PP v Randy Rosigit: Sentencing Framework for Possessing Child Abuse Material
In Public Prosecutor v Randy Rosigit, the High Court of Singapore heard an appeal by the Public Prosecutor against the sentence imposed on Randy Rosigit for possessing child abuse material under s 377BK(1) of the Penal Code. The court, comprising Sundaresh Menon CJ, Tay Yong Kwang JCA, and Vincent Hoong J, established a Logachev-style sentencing framework for such offenses, considering factors of harm and culpability. Ultimately, the court allowed the appeal and increased Rosigit's sentence from six weeks to eight months' imprisonment, emphasizing the need for deterrence in combating the demand for child abuse material.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court established a sentencing framework for possessing child abuse material under s 377BK(1) of the Penal Code, increasing the respondent's sentence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Tai Wei Shyong of Attorney-General’s Chambers Gail Wong of Attorney-General’s Chambers Etsuko Lim of Attorney-General’s Chambers |
| Randy Rosigit | Respondent | Individual | Sentence Increased | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Vincent Hoong | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tai Wei Shyong | Attorney-General’s Chambers |
| Gail Wong | Attorney-General’s Chambers |
| Etsuko Lim | Attorney-General’s Chambers |
| Dhillon Surinder Singh | Dhillon & Panoo LLC |
| Quay Wee Meng Andrew | Dhillon & Panoo LLC |
4. Facts
- Respondent pleaded guilty to possessing child abuse material.
- Respondent accessed child abuse material on the dark web.
- Respondent downloaded child abuse material from a Telegram chat group.
- The child abuse material included images and videos of young girls engaged in sexual acts.
- The respondent used the TOR Browser to access the dark web.
- The respondent paid Bitcoin for access to a website containing child abuse material.
- The respondent's home was raided by the police.
5. Formal Citations
- Public Prosecutor v Randy Rosigit, Magistrate’s Appeal No 9008 of 2023/01, [2024] SGHC 171
- Public Prosecutor v Randy Rosigit, , [2023] SGDC 59
6. Timeline
| Date | Event |
|---|---|
| Parliament introduced amendments to the Penal Code to deal with child abuse material. | |
| Section 377BK of the Penal Code came into operation. | |
| Respondent gained access to child abuse material via a website on the dark web. | |
| Respondent joined a Telegram chat group where pornography was shared. | |
| Respondent was found to possess two still images and six videos depicting child abuse. | |
| Respondent was found to possess 119 obscene films. | |
| District Judge sentenced the respondent to six weeks’ imprisonment. | |
| Court hearing. | |
| Court hearing. | |
| Grounds of decision delivered. |
7. Legal Issues
- Sentencing Framework for Possession of Child Abuse Material
- Outcome: The court established a Logachev-style sentencing framework for offences under s 377BK(1) punishable under s 377BK(2) of the Penal Code.
- Category: Substantive
- Related Cases:
- [2016] SGHC 75
- [2023] 3 SLR 1221
- [2018] 4 SLR 609
8. Remedies Sought
- Increased Sentence
9. Cause of Actions
- Possession of Child Abuse Material
10. Practice Areas
- Criminal Law
- Sentencing Guidelines
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chan Chun Hong v Public Prosecutor | High Court | Yes | [2016] SGHC 75 | Singapore | Considered in relation to sentencing for offences under s 377BK of the Penal Code. |
| Public Prosecutor v GED and other appeals | Court of Appeal | Yes | [2023] 3 SLR 1221 | Singapore | Cited for the principle that an appellate court should not lay down a sentencing framework for an offence that is not before the court. |
| Logachev Vladislav v Public Prosecutor | Court of Appeal | Yes | [2018] 4 SLR 609 | Singapore | Cited as the basis for the sentencing framework adopted by the court for the Possession Offence. |
| Ng Kean Meng Terence v Public Prosecutor | High Court | Yes | [2017] 2 SLR 449 | Singapore | Cited in relation to the two-step sentencing bands approach. |
| Mohd Akebal s/o Ghulam Jilani v Public Prosecutor and another appeal | Court of Appeal | Yes | [2020] 1 SLR 266 | Singapore | Cited for the principle that sentencing frameworks should provide workable guidance to guide sentencing courts towards an appropriate sentence. |
| Angliss Singapore Pte Ltd v Public Prosecutor | High Court | Yes | [2006] 4 SLR(R) 653 | Singapore | Cited for the principle that sentencing frameworks should not aim for mathematical precision. |
| Goh Ngak Eng v Public Prosecutor | Court of Appeal | Yes | [2023] 4 SLR 1385 | Singapore | Cited for the principle that sentencing frameworks should be constructed with a view on clarity and with a focus on avoiding excessive complexity and consequent unworkability. |
| Leong Sow Hon v Public Prosecutor | Court of Appeal | Yes | [2021] 3 SLR 1199 | Singapore | Cited for the principle that sentencing frameworks need not cater for all eventualities that might arise. |
| Vasentha d/o Joseph v Public Prosecutor | Court of Appeal | Yes | [2015] 5 SLR 122 | Singapore | Cited for the principle that attempts to conceal the offence have been often regarded as a relevant aggravating factor. |
| Public Prosecutor v Ong Chee Heng | High Court | Yes | [2017] 5 SLR 876 | Singapore | Cited for the principle that group offending may encourage and spur more criminal activity and result in a higher degree of actual and potential harm. |
| Ye Lin Myint v Public Prosecutor | High Court | Yes | [2019] 5 SLR 1005 | Singapore | Cited for the principle that the offender’s motive in committing the offence is relevant. |
| Sue Chang v Public Prosecutor | Court of Appeal | Yes | [2023] 3 SLR 440 | Singapore | Cited in relation to Logachev-style sentencing frameworks. |
| Wong Meng Hang v Singapore Medical Council and other matters | Court of Appeal | Yes | [2019] 3 SLR 526 | Singapore | Cited in relation to Logachev-style sentencing frameworks. |
| Chan Chun Hong v Public Prosecutor | Court of Appeal | Yes | [2016] 3 SLR 465 | Singapore | Cited in relation to consumption of child abuse material leading to addiction and escalated offending. |
| Public Prosecutor v Su Jiqing Joel | High Court | Yes | [2021] 3 SLR 1232 | Singapore | Cited for the principle that an imposition of a fine in addition to imprisonment may be warranted in certain situations. |
| Public Prosecutor v BMR | High Court | Yes | [2019] 3 SLR 270 | Singapore | Cited in relation to the weight given to TIC charges. |
| Public Prosecutor v UI | High Court | Yes | [2008] 4 SLR(R) 500 | Singapore | Cited in relation to the weight given to similar type of offences. |
| Chen Weixiong Jerriek v Public Prosecutor | High Court | Yes | [2003] 2 SLR(R) 334 | Singapore | Cited in relation to the respondent not being considered a first-time offender given his TIC charges. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 377BK | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 377C | Singapore |
| Films Act (Cap 107, 1998 Rev Ed) s 30(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Child Abuse Material
- Sentencing Framework
- Possession Offence
- Logachev-style framework
- Harm Factors
- Culpability Factors
- TOR Browser
- Dark Web
- Telegram Chat Group
15.2 Keywords
- child abuse material
- sentencing
- criminal law
- sexual offences
- penal code
- possession
- deterrence
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Law | 95 |
| Sexual Offences | 95 |
| Sentencing | 90 |
| Criminal Procedure | 90 |
16. Subjects
- Criminal Law
- Sentencing
- Child Abuse
- Cybercrime