Public Prosecutor v BRH: Step-Father Convicted of Rape and Sexual Assault of Step-Daughter
In Public Prosecutor v BRH, the High Court of Singapore convicted BRH of multiple charges of rape and sexual assault against his step-daughter. The offences occurred between 2012 and 2018, when the victim was between six and twelve years old. BRH pleaded guilty to three charges, and the remaining charges were taken into consideration for sentencing. The court sentenced BRH to an aggregate of 28 years' imprisonment and 24 strokes of the cane.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused convicted on three charges; sentenced to 28 years' imprisonment and 24 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Oral Judgment
1.5 Jurisdiction
Singapore
1.6 Description
BRH was convicted of multiple charges of rape and sexual assault against his step-daughter, committed between 2012 and 2018, and sentenced.
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 | Ng Yiwen of Attorney-General’s Chambers Chee Ee Ling of Attorney-General’s Chambers |
| BRH | Defendant | Individual | Convicted | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ng Yiwen | Attorney-General’s Chambers |
| Chee Ee Ling | Attorney-General’s Chambers |
| Lim Ghim Siew Henry | G S Lim & Partners |
4. Facts
- The accused repeatedly committed sexual offences against his step-daughter from the time she was six years of age until she was 12.
- The accused was between 34 and 39 years of age at the time of the offences.
- The victim's biological parents were separated when she was an infant.
- The victim's mother remarried the accused in 2008, when the victim was about two years of age.
- The accused and the victim's mother have four children arising out of their marriage.
- The entire family resided in a one-room Housing and Development Board flat.
- The victim and the accused had a good relationship prior to the offences.
5. Formal Citations
- Public Prosecutor v BRH, Criminal Case No 26 of 2019, [2020] SGHC 14
6. Timeline
| Date | Event |
|---|---|
| Accused married the victim's mother. | |
| First incident of sexual abuse occurred. | |
| Accused sexually assaulted the victim by penetration. | |
| Accused sexually assaulted the victim by penetration and attempted to do so on another occasion. | |
| Accused raped the victim. | |
| Accused sexually assaulted the victim by penetration. | |
| Accused raped the victim. | |
| Accused sexually assaulted the victim by penetration. | |
| Accused outraged the modesty of the victim. | |
| Accused outraged the modesty of the victim. | |
| Accused sexually assaulted the victim by penetration. | |
| Accused sexually assaulted the victim by penetration. | |
| Accused sexually assaulted the victim by penetration. | |
| Accused sexually assaulted the victim by penetration. | |
| The Straits Times published an article entitled “More Allegations of Children Sexually Abused by Family”. | |
| Accused attempted to sexually assault the victim by penetration. | |
| Victim sent her maternal aunt a text message. | |
| Matter reported to the Police. | |
| Accused remanded. | |
| Victim underwent a psychiatric assessment at the Child Guidance Clinic. | |
| Judgment issued. |
7. Legal Issues
- Rape
- Outcome: Accused convicted of rape.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 449
- Sexual Penetration
- Outcome: Accused convicted of sexual assault by penetration.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 1015
- Sentencing
- Outcome: Accused sentenced to 28 years' imprisonment and 24 strokes of the cane.
- Category: Procedural
- Related Cases:
- [2017] 2 SLR 449
- [2017] 2 SLR 1015
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Rape
- Sexual Assault by Penetration
- Outrage of Modesty
10. Practice Areas
- Criminal Law
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kean Meng Terence v PP | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing framework for rape offences. |
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for transposing the sentencing framework in Ng Kean Meng Terence v PP to the offence of sexual assault by penetration. |
| BPH v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 764 | Singapore | Cited for the application of the Pram Nair framework to all forms of sexual assault by penetration under s 376 of the Penal Code. |
| Public Prosecutor v BMF | High Court | Yes | [2019] SGHC 227 | Singapore | Cited for the application of the Pram Nair framework to all forms of sexual assault by penetration under s 376 of the Penal Code. |
| Public Prosecutor v Tan Meng Soon Bernard | High Court | Yes | [2019] 3 SLR 1146 | Singapore | Cited for the application of the Pram Nair framework to all forms of sexual assault by penetration under s 376 of the Penal Code. |
| Public Prosecutor v BVZ | High Court | Yes | [2019] SGHC 83 | Singapore | Cited for the application of the Pram Nair framework to all forms of sexual assault by penetration under s 376 of the Penal Code. |
| Public Prosecutor v Ridhaudin Ridhwan bin Bakri and others | High Court | Yes | [2019] SGHC 191 | Singapore | Cited for the application of the Pram Nair framework to all forms of sexual assault by penetration under s 376 of the Penal Code. |
| Public Prosecutor v BMR | High Court | Yes | [2019] 3 SLR 270 | Singapore | Cited as a similar case of step-father abusing step-daughter for sentencing comparison. |
| Public Prosecutor v BNN | High Court | Yes | [2014] SGHC 7 | Singapore | Cited as another instance of familial sexual abuse of children for sentencing comparison. |
| Public Prosecutor v AHB | High Court | Yes | [2010] SGHC 138 | Singapore | Cited as another instance of familial sexual abuse of children for sentencing comparison. |
| Chang Kar Meng v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 68 | Singapore | Cited for the mitigating factor of a guilty plea in sexual offences. |
| Tan Kay Beng v Public Prosecutor | High Court | Yes | [2006] 4 SLR(R) 10 | Singapore | Cited for the relevance of antecedents in sentencing. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited for the totality principle in sentencing. |
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 376(1)(a) | Singapore |
| Penal Code s 376(4)(b) | Singapore |
| Penal Code s 511 | Singapore |
| Penal Code s 375(1)(b) | Singapore |
| Penal Code s 375(3)(b) | Singapore |
| Criminal Procedure Code s 307 | Singapore |
| Criminal Procedure Code s 328 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual abuse
- Penile-anal penetration
- Penile-oral penetration
- Statutory rape
- Step-daughter
- Victim Impact Statement
- TIC charges
- Sentencing framework
15.2 Keywords
- Rape
- Sexual assault
- Step-daughter
- Singapore
- Criminal law
- Sentencing
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 98 |
| Sexual Offences against Minors | 97 |
| Criminal Law | 95 |
| Penal Code | 90 |
| Criminal Procedure | 80 |
16. Subjects
- Criminal Law
- Sexual Offences
- Sentencing