BRJ v Public Prosecutor: Appeal Against Sentence for Outrage of Modesty of a Child
BRJ appealed to the Court of Appeal of the Republic of Singapore against the sentence imposed by the High Court for two charges of outrage of modesty of a person under 14 years of age. The High Court sentenced BRJ to 18 months’ imprisonment and three strokes of the cane for the first offence, and to 30 months’ imprisonment and six strokes of the cane for the second offence, to run consecutively. The Court of Appeal, comprising Sundaresh Menon CJ, Steven Chong JA, and Chao Hick Tin SJ, dismissed the appeal, finding the sentence of 30 months' imprisonment for the second offence justifiable and not manifestly excessive, given the serious nature of the sexual abuse and multiple aggravating factors.
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 outrage of modesty of a child. The court dismissed the appeal, finding the sentence justifiable given the serious sexual abuse.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Eugene Lee of Attorney-General’s Chambers Michelle Lu of Attorney-General’s Chambers |
| BRJ | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Steven Chong | Judge of Appeal | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eugene Lee | Attorney-General’s Chambers |
| Michelle Lu | Attorney-General’s Chambers |
| Peter Keith Fernando | Leo Fernando LLC |
| Kavita Pandey | Leo Fernando LLC |
| Renuga Devi Sivaram | Leo Fernando LLC |
4. Facts
- The appellant pleaded guilty to two charges of outrage of modesty of a person under 14 years of age.
- The victim was a ten-year-old girl.
- The second offence occurred on 1 December 2017.
- The appellant gained entry to the victim's house using a key entrusted to his family.
- The appellant watched pornographic videos with the victim and then undressed her.
- The appellant licked and touched the victim's nipples and touched her vulva.
- The appellant rubbed his penis against the victim's vagina and ejaculated on her vulva.
5. Formal Citations
- BRJ v Public Prosecutor, Criminal Appeal No 33 of 2019, [2020] SGCA 21
6. Timeline
| Date | Event |
|---|---|
| Second offence of outrage of modesty occurred. | |
| Judgment delivered by the Court of Appeal |
7. Legal Issues
- Manifest Excessiveness of Sentence
- Outcome: The court held that the sentence was not manifestly excessive given the aggravating factors and the sentencing framework.
- Category: Substantive
- Related Cases:
- [2018] 3 SLR 1048
- Application of Sentencing Framework
- Outcome: The court found that the sentencing framework was correctly applied and the offence fell within Band 3.
- Category: Procedural
- Related Cases:
- [2018] 3 SLR 1048
8. Remedies Sought
- Appeal against sentence
9. Cause of Actions
- Outrage of Modesty
10. Practice Areas
- Criminal Appeals
- Sentencing Guidelines
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| GBR v Public Prosecutor and another appeal | High Court | Yes | [2018] 3 SLR 1048 | Singapore | Established the sentencing framework used to determine the appropriate sentence for outrage of modesty offences. |
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 s 293 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Outrage of Modesty
- Sentencing Framework
- Aggravating Factors
- Manifestly Excessive
- Sexual Abuse
- Premeditation
- Abuse of Trust
15.2 Keywords
- Criminal Appeal
- Outrage of Modesty
- Sentencing
- Singapore Law
- Child Abuse
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Outrage of Modesty | 98 |
| Criminal Law | 95 |
| Sentencing | 90 |
| Criminal Procedure | 85 |
| Offences | 70 |
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences