Public Prosecutor v BVJ: Father Sentenced for Sexual Assault and Ill-Treatment of Daughters
In [2022] SGHC 59, the General Division of the High Court of Singapore sentenced BVJ for multiple counts of sexual assault against his four daughters and ill-treatment of one daughter. BVJ pleaded guilty to seven charges, with 26 other charges taken into consideration. The court, presided over by Justice Tan Siong Thye, sentenced BVJ to 33 years and two months’ imprisonment and 24 strokes of the cane, emphasizing the principles of deterrence and retribution.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Accused sentenced to 33 years and two months’ imprisonment and 24 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
BVJ was sentenced for sexually assaulting his daughters and ill-treating them. The High Court emphasized deterrence and retribution in sentencing.
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 | Sarah Siaw of Attorney-General’s Chambers Muhamad Imaduddien of Attorney-General’s Chambers Angela Ang of Attorney-General’s Chambers |
| BVJ | Defendant | Individual | Convicted and Sentenced | Lost | Sadhana Rai of Criminal Legal Aid Scheme |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sarah Siaw | Attorney-General’s Chambers |
| Muhamad Imaduddien | Attorney-General’s Chambers |
| Angela Ang | Attorney-General’s Chambers |
| Sadhana Rai | Criminal Legal Aid Scheme |
| Ng Pei Qi | Rajah & Tann Singapore LLP |
4. Facts
- The accused committed numerous sexual assaults on his four young daughters.
- The sexual exploitation began with the oldest daughter when she was six to seven years old.
- The accused pleaded guilty to seven charges involving one daughter, who was 12 to 13 years old at the time of the assaults.
- The accused denied the victim, V2, V4 and V5 food for five days as punishment.
- The accused showed the victim a pornographic video when she was in Primary 5.
- The accused threatened to withdraw the victim from school if she did not have sex with him monthly.
- The accused searched for ways to pass a lie detector test after the victim reported the abuse.
5. Formal Citations
- Public Prosecutor v BVJ, Criminal Case No 49 of 2021, [2022] SGHC 59
6. Timeline
| Date | Event |
|---|---|
| Accused married V6 | |
| Accused lived with V6 and his seven children at Ang Mo Kio Flat | |
| Accused instigated V6 to pervert the course of justice | |
| Accused and family moved to Canberra Flat | |
| Accused denied victim, V2, V4 and V5 food for four days | |
| V6 left Canberra Flat to work the night shift | |
| Victim lodged a police report | |
| Accused searched for victim at police stations | |
| Accused arrested by the Police | |
| Victim examined by Dr Wong Ker Yi | |
| Accused examined by Dr Vivekanandan Sivalingam | |
| Accused indicated intention to plead guilty on first day of trial | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Sentencing Principles
- Outcome: The court emphasized the sentencing principles of deterrence and retribution.
- Category: Procedural
- Aggravated Rape
- Outcome: The court found the accused guilty of aggravated rape and sentenced him accordingly.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 449
- Aggravated Sexual Assault by Penetration
- Outcome: The court found the accused guilty of aggravated sexual assault by penetration and sentenced him accordingly.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 1015
- Aggravated Outrage of Modesty
- Outcome: The court found the accused guilty of aggravated outrage of modesty and sentenced him accordingly.
- Category: Substantive
- Related Cases:
- [2018] 3 SLR 1048
- Ill-treatment of Child
- Outcome: The court found the accused guilty of ill-treatment of a child and sentenced him accordingly.
- Category: Substantive
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Aggravated Rape
- Aggravated Sexual Assault by Penetration
- Aggravated Outrage of Modesty
- Ill-treatment of Child
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the sentencing framework for rape offences. |
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing framework for sexual assault by penetration offences. |
| GBR v Public Prosecutor and another appeal | N/A | Yes | [2018] 3 SLR 1048 | Singapore | Cited for the two-step sentencing framework for outrage of modesty offences. |
| Public Prosecutor v Z | N/A | Yes | [2003] SGDC 62 | Singapore | Cited as a comparison case for sentencing in ill-treatment of child offences. |
| Public Prosecutor v BDB | Court of Appeal | Yes | [2018] 1 SLR 127 | Singapore | Cited as a comparison case for sentencing in ill-treatment of child offences. |
| BLV v Public Prosecutor | N/A | Yes | [2019] 2 SLR 726 | Singapore | Cited as a comparison case for sentencing in outrage of modesty offences. |
| Public Prosecutor v Ridhaudin Ridhwan bin Bakri and others | N/A | Yes | [2020] 4 SLR 790 | Singapore | Cited for the proposition that harm caused to victims should not be regarded as an offence-specific aggravating factor as to do so would give this factor double weight. |
| Public Prosecutor v BMF | High Court | Yes | [2019] SGHC 227 | Singapore | Cited as a comparison case for sentencing in outrage of modesty offences. |
| Public Prosecutor v UI | N/A | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited for the proposition that the victim's age should not be overstated as an aggravating factor. |
| Public Prosecutor v Raveen Balakrishnan | N/A | Yes | [2018] 5 SLR 799 | Singapore | Cited for the general rule of consecutive sentences for unrelated offences. |
| Public Prosecutor v BND | High Court | Yes | [2019] SGHC 49 | Singapore | Cited for the general rule of consecutive sentences for unrelated offences. |
| Chang Kar Meng v Public Prosecutor | N/A | Yes | [2017] 2 SLR 68 | Singapore | Cited for the risk of unwanted pregnancy and sexually transmitted diseases as an aggravating factor. |
| Lim Hock Hin Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 1 SLR(R) 37 | Singapore | Cited for the principle of general deterrence in cases of breach of trust. |
| Public Prosecutor v NF | N/A | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited for the difficulty of prosecuting intrafamilial sexual abuse and the importance of general deterrence. |
| Public Prosecutor v Fernando Payagala Waduge Malitha Kumar | High Court | Yes | [2007] 2 SLR(R) 334 | Singapore | Cited for the principle of specific deterrence and the relevance of the length of time an offence has gone undetected. |
| Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the principle of specific deterrence in instances where the crime is premeditated. |
| AQW v Public Prosecutor | N/A | Yes | [2015] 4 SLR 150 | Singapore | Cited for the principle that penetrative sexual activity is regarded as the most serious. |
| Public Prosecutor v ASR | N/A | Yes | [2019] 1 SLR 941 | Singapore | Cited for considering victim impact statements when deciding the punishment. |
| Public Prosecutor v Logmanul Hakim bin Buang | N/A | Yes | [2007] 4 SLR(R) 753 | Singapore | Cited for considering victim impact statements when deciding the punishment. |
| Public Prosecutor v BRH | High Court | Yes | [2020] SGHC 14 | Singapore | Cited for the default position when dealing with aggravated sexual offences is to start at Band 2 of the Terence Ng and Pram Nair frameworks. |
| Public Prosecutor v AOM | N/A | Yes | [2011] 2 SLR 1057 | Singapore | Cited for the downward calibration of the sentence for rape. |
| Mohamed Shouffee bin Adam v Public Prosecutor | N/A | Yes | [2014] 2 SLR 998 | Singapore | Cited for the totality principle. |
| Amin bin Abdullah v Public Prosecutor | High Court | Yes | [2017] 5 SLR 904 | Singapore | Cited for the indicative guidelines for imprisonment in lieu of caning. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) section 375 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) section 376 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) section 354 | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) section 5 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) section 307 | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) section 328(6) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) section 328(2) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) section 318 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual Assault
- Rape
- Outrage of Modesty
- Ill-treatment of Child
- Deterrence
- Retribution
- Abuse of Trust
- Premeditation
- TIC Charges
15.2 Keywords
- sexual assault
- rape
- incest
- child abuse
- sentencing
- deterrence
- retribution
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sentencing | 95 |
| Criminal Law | 95 |
| Criminal Procedure | 95 |
| Child Abuse and Neglect | 80 |
| Children and Young Persons Act | 80 |
| Children's Welfare | 70 |
| Family Law | 30 |
16. Subjects
- Criminal Procedure and Sentencing
- Sentencing Principles
- Benchmark sentences
- Mitigation