Public Prosecutor v BMU: Sexual Assault by Penetration Sentencing
In Public Prosecutor v BMU, the High Court of Singapore sentenced BMU to 22 years' imprisonment and 24 strokes of the cane for three charges of sexual assault by penetration under s 376(2)(a) of the Penal Code. The victim was a minor, and the accused was the boyfriend of the victim's mother. The court considered several aggravating factors, including the victim's age, the accused's abuse of trust, and the long period over which the offenses took place. The accused pleaded guilty, and 21 other charges were taken into consideration for sentencing. The court ordered two of the sentences to run consecutively and one concurrently.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 22 years’ imprisonment and 24 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
BMU was sentenced to 22 years' imprisonment and 24 strokes of the cane for sexual assault by penetration of a minor. The court considered aggravating factors.
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 | Tan Yen Seow of Attorney-General’s Chambers Eugene Lee of Attorney-General’s Chambers Kelly Ho of Attorney-General’s Chambers |
| BMU | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Dedar Singh Gill | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Yen Seow | Attorney-General’s Chambers |
| Eugene Lee | Attorney-General’s Chambers |
| Kelly Ho | Attorney-General’s Chambers |
| Sofia Bennita d/o Mohamed Bakhash | Lexcompass LLC |
4. Facts
- The accused pleaded guilty to three charges of sexual assault by penetration.
- The victim was 13 years old at the time of the hearing and 9-10 years old at the time of the offences.
- The accused was the boyfriend of the victim’s mother and acted as a father figure to the victim.
- The offences occurred in the victim’s home.
- The accused abused his position of trust to commit the offences.
- The offences were carried out over a period of 14 months.
- The accused admitted he was motivated by a desire to get back at the victim’s grandmother.
5. Formal Citations
- Public Prosecutor v BMU, Criminal Case No 62 of 2018, [2020] SGHC 231
6. Timeline
| Date | Event |
|---|---|
| Victim’s parents divorced | |
| Victim’s mother and the accused began a romantic relationship | |
| Victim’s mother and her three children moved into a two-room rental flat | |
| Accused moved into the Flat | |
| Accused and the victim’s mother quarrelled, and the accused moved out of the Flat | |
| Accused moved back into the flat | |
| Sexual assault by penetration committed (fourth charge) | |
| Sexual assault by penetration committed (seventh charge) | |
| Victim’s mother stopped having sexual intercourse with the accused | |
| Accused moved out of the Flat | |
| Victim’s mother was hospitalised | |
| Sexual assault by penetration committed (23rd charge) | |
| Victim’s mother was discharged from the hospital | |
| Victim told her primary school teacher about the sexual assault | |
| Accused was arrested | |
| Accused remanded | |
| IMH report issued | |
| Victim Impact Statement recorded | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Sexual Assault by Penetration
- Outcome: The court found the accused guilty of sexual assault by penetration.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 1015
- [2017] 2 SLR 449
- Sentencing Principles
- Outcome: The court applied the principles of deterrence and retribution in determining the appropriate sentence.
- Category: Procedural
- Related Cases:
- [2006] 4 SLR(R) 849
- [2017] 5 SLR 904
- [2017] 2 SLR 1015
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Sexual Assault by Penetration
10. Practice Areas
- Criminal Law
- Sentencing
- Sexual Assault
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v NF | Court of Appeal | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited for the principle that deterrence is necessary to protect children from sexual exploitation. |
| Amin bin Abdullah v Public Prosecutor | Court of Appeal | Yes | [2017] 5 SLR 904 | Singapore | Cited for the principle that retribution features in all cases of serious sexual assault. |
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited as establishing the sentencing framework for sexual assault involving penetration offences. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing framework for rape offences that can be transposed into the context of sexual assault by penetration offences. |
| BLV v Public Prosecutor | High Court | Yes | [2019] 2 SLR 726 | Singapore | Cited for the principle that cases involving victims below 14 years of age fall within Band 2 of the sentencing framework. |
| BPH v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 764 | Singapore | Cited for the principle that the presence of abuse of trust and vulnerability of the victim would suffice to categorise a case at least in the middle of Band 2 in the Pram Nair framework. |
| Public Prosecutor v BQW | High Court | Yes | [2018] SGHC 136 | Singapore | Cited for the principle that the commission of offences over a long time period constitutes an aggravating factor. |
| Public Prosecutor v BMR | Court of Appeal | Yes | [2019] 3 SLR 270 | Singapore | Cited for the principle that harm already built into the serious nature of the offence should not be given double weight. |
| Public Prosecutor v Leong Soon Kheong | Court of Appeal | Yes | [2009] 4 SLR(R) 63 | Singapore | Cited regarding the principle that no one is entitled to exact violence in order to seek redress for grievances. |
| Lim Siong Khee v Public Prosecutor | High Court | Yes | [2001] 1 SLR(R) 631 | Singapore | Cited regarding the principle that vindictive motive may constitute an aggravating factor. |
| Public Prosecutor v Chong Hou En | High Court | Yes | [2015] 3 SLR 222 | Singapore | Cited regarding the principle of intrusion into privacy at the home of the victims. |
| Public Prosecutor v Raveen Balakrishnan | Court of Appeal | Yes | [2018] 5 SLR 799 | Singapore | Cited for the principle that the aggregate sentence should be sufficient and proportionate to the offender’s overall criminality. |
| GCX v Public Prosecutor | Court of Appeal | Yes | [2019] 3 SLR 1325 | Singapore | Cited for the principle that no weight was to be given to the accused’s adjustment disorder. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 376(2)(a) of the Penal Code | Singapore |
| s 376(4)(b) of the Penal Code | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| ss 328(1) and 328(6) of the Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual assault by penetration
- Abuse of trust
- Sentencing framework
- Deterrence
- Retribution
- Victim Impact Statement
- Adjustment disorder
15.2 Keywords
- sexual assault
- penetration
- minor
- sentencing
- criminal law
- abuse of trust
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Criminal Law | 95 |
| Sexual assault by penetration | 95 |
| Penal Code | 90 |
| Criminal Procedure | 90 |
| Sentencing Principles | 85 |
| Women’s Charter | 10 |
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences