Public Prosecutor v BUS: Sexual Assault by Penetration - Sentencing for Offence Against Minor
In Public Prosecutor v BUS, the High Court of Singapore sentenced BUS for sexual assault by penetration of his 14-year-old niece. BUS pleaded guilty to the charge under s 376(2)(a) of the Penal Code. The court considered the accused's abuse of his quasi-parental position, the victim's young age and vulnerability, and a similar charge taken into consideration. The court sentenced BUS to ten years and 11 months’ imprisonment, and eight strokes of the cane.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused sentenced to ten years and 11 months’ imprisonment, and eight strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
BUS is sentenced for sexual assault by penetration of his 14-year-old niece. The court considered aggravating and mitigating factors in determining the sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Successful Prosecution | Won | Gail Wong, Sheryl Yeo |
| BUS | Defendant | Individual | Conviction and Imprisonment | Lost | Vigneesh s/o Nainar, Sadhana Devi d/o Daevnrd Rai |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gail Wong | Attorney-General’s Chambers |
| Sheryl Yeo | Attorney-General’s Chambers |
| Vigneesh s/o Nainar | Law Society Pro Bono Services |
| Sadhana Devi d/o Daevnrd Rai | Law Society Pro Bono Services |
4. Facts
- The accused sexually penetrated his 14-year-old niece with his finger.
- The victim was staying at the accused's flat at the time of the offence.
- The accused was in a quasi-parental position vis-à-vis the victim.
- The victim was asleep when the accused first inserted his finger into her vagina.
- The accused also touched the victim's breasts and kissed her.
- The accused repeated the offence three weeks later.
- The victim informed her teacher about the incident.
5. Formal Citations
- Public Prosecutor v BUS, Criminal Case No 38 of 2020, [2020] SGHC 266
6. Timeline
| Date | Event |
|---|---|
| Victim stayed over at the Flat | |
| Accused sexually penetrated the victim | |
| Victim informed her teacher that the accused had “fingered her” | |
| Victim met with the school counsellor and was brought for a medical assessment at a hospital | |
| Accused was arrested by the police | |
| Accused remanded in custody for questioning | |
| Accused sent to Changi Prison Complex Medical Centre for psychiatric assessment | |
| Accused released from custody | |
| Judgment issued |
7. Legal Issues
- Sentencing for Sexual Assault by Penetration
- Outcome: The court determined the appropriate sentence based on aggravating and mitigating factors, sentencing the accused to ten years and 11 months’ imprisonment, and eight strokes of the cane.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 1015
- [2017] 2 SLR 449
- [2019] SGHC 227
- [2020] SGHC 231
- Aggravating Factors in Sentencing
- Outcome: The court considered the accused's abuse of position and breach of trust, the victim's young age and vulnerability, and the presence of a similar charge taken into consideration as aggravating factors.
- Category: Procedural
- Related Cases:
- [2019] 2 SLR 764
- Mitigating Factors in Sentencing
- Outcome: The court considered the accused's timeous plea of guilt as a mitigating factor, but found the lack of antecedents to be a neutral factor.
- Category: Procedural
- Related Cases:
- [2003] 1 WLR 546
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Sexual Assault by Penetration
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 | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing framework for sexual offences. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing framework for sexual offences. |
| Public Prosecutor v BMF | High Court | Yes | [2019] SGHC 227 | Singapore | Cited for considering the number and intensity of aggravating factors in sentencing. |
| Public Prosecutor v BMU | High Court | Yes | [2020] SGHC 231 | Singapore | Cited for the sentencing bands. |
| BPH v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 764 | Singapore | Cited for the abuse of trust as an aggravating factor. |
| Public Prosecutor v BQW | High Court | Yes | [2018] SGHC 136 | Singapore | Cited for the extent of psychological harm caused to the victim. |
| Public Prosecutor v BMR | High Court | Yes | [2019] 3 SLR 270 | Singapore | Cited for the extent of psychological harm caused to the victim. |
| Edwin s/o Suse Nathen v PP | Court of Appeal | Yes | [2013] 4 SLR 1139 | Singapore | Cited for the absence of antecedents as a neutral factor. |
| Vasentha d/o Joseph v Public Prosecutor | High Court | Yes | [2015] 5 SLR 122 | Singapore | Cited for taking into account the time spent by the accused in remand. |
| Public Prosecutor v Sivanantha a/l Danabala | High Court | Yes | [2015] 4 SLR 585 | Singapore | Cited for taking into account the time spent by the accused in remand. |
| Regina v Millberry | Court of Appeal | Yes | [2003] 1 WLR 546 | England and Wales | Cited for the rationale underlying the mitigating effect of a plea of guilt. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376(2)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(3) | Singapore |
| Penal Code s 376(4)(a) | Singapore |
| Penal Code ss 376(4)(b) | Singapore |
| Penal Code ss 376(4)(c) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 318(4) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual assault by penetration
- Sentencing framework
- Aggravating factors
- Mitigating factors
- Abuse of trust
- Vulnerable victim
- Timeous plea of guilt
- TIC charge
15.2 Keywords
- sexual assault
- penetration
- sentencing
- criminal law
- abuse
- minor
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences
17. Areas of Law
- Criminal Law
- Sexual Offences
- Criminal Procedure and Sentencing