PP v BZT: Sentencing for Sexual Assaults Against Minors
In Public Prosecutor v BZT, the High Court of Singapore sentenced BZT to 18 years' imprisonment and 24 strokes of the cane for eight charges of sexual assault against two young victims. The court, presided over by Justice Tan Siong Thye, emphasized the principles of deterrence and retribution, citing the accused's abuse of trust and the vulnerability of the victims. The charges included outrage of modesty, attempted rape, and unnatural carnal intercourse. Four additional charges were taken into consideration for sentencing.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 18 years’ imprisonment and 24 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment for Sentence
1.5 Jurisdiction
Singapore
1.6 Description
BZT was sentenced to 18 years' imprisonment and 24 strokes of the cane for sexual assaults against two young victims. The court emphasized deterrence and retribution.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Sentenced to 18 years’ imprisonment and 24 strokes of the cane | Won | Gail Wong, Lim Ying Min |
| BZT | Defendant | Individual | Sentenced to 18 years’ imprisonment and 24 strokes of the cane | Lost | Wong Siew Hong, Josephine Iezu Costan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Gail Wong | Attorney-General’s Chambers |
| Lim Ying Min | Attorney-General’s Chambers |
| Wong Siew Hong | Eldan Law LLP |
| Josephine Iezu Costan | David Nayar and Associates |
4. Facts
- BZT sexually assaulted two young victims, V1 and V2, over several years.
- BZT was the boyfriend of the victims' mother and acted as a father figure to them.
- The offenses included outrage of modesty, attempted rape, and unnatural carnal intercourse.
- The victims were between 7 and 13 years old at the time of the offenses.
- BZT took advantage of his position of trust and the victims' vulnerability.
- BZT was diagnosed with Pedophilic Disorder.
- The offenses occurred in the victims' home while they were under BZT's care.
5. Formal Citations
- Public Prosecutor v BZT, Criminal Case No 4 of 2022, [2022] SGHC 148
- Public Prosecutor v BZT, , [2022] SGHC 91
6. Timeline
| Date | Event |
|---|---|
| Accused convicted on eight charges | |
| Judgment reserved | |
| Judgment issued | |
| Accused remanded |
7. Legal Issues
- Sentencing Principles
- Outcome: The court emphasized deterrence and retribution in sentencing due to the accused's abuse of trust, the vulnerability of the victims, and the premeditated nature of the offenses.
- Category: Substantive
- Sub-Issues:
- Deterrence
- Retribution
- Abuse of trust
- Vulnerability of victims
- Premeditation
- Related Cases:
- [2018] 4 SLR 580
- [2017] SGHC 296
- [2010] 3 SLR 900
- [2017] 2 SLR 449
- [2020] 4 SLR 790
- [1998] 1 SLR(R) 37
- [2006] 4 SLR(R) 849
- [2007] 2 SLR(R) 814
- [2008] 2 SLR(R) 684
- [2018] 3 SLR 1048
- [1999] 3 SLR(R) 927
- [2008] 4 SLR(R) 500
- [2001] 1 SLR(R) 709
- [2018] 5 SLR 799
- [2012] 2 SLR 437
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Outrage of Modesty
- Attempted Rape
- Unnatural Carnal Intercourse
10. Practice Areas
- Criminal Law
- Sentencing
- Sexual Assault
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Kunasekaran s/o Kaimuthu Somasundara v Public Prosecutor | High Court | Yes | [2018] 4 SLR 580 | Singapore | Cited for the sentencing framework for offences under section 354(1) of the Penal Code. |
| GBR v PP | High Court | Yes | [2017] SGHC 296 | Singapore | Cited for the sentencing framework regarding offences under section 354(2) of the Penal Code for aggravated outrage of modesty committed against a child under 14 years of age. |
| Public Prosecutor v Shamsul bin Sa’at | High Court | Yes | [2010] 3 SLR 900 | Singapore | Cited for the prescribed punishment for attempted rape offence. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing framework for rape offences. |
| Public Prosecutor v Ridhaudin Ridhwan bin Bakri and others | High Court | Yes | [2020] 4 SLR 790 | Singapore | Cited for the adaptation of the sentencing framework for rape in Terence Ng to attempted rape. |
| Lim Hock Hin Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 1 SLR(R) 37 | Singapore | Cited for the principle that abuse of trust and authority justifies a substantial sentence on the ground of general deterrence. |
| Public Prosecutor v NF | High Court | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited for the difficulty in prosecuting sexual abuse in the family and the need for deterrent sentences. |
| Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the principle of specific deterrence. |
| Public Prosecutor v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR(R) 684 | Singapore | Cited for the principle that criminal law is the public’s expression of communitarian values. |
| GBR v Public Prosecutor and another appeal | Court of Appeal | Yes | [2018] 3 SLR 1048 | Singapore | Cited for the abuse of a position of authority and breach of trust are aggravating factors that warrant a deterrent sentence and pushes the offence in question to a higher band. |
| Ng Chiew Kiat v Public Prosecutor | High Court | Yes | [1999] 3 SLR(R) 927 | Singapore | Cited as a sentencing precedent for outrage of modesty. |
| Public Prosecutor v UI | High Court | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited for the principle that the presence of charges taken into consideration may result in an uplift in sentence. |
| Adam bin Darsin v Public Prosecutor | Court of Appeal | Yes | [2001] 1 SLR(R) 709 | Singapore | Cited as a sentencing precedent for unnatural carnal intercourse. |
| Public Prosecutor v Raveen Balakrishnan | Court of Appeal | Yes | [2018] 5 SLR 799 | Singapore | Cited for the general rule that sentences for unrelated offences should run consecutively, while sentences for related offences forming part of a single transaction should run concurrently. |
| Tan Kheng Chun Ray v Public Prosecutor | Court of Appeal | Yes | [2012] 2 SLR 437 | Singapore | Cited for the application of the one-transaction rule is also an exercise in commonsense. |
| Public Prosecutor v BZT | High Court | Yes | [2022] SGHC 91 | Singapore | The main judgment where the facts of the case and the reasons for the decision to convict and find the accused guilty are set out. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| section 354 of the Penal Code | Singapore |
| section 376(2) of the Penal Code | Singapore |
| section 511 of the Penal Code | Singapore |
| section 377 of the Penal Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Outrage of modesty
- Attempted rape
- Unnatural carnal intercourse
- Pedophilia
- Abuse of trust
- Vulnerable victims
- Deterrence
- Retribution
- Penile-oral penetration
- Penile-anal penetration
15.2 Keywords
- Sexual assault
- Child abuse
- Sentencing
- Singapore
- Criminal law
16. Subjects
- Criminal Law
- Sexual Offences
- Sentencing
17. Areas of Law
- Criminal Law
- Sentencing
- Sexual Offences