PP v CSK: Sexual Offences, Exploitative Relationship & Sentencing
In Public Prosecutor v CSK, before the General Division of the High Court of Singapore on 31 October 2023, CSK was convicted of sexual offences against a 15-year-old minor in an exploitative relationship. The court, presided over by Mavis Chionh Sze Chyi J, sentenced CSK to 17 years' imprisonment with an additional 12 months in lieu of caning, emphasizing deterrence and retribution due to the victim's vulnerability and the serious nature of the offences.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to a total of 17 years’ imprisonment, with an additional 12 months’ imprisonment in lieu of caning.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving sexual offences against a minor in an exploitative relationship, focusing on sentencing principles and victim 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 Grace Teo of Attorney-General’s Chambers |
| CSK | Defendant | Individual | Convicted and Sentenced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Mavis Chionh Sze Chyi | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sruthi Boppana | Attorney-General’s Chambers |
| Grace Teo | Attorney-General’s Chambers |
| Ambalavanar Ravidass | Regal Law LLC |
4. Facts
- The victim was 15 years old at the time of the offences and has an extremely low IQ.
- The accused was 64 years old and an employee of the People’s Association.
- The accused had a good relationship with the victim’s family and would assist them.
- The accused took the victim to his office and committed sexual offences against her on multiple occasions.
- The accused took photographs and videos of the sexual acts.
- The accused attempted to obstruct the course of justice by asking Mr. A to remain quiet.
- The victim experienced suicidal ideation and difficulty sleeping as a result of the offences.
5. Formal Citations
- Public Prosecutor v CSK, Criminal Case No 37 of 2023, [2023] SGHC 312
6. Timeline
| Date | Event |
|---|---|
| Accused became acquainted with the victim’s grandaunt. | |
| Accused started working at the Resident’s Network. | |
| Accused committed sexual offences against the victim. | |
| Accused committed sexual offences against the victim. | |
| Accused committed sexual offences against the victim. | |
| Accused caught committing sexual offences against the victim. | |
| Police report lodged and the accused was arrested. | |
| Prosecution and Defence submitted arguments on sentence. | |
| Hearing for clarification from the Prosecution. | |
| Prosecution and Defence tendered further submissions on sentence. | |
| Judgment reserved. |
7. Legal Issues
- Sentencing for Sexual Offences
- Outcome: The court determined the appropriate sentencing framework and calibrated the sentence based on aggravating and mitigating factors, ultimately sentencing the accused to 17 years’ imprisonment with an additional 12 months in lieu of caning.
- Category: Substantive
- Sub-Issues:
- Appropriate sentencing framework
- Aggravating factors
- Mitigating factors
- Totality principle
- Related Cases:
- [2017] 2 SLR 1015
- [2017] 2 SLR 449
- [2008] 4 SLR(R) 500
- [2023] 4 SLR 604
- [2018] 1 SLR 127
- [2019] 2 SLR 764
- [2023] SGCA 19
- [2018] 5 SLR 799
- [2017] 2 SLR 68
- [2023] 3 SLR 1221
- [2011] 2 SLR 1057
- [2004] 2 SLR(R) 93
- [2019] 3 SLR 1146
- [2022] 4 SLR 805
- [2019] 3 SLR 709
- [2020] 1 SCR 424
- [2006] 4 SLR(R) 849
- [1992] 1 SLR(R) 63
- [2008] 1 SLR(R) 601
- [2021] 4 SLR 1086
- [2015] 4 SLR 150
- [2007] 2 SLR(R) 814
- [2021] SGHC 78
- [2021] SGCA 106
- [2023] SGCA 30
- [2020] SGCA 42
- [2014] 2 SLR 998
- [2017] 5 SLR 904
- [2018] SGCA 32
- [2016] 4 SLR 1300
- [2016] 5 SLR 166
- Exploitative Relationship
- Outcome: The court considered the existence and nature of the exploitative relationship in determining the appropriate sentence, emphasizing the power imbalance and compromised consent of the minor.
- Category: Substantive
- Sub-Issues:
- Definition of exploitative relationship
- Impact on sentencing
- Power imbalance
- Compromised consent
- Related Cases:
- [2023] 4 SLR 604
- [2017] 2 SLR 449
- [2018] 5 SLR 799
- [2023] 3 SLR 1221
- [2011] 2 SLR 1057
- [2015] 4 SLR 150
8. Remedies Sought
- Imprisonment
- Additional Imprisonment in Lieu of Caning
9. Cause of Actions
- Sexual Penetration of a Minor
- Sexual Exploitation
- Production of Child Abuse Material
- Attempted Sexual Penetration
- Possession of Obscene Films
- Obstruction of Justice
10. Practice Areas
- Criminal Law
- Sexual Offences
- Sentencing
11. Industries
- Government
- Social Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Cited for the sentencing framework applicable to sexual assault offences. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | Cited for the paradigmatic example of a Band 2 case involving the rape of a particularly vulnerable victim coupled with evidence of an abuse of position. |
| Public Prosecutor v UI | Unknown | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited for the principle that a child who experienced serious sexual assault at the hands of someone who was supposed to care for and protect her would suffer indelible psychological scars. |
| ABC v Public Prosecutor | Unknown | Yes | [2023] 4 SLR 604 | Singapore | Cited for the comments made by Sundaresh Menon CJ on the existence and nature of the exploitative relationship as an aggravating factor in the application of the Pram Nair framework. |
| Public Prosecutor v BDB | Unknown | Yes | [2018] 1 SLR 127 | Singapore | Cited for the principle that in the context of sentencing offences of voluntarily causing grievous hurt, the degree of hurt would be a primary indicator of the seriousness of the offence in determining the appropriate sentence. |
| BPH v Public Prosecutor and another appeal | Unknown | Yes | [2019] 2 SLR 764 | Singapore | Cited for affirming the Pram Nair framework to cover all forms of sexual assault by penetration under s 376 of the Penal Code. |
| CJH v Public Prosecutor | Court of Appeal | Yes | [2023] SGCA 19 | Singapore | Cited for extending the Pram Nair framework to offences of penile-anal and oral penetration of a minor below the age of 14 punishable under s 376A(3) of the Penal Code. |
| Public Prosecutor v Raveen Balakrishnan | Unknown | Yes | [2018] 5 SLR 799 | Singapore | Cited for the principle that a clear situation in which double counting occurs is when a factor that is an essential element of the charge is taken also as an aggravating factor enhancing the sentence within the range of applicable sentences for that charge. |
| Chang Kar Meng v Public Prosecutor | Unknown | Yes | [2017] 2 SLR 68 | Singapore | Cited for the principle that a clear situation in which double counting occurs is when a factor that is an essential element of the charge is taken also as an aggravating factor enhancing the sentence within the range of applicable sentences for that charge. |
| Public Prosecutor v GED and other appeals | Unknown | Yes | [2023] 3 SLR 1221 | Singapore | Cited for the principle that it is necessary to identify the essential normative considerations inherent in the elements of an exploitative relationship which justify the imposition of the enhanced punishment in s 376A(2)(a). |
| Public Prosecutor v AOM | Unknown | Yes | [2011] 2 SLR 1057 | Singapore | Cited for the harm underlying consensual sexual activity by minors. |
| Annis bin Abdullah v PP | Unknown | Yes | [2004] 2 SLR(R) 93 | Singapore | Cited for the principle that young victims should be those under 16 years of age and that consent is irrelevant for the purposes of sentencing under s 377 of the Penal Code (1985 Rev Ed) for the offence of carnal intercourse against the order of nature. |
| Public Prosecutor v Tan Meng Soon Bernard | Unknown | Yes | [2019] 3 SLR 1146 | Singapore | Cited for the principle that sexual offences, and penetrative sexual offences in particular, represent a grave intrusion into the sexual integrity of minors. |
| Wong Tian Jun De Beers v Public Prosecutor | Unknown | Yes | [2022] 4 SLR 805 | Singapore | Cited for the principle that sexual offences, and penetrative sexual offences in particular, represent a grave intrusion into the sexual integrity of minors. |
| Public Prosecutor v ASR | Unknown | Yes | [2019] 3 SLR 709 | Singapore | Cited for the principle that sexual offences, and penetrative sexual offences in particular, represent a grave intrusion into the sexual integrity of minors. |
| R v Friesen | Supreme Court of Canada | Yes | [2020] 1 SCR 424 | Canada | Cited for the principle that the focus of the sexual offences scheme is not on sexual propriety but rather on wrongful interference with sexual integrity. |
| Public Prosecutor v NF | Unknown | Yes | [2006] 4 SLR(R) 849 | Singapore | Cited for the principle that the physical, emotional, and psychological scars inflicted on victims of serious sexual offences are irretrievable and severe. |
| Chia Kim Heng Frederick v PP | Unknown | Yes | [1992] 1 SLR(R) 63 | Singapore | Cited for the principle that the physical, emotional, and psychological scars inflicted on victims of serious sexual offences are irretrievable and severe. |
| Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik | Unknown | Yes | [2008] 1 SLR(R) 601 | Singapore | Cited for the wrongfulness behind the sexual exploitation of minors, in the narrow sense of treating them as objects for sexual gratification. |
| GCM v Public Prosecutor and another appeal | Unknown | Yes | [2021] 4 SLR 1086 | Singapore | Cited for the principle that seeking to exploit the known vulnerabilities of a young child was an especially reprehensible and calculated manner of behaviour which engaged considerations of deterrence. |
| AQW v Public Prosecutor | Unknown | Yes | [2015] 4 SLR 150 | Singapore | Cited for the principle that conduct that treats minors as sexual objects to be exploited for an accused’s personal gratification invites considerations of deterrence and retribution in sentencing. |
| Public Prosecutor v Law Aik Meng | Unknown | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited for the concerns of general deterrence weighing heavily in favor of the imposition of a more severe sentence to deter would-be offenders from preying on vulnerable victims. |
| Yap Lee Kok v Public Prosecutor | High Court | Yes | [2021] SGHC 78 | Singapore | Cited for the principle that initiating conversations of a sexual nature or sending lewd photographs to the minor might indicate premeditation and persistence and thereby give rise to separate aggravating factors. |
| Muhammad Alif bin Ab Rahim v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 106 | Singapore | Cited for the principle that a deliberate step to conceal offending would in turn give rise to a separate aggravating factor. |
| Mustapah bin Abdullah v Public Prosecutor | Court of Appeal | Yes | [2023] SGCA 30 | Singapore | Cited for the principle that there was no offence-specific aggravating factor of abuse of trust and authority present on the facts. |
| Isham bin Kayubi v Public Prosecutor | Court of Appeal | Yes | [2020] SGCA 42 | Singapore | Cited for the principle of recording sexual acts on a mobile phone as an aggravating factor. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Unknown | Yes | [2014] 2 SLR 998 | Singapore | Cited for the totality principle. |
| Amin bin Abdullah v Public Prosecutor | Unknown | Yes | [2017] 5 SLR 904 | Singapore | Cited for the principle that enhancement of the sentence in lieu of caning is warranted. |
| Public Prosecutor v Chua Hock Leong | Court of Appeal | Yes | [2018] SGCA 32 | Singapore | Cited for the principle that considerations of general deterrence applied to adults over the age of 50 who might otherwise commit such sexual offences against minors. |
| Public Prosecutor v Lee Ah Choy | Unknown | Yes | [2016] 4 SLR 1300 | Singapore | Cited for the principle that the harm caused to the victim’s family is relevant in assessing the harm caused as a result of the accused’s offending. |
| Public Prosecutor v Ong Jack Hong | Unknown | Yes | [2016] 5 SLR 166 | Singapore | Cited for the principle that minors below 16 are vulnerable to such a degree that they are taken to be incapable of consenting. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(1)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(2)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 377CA | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(2) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(3) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(3) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376A(1)(a) | Singapore |
| Films Act (Cap 107, 1998 Rev Ed) | Singapore |
| Children and Young Persons Act (Cap 38, 2001 Rev Ed) | Singapore |
| Criminal Procedure Code 2010 (2020 Rev Ed) s 325(1)(b) | Singapore |
| Criminal Procedure Code 2010 (2020 Rev Ed) s 325(2) | Singapore |
| Criminal Procedure Code 2010 (2020 Rev Ed) s 307(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual Offences
- Exploitative Relationship
- Sentencing
- Vulnerable Victim
- Premeditation
- Severe Harm
- Deterrence
- Retribution
- Pram Nair Framework
- Abuse of Trust
- Coercion
- Deception
15.2 Keywords
- Sexual Offences
- Exploitation
- Minor
- Sentencing
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sexual Offences | 95 |
| Sentencing | 80 |
| Criminal Law | 75 |
| Criminal Procedure | 75 |
| Children and Young Persons Act | 60 |
16. Subjects
- Criminal Law
- Sentencing
- Sexual Offences
- Exploitation