Public Prosecutor v CPH: Rape and Carnal Connection Offences - Sentencing
In Public Prosecutor v CPH [2023] SGHC 272, the High Court of Singapore sentenced CPH to 20 years' imprisonment for rape and carnal connection offences. CPH pleaded guilty to one charge of rape of a female under 14 years of age and two charges of having carnal connection with a female under 16 years of age. The court considered the abuse of trust, the victim's vulnerability, and the persistent nature of the offending when determining the sentence.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Accused sentenced to 20 years' imprisonment.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
CPH pleaded guilty to rape and carnal connection charges. The court sentenced him to 20 years' imprisonment, considering the abuse of trust and victim's vulnerability.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Sruthi Boppana of Attorney-General’s Chambers Sheldon Lim of Attorney-General’s Chambers |
| CPH | Defendant | Individual | Defendant sentenced to imprisonment | Lost | Ashwin Ganapathy of Independent Practitioner A Meenakshi of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sruthi Boppana | Attorney-General’s Chambers |
| Sheldon Lim | Attorney-General’s Chambers |
| Ashwin Ganapathy | Independent Practitioner |
| A Meenakshi | Independent Practitioner |
4. Facts
- The Accused had sexual relations with the Victim between 2003 and 2008, when she was between 11 and 17 years old.
- The Accused pleaded guilty to one charge of rape and two charges of carnal connection.
- The Accused was the boyfriend and later the stepfather of the Victim.
- The Accused engaged in sexual intercourse with the Victim about three times a week between 2004 and 2006.
- The Victim's mother discovered a video of the Accused and the Victim engaging in sexual intercourse in 2013.
- The Victim lodged a police report against the Accused on 7 February 2017.
- The Accused had a long list of antecedents, including drug offences, house breaking, theft, robbery, criminal breach of trust, and identity card forgery.
5. Formal Citations
- Public Prosecutor v CPH, Criminal Case No 29 of 2023, [2023] SGHC 272
6. Timeline
| Date | Event |
|---|---|
| Accused began sexual relations with the Victim. | |
| Accused married the Victim's mother. | |
| Accused committed the rape. | |
| Accused engaged in sexual intercourse with the Victim. | |
| Accused engaged in sexual intercourse with the Victim again. | |
| Accused was convicted and imprisoned for other criminal offences. | |
| Accused was released from prison. | |
| Victim's mother discovered a video of the Accused and the Victim engaging in sexual intercourse. | |
| Victim lodged a police report against the Accused. | |
| Judgment delivered. | |
| Judgment date. | |
| Accused commenced serving his sentence. |
7. Legal Issues
- Rape
- Outcome: The court found the accused guilty of rape.
- Category: Substantive
- Related Cases:
- [2017] 2 SLR 449
- Carnal Connection
- Outcome: The court found the accused guilty of carnal connection.
- Category: Substantive
- Related Cases:
- [2001] 2 SLR(R) 876
- Sentencing Principles
- Outcome: The court applied the two-stage sentencing framework set out in Ng Kean Meng Terence v Public Prosecutor [2017] 2 SLR 449.
- Category: Procedural
- Related Cases:
- [2017] 2 SLR 449
8. Remedies Sought
- Imprisonment
9. Cause of Actions
- Rape
- Carnal Connection
10. Practice Areas
- Criminal Law
- Sentencing
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 two-stage sentencing framework for rape offences. |
| Tay Kim Kuan v Public Prosecutor | High Court | Yes | [2001] 2 SLR(R) 876 | Singapore | Cited for the benchmark of one year’s imprisonment for carnal connection charges. |
| Public Prosecutor v ADK | District Court | Yes | [2009] SGDC 472 | Singapore | Cited for the observation that abuse of position, trust or familial relationship would ordinarily call for a sentence of between two to four years’ imprisonment for carnal connection offences. |
| Public Prosecutor v UI | N/A | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited as a case involving multiple sexual assaults committed by a father against his biological daughter. |
| Public Prosecutor v Yue Roger Jr | N/A | Yes | [2019] 3 SLR 749 | Singapore | Cited in relation to the acts of grooming perpetrated by the Accused. |
| Public Prosecutor v BSY | High Court | Yes | [2020] SGHC 170 | Singapore | Cited in relation to the acts of grooming perpetrated by the Accused. |
| Public Prosecutor v BVJ | High Court | Yes | [2022] SGHC 59 | Singapore | Cited in relation to the acts of grooming perpetrated by the Accused. |
| Public Prosecutor v Kunasekaran a/l Ponniah | High Court | Yes | [1993] SGHC 253 | Singapore | Cited to distinguish the present case from one where the victim became pregnant as a result of the offence and had to undergo an abortion. |
| Mehra Radhika v Public Prosecutor | N/A | Yes | [2015] 1 SLR 96 | Singapore | Cited for the question of whether an offender’s actions were deliberate or committed spontaneously on the spur of the moment, and ultimately towards the extent of their criminality and “commitment to the criminal enterprise” |
| Public Prosecutor v BMR | N/A | Yes | [2019] 3 SLR 270 | Singapore | Cited for the inherently violent and intrusive nature of rape, and the significant physical and psychological harm to victims. |
| Public Prosecutor v Ong Soon Heng | High Court | Yes | [2018] SGHC 58 | Singapore | Cited for the question of whether the harm caused was severe enough to bring the case to a higher sentencing band. |
| A Karthik v Public Prosecutor | N/A | Yes | [2018] 5 SLR 1289 | Singapore | Cited for the court may consider rehabilitative progress between the time of an accused person’s offences and the time of sentencing so as to determine whether it would be appropriate to maintain the focus on rehabilitation |
| Praveen s/o Krishnan v Public Prosecutor | N/A | Yes | [2018] 3 SLR 1300 | Singapore | Cited for the principle of rehabilitation may be outweighed by the need for deterrence and retribution where serious sexual crimes are concerned |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 375(e) | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) s 376 | Singapore |
| Women’s Charter (Cap 353, 1997 Rev Ed) s 140(1)(i) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) s 7 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Carnal Connection
- Sentencing
- Abuse of Trust
- Sexual Grooming
- Victim Vulnerability
- Consecutive Sentences
15.2 Keywords
- Rape
- Carnal Connection
- Sentencing
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Sexual Offences | 90 |
| Offences | 85 |
| Sentencing | 80 |
| Criminal Procedure | 70 |
| Theft | 10 |
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences