Public Prosecutor v CCG: Sentencing for Sexual Assault and Outrage of Modesty
In Public Prosecutor v CCG, the High Court of Singapore sentenced CCG to 22 years and six months' imprisonment, with an additional six months’ imprisonment in lieu of caning, for sexual assault by penetration and outrage of modesty against two sisters. The charges included two counts of sexual assault by penetration against V1 and one count of outrage of modesty against V2. The court considered several TIC charges, including attempted rape. The court emphasized the need for general and specific deterrence and retribution, highlighting the accused's abuse of trust and the vulnerability of the victims.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Accused sentenced to 22 years and six months’ imprisonment, with an additional six months’ imprisonment in lieu of caning.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
CCG was sentenced to 22 years and six months' imprisonment for sexual assault and outrage of modesty against two sisters. The court considered the severity of the offenses and the need for deterrence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for the Prosecution | Won | Andre Ong of Attorney-General’s Chambers Nicholas Lai of Attorney-General’s Chambers |
| CCG | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andre Ong | Attorney-General’s Chambers |
| Nicholas Lai | Attorney-General’s Chambers |
4. Facts
- The accused was charged with 12 offences, 11 of which involved two sisters, V1 and V2.
- V1 was 10 to 12 years old and V2 was 17 years old at the time of the offences.
- The accused pleaded guilty to two charges of sexual assault by penetration of V1 and one charge of outrage of modesty of V2.
- The accused admitted to nine other charges, which were taken into consideration for sentencing.
- The accused was in a romantic relationship with the victims’ mother and provided for her financially.
- V1 and V2 stayed with their mother and the accused whenever they were released from a children’s home on home leave.
- The offences against V1 came to light when she told a researcher that the accused had touched her breasts.
5. Formal Citations
- Public Prosecutor v CCG, Criminal Case No 20 of 2021, [2021] SGHC 207
6. Timeline
| Date | Event |
|---|---|
| Offence against V2 began | |
| Offence against V2 ended | |
| Offence against V1 began | |
| Offence against V1 ended | |
| Offences against V1 came to light | |
| Accused arrested | |
| Date of remand | |
| Mitigation Plea dated | |
| Statement of Facts dated | |
| Prosecution’s Sentencing Submissions dated | |
| Accused pleaded guilty and was convicted | |
| Prosecution’s Supplementary Sentencing Submissions dated | |
| Sentencing hearing | |
| Judgment issued |
7. Legal Issues
- Sentencing for Sexual Assault by Penetration
- Outcome: The court applied the two-step framework from Pram Nair, as adapted from Terence Ng and extended by BPH, to determine the appropriate sentence.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 1015
- [2017] 2 SLR 449
- [2019] 2 SLR 764
- Sentencing for Outrage of Modesty
- Outcome: The court applied the two-step framework from Terence Ng, transposed to outrage of modesty in GBR, to determine the appropriate sentence.
- Category: Substantive
- Related Cases:
- [2018] 3 SLR 1048
- [2018] 4 SLR 580
- Totality Principle in Sentencing
- Outcome: The court considered the totality principle to ensure the aggregate sentence was proportionate to the overall criminality.
- Category: Procedural
- Related Cases:
- [2014] 2 SLR 998
- [2018] 5 SLR 799
- [2007] 2 SLR(R) 814
- Imprisonment in Lieu of Caning
- Outcome: The court imposed an additional term of imprisonment in lieu of caning due to the accused's age.
- Category: Procedural
- Related Cases:
- [2017] 5 SLR 904
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Sexual Assault by Penetration
- Outrage of Modesty
- Attempted Rape
10. Practice Areas
- Criminal Law
- Sentencing
- Sexual Assault
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 | Applied the two-step framework for sentencing in sexual assault cases. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Set out the two-step framework for sentencing in rape cases. |
| BPH v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 764 | Singapore | Extended the two-step framework to all forms of sexual assault by penetration. |
| Amin bin Abdullah v Public Prosecutor | Court of Appeal | Yes | [2017] 5 SLR 904 | Singapore | Set out the principles for imposing an additional term of imprisonment in lieu of caning. |
| GBR v Public Prosecutor and another appeal | Court of Appeal | Yes | [2018] 3 SLR 1048 | Singapore | Transposed the two-step sentencing framework to the offence of aggravated outrage of modesty. |
| Kunasekaran s/o Kalimuthu Somasundara v Public Prosecutor | High Court | Yes | [2018] 4 SLR 580 | Singapore | Compared the seriousness of the present case with a case involving outrage of modesty against a 14-year-old girl. |
| Public Prosecutor v Raveen Balakrishnan | Court of Appeal | Yes | [2018] 5 SLR 799 | Singapore | Sentences for unrelated offences which do not form part of a single transaction should generally run consecutively. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Discussed the totality principle in sentencing. |
| Public Prosecutor v Law Aik Meng | Court of Appeal | Yes | [2007] 2 SLR(R) 814 | Singapore | Discussed specific deterrence and the totality principle. |
| Public Prosecutor v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR(R) 684 | Singapore | Discussed the retributive imperative in sentencing. |
| Public Prosecutor v NF | N/A | Yes | [2006] 4 SLR(R) 849 | Singapore | Discussed general deterrence in sexual offence cases. |
| Public Prosecutor v BMU | High Court | Yes | [2020] SGHC 231 | Singapore | Compared the facts and sentence with a case involving aggravated sexual assault by digital-vaginal penetration. |
| Public Prosecutor v BQW | High Court | Yes | [2018] SGHC 136 | Singapore | Compared the facts and sentence with a case involving aggravated sexual assault by digital-vaginal penetration. |
| Public Prosecutor v BOX | High Court | Yes | [2021] SGHC 147 | Singapore | Compared the facts and sentence with a case involving sexual assault by penetration and aggravated outrage of modesty. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) ss 376(1)(a) and 376(2)(a) | Singapore |
| Penal Code s 376(4)(b) | Singapore |
| Penal Code s 354(1) | Singapore |
| Penal Code s 375(1)(b) | Singapore |
| Penal Code s 375(3)(b) | Singapore |
| Penal Code s 511 | Singapore |
| Penal Code s 354(2) | Singapore |
| Penal Code s 293 | Singapore |
| Liquor Control (Supply and Consumption) Act 2015 (Act 5 of 2015) s 14(2)(b)(i) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 325(1)(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual Assault by Penetration
- Outrage of Modesty
- Sentencing Framework
- Totality Principle
- General Deterrence
- Specific Deterrence
- Retribution
- Abuse of Trust
- Vulnerable Victim
15.2 Keywords
- sexual assault
- outrage of modesty
- sentencing
- criminal law
- Singapore
- abuse
- child
- penetration
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Sexual Offences | 95 |
| Criminal Procedure and Sentencing | 95 |
| Criminal Procedure | 90 |
| Sentencing Guidelines | 90 |
| Criminal Revision | 60 |
16. Subjects
- Criminal Procedure and Sentencing
- Sexual Offences
- Abuse of Trust