Public Prosecutor v Mustapah bin Abdullah: Sexual Assault, Penetration, Consent
In Public Prosecutor v Mustapah bin Abdullah, the High Court of Singapore convicted Mustapah bin Abdullah on three charges of sexual assault by penetration of three teenaged males. The offences occurred on 17 October 2018. The court, presided over by See Kee Oon J, found that the victims did not consent to the acts and that the accused knew or had reason to believe that the victims were in fear of injury when they fellated him. The accused was sentenced to 24 years' imprisonment.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Conviction on all charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mustapah bin Abdullah was convicted of sexual assault by penetration of three teenaged males. The court found the victims did not consent to the acts.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction | Won | Tay Jia En of Attorney-General’s Chambers Gail Wong Li-Jing of Attorney-General’s Chambers Gladys Lim Hinn Teng of Attorney-General’s Chambers |
| Mustapah bin Abdullah | Defendant | Individual | Conviction | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| See Kee Oon | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tay Jia En | Attorney-General’s Chambers |
| Gail Wong Li-Jing | Attorney-General’s Chambers |
| Gladys Lim Hinn Teng | Attorney-General’s Chambers |
4. Facts
- The accused was convicted on three charges of sexual assault by penetration.
- The offences occurred on 17 October 2018 at a playground.
- The victims were teenaged males.
- The accused was in a position of trust and authority over the victims.
- The accused verbally intimidated the victims and inflicted physical violence on them.
- The victims agreed to fellate the accused out of fear of injury to themselves or their families.
5. Formal Citations
- Public Prosecutor v Mustapah bin Abdullah, Criminal Case No 24 of 2022, [2022] SGHC 262
6. Timeline
| Date | Event |
|---|---|
| Accused met victims | |
| Accused made police report regarding harassment | |
| Sexual offences occurred | |
| Police report of sexual assault by penetration made | |
| [V1] interviewed by SI Nithiya | |
| Police investigation statements recorded from accused | |
| Accused's forensic psychiatric assessment and psychiatric report prepared | |
| Case for the Defence filed | |
| Trial began | |
| Judgment issued |
7. Legal Issues
- Sexual Assault by Penetration
- Outcome: The court found that the accused had penetrated the victims' mouths with his penis.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 1015
- [2019] 2 SLR 764
- Consent
- Outcome: The court found that the victims did not consent to the sexual acts.
- Category: Substantive
- Related Cases:
- [2010] 2 SLR 15
- [2017] 2 SLR 1015
8. Remedies Sought
- Conviction
- Imprisonment
9. Cause of Actions
- Sexual Assault by Penetration
10. Practice Areas
- Criminal Law
- Sexual Assault
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Goh Han Heng v Public Prosecutor | High Court | Yes | [2003] 4 SLR(R) 374 | Singapore | Cited for the burden of adducing sufficient evidence of an alleged motive to falsely implicate him. |
| Public Prosecutor v GCK and another matter | High Court | Yes | [2020] 1 SLR 486 | Singapore | Cited for the burden of adducing sufficient evidence of an alleged motive to falsely implicate him. |
| Public Prosecutor v Iryan bin Abdul Karim and others | High Court | Yes | [2010] 2 SLR 15 | Singapore | Cited for the principle that consent must be given while in free and unconstrained possession of physical and moral power. |
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing framework for sexual assault by penetration under section 376 of the Penal Code. |
| Public Prosecutor v Chong Chee Boon Kenneth and other appeals | High Court | Yes | [2021] 5 SLR 1434 | Singapore | Cited for the principle that consent must be given while in free and unconstrained possession of physical and moral power. |
| BPH v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 764 | Singapore | Cited for the clarification that the sentencing framework in Pram Nair is applicable to all forms of sexual assault by penetration under section 376 of the Penal Code. |
| Public Prosecutor v BAB | High Court | Yes | [2017] 1 SLR 292 | Singapore | Cited for the starting point for sentencing in cases involving abuse of trust. |
| Public Prosecutor v Raveen Balakrishnan | Court of Appeal | Yes | [2018] 5 SLR 799 | Singapore | Cited for the principle that sentences for offences concerning different legally protected interests should run consecutively. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Cited for the principle that ordering more than two sentences to run consecutively is only done in exceptional cases. |
| CCG v Public Prosecutor | Court of Appeal | Yes | [2022] SGCA 19 | Singapore | Cited for the principle that the impact on livelihood and hardship to the family caused by the imposition of a sentence should be given little weight unless there are exceptional circumstances. |
| Lai Oei Mui Jenny v Public Prosecutor | High Court | Yes | [1993] 2 SLR(R) 406 | Singapore | Cited for the principle that the impact on livelihood and hardship to the family caused by the imposition of a sentence should be given little weight unless there are exceptional circumstances. |
| Amin bin Abdullah v Public Prosecutor | High Court | Yes | [2017] 5 SLR 904 | Singapore | Cited for the principle that an additional imprisonment term is necessary to compensate for the deterrent effect of caning that was lost. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(3) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(1)(c) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) (“CPC”) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 90(a)(i) | Singapore |
| Criminal Procedure Code s 307(1) | Singapore |
| Criminal Procedure Code s 325 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual assault
- Penetration
- Consent
- Fear of injury
- Abuse of trust
15.2 Keywords
- Sexual assault
- Penetration
- Consent
- Singapore
- Criminal law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Criminal Law | 90 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
| Evidence | 60 |
16. Subjects
- Criminal Law
- Sexual Offences
- Sentencing