over a period of three years.
5. Formal Citations
- Muhammad Anddy Faizul bin Mohd Eskah v Public Prosecutor, Criminal Appeal No 19 of 2020, [2020] SGCA 113
6. Timeline
| Date | Event |
|---|---|
| Appellant remanded | |
| Appellant initially apprehended | |
| Appellant released on bail | |
| Draft of Amended Statement of Facts shown to Appellant | |
| Amended Statement of Facts provided to Appellant’s counsel | |
| Counsel for Appellant confirmed Appellant had no objections to Amended Statement of Facts | |
| Hearing in High Court | |
| Judgment delivered |
7. Legal Issues
- Manifestly Excessive Sentence
- Outcome: The court held that the sentences imposed were not manifestly excessive or inappropriate.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 1015
- [2017] 2 SLR 449
- Procedural Improprieties in Plea of Guilt
- Outcome: The court found that there were no procedural improprieties in the plea of guilt process.
- Category: Procedural
8. Remedies Sought
- Appeal against Sentence
9. Cause of Actions
- Aggravated Statutory Rape
- Sexual Assault by Penile-Oral Penetration
- Sexual Assault by Penile-Anal Penetration
- Rape
- Statutory Rape
10. Practice Areas
- Criminal Law
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pram Nair v Public Prosecutor | Singapore High Court | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing frameworks for rape. |
| Ng Kean Meng Terence v Public Prosecutor | Singapore High Court | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing frameworks for sexual assault by penetration. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 375(1)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 375(3)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(3) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual Offences
- Sentencing Frameworks
- Consecutive Sentences
- Amended Statement of Facts
- Youthful Offender
- Manifestly Excessive
- Plea of Guilt
15.2 Keywords
- sexual offences
- rape
- sexual assault
- sentencing
- criminal law
- appeal
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences
17. Areas of Law
- Criminal Law
- Sexual Offences
- Criminal Procedure and Sentencing