BWM v Public Prosecutor: Appeal Against Sentence for Sexual Assault by Penetration
In BWM v Public Prosecutor, the Court of Appeal of Singapore heard an appeal by BWM against his sentence for two charges of sexual assault by penetration. The High Court had sentenced BWM to 20 years' imprisonment and 24 strokes of the cane. The Court of Appeal, comprising Tay Yong Kwang JCA, Belinda Ang Saw Ean JAD, and Chao Hick Tin SJ, dismissed the appeal, finding the sentences appropriate given the aggravating factors and the appellant's conduct.
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
Singapore Court of Appeal affirms the High Court's decision in BWM v Public Prosecutor, upholding a 20-year imprisonment and 24 strokes of the cane for sexual assault.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Won | Angela Ang of Attorney-General’s Chambers Kavita Uthrapathy of Attorney-General’s Chambers |
| BWM | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Belinda Ang Saw Ean | Judge of the Appellate Division | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Angela Ang | Attorney-General’s Chambers |
| Kavita Uthrapathy | Attorney-General’s Chambers |
| Ramesh Chandr Tiwary | Ramesh Tiwary |
4. Facts
- The appellant sexually assaulted the victim on multiple occasions between 2008 and 2011.
- The victim was between 10 and 14 years old at the time of the offences.
- The appellant was the boyfriend and later the husband of the victim’s elder sister.
- The appellant used his position of trust to commit the offences.
- The victim did not consent to the sexual acts due to fear.
- The appellant went into hiding after the police report was made.
- The appellant was arrested about four years after the police report.
5. Formal Citations
- BWM v Public Prosecutor, Criminal Appeal No 4 of 2021, [2021] SGCA 83
6. Timeline
| Date | Event |
|---|---|
| First sexual assault occurred at a public swimming complex. | |
| Appellant married the victim’s elder sister. | |
| Second sexual assault occurred in the family apartment. | |
| Victim revealed the sexual acts to his mother. | |
| Victim’s sister filed a police report. | |
| Divorce was finalized. | |
| Appellant was arrested. | |
| Appellant was remanded. | |
| Judgment delivered in PP v BOX. | |
| Court of Appeal delivered the judgment. |
7. Legal Issues
- Appropriateness of Sentence
- Outcome: The Court of Appeal found the sentence to be appropriate in principle and in quantum.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 1015
- [2019] 2 SLR 764
- [2021] SGHC 147
- Abuse of Trust
- Outcome: The Court held that a position of trust existed between the appellant and the victim.
- Category: Substantive
8. Remedies Sought
- Appeal against Sentence
9. Cause of Actions
- Sexual Assault by Penetration
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pram Nair v PP | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing framework. |
| BPH v PP and another appeal | Court of Appeal | Yes | [2019] 2 SLR 764 | Singapore | Cited as guidance for sentencing. |
| PP v BOX | High Court | Yes | [2021] SGHC 147 | Singapore | Cited as a recent judgment on similar offences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 376(1)(a) of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 376(4)(b) of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| s 318(5)(a) of the Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual Assault
- Penetration
- Sentencing
- Abuse of Trust
- Victim
- Appellant
- Remorse
- Mitigating Factors
- Aggravating Factors
15.2 Keywords
- Sexual Assault
- Sentencing
- Criminal Law
- Singapore
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 98 |
| Sentencing | 95 |
| Criminal Law | 90 |
| Criminal Procedure | 90 |
| Penal Code | 90 |
16. Subjects
- Criminal Procedure and Sentencing
- Sexual Offences