PUBLIC PROSECUTOR v BQW

PUBLIC PROSECUTOR v BQW

Having assessed offence-specific factors as placing the conduct in the low to mid-range of Band 2 for digital penetration, set a starting point of 11 years 3 months per count, applied a discount for guilty plea to reach 10 years per count, ordered two of the sentences to run consecutively and one concurrent yielding...

Source-derived case information.

Citation
[2018] SGHC 136
Parties
Prosecutor: Public Prosecutor; Accused: BQW
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
4 June 2018
Case Number
HC/CC 91/2017
Procedural Posture
Criminal / Sentencing (prosecution Appeal Filed)
Outcome
Accused convicted on charges 1, 7 and 12; sentenced to 10 years' imprisonment on each; sentences for charges 1 and 7 to run consecutively and sentence for charge 12 to run concurrently with charge 1; aggregate imprisonment 20 years; no caning ordered; remaining charges taken into consideration; Prosecution filed...
Legal Topics
Sexual Assault by Penetration, Digital Penetration, Abuse of Trust, Sentencing Bands and Guidelines, Aggravating and Mitigating Factors
Source Language
english
Criminal Law Sexual Offences Sentencing Child Protection Law Sexual Assault by Penetration Digital Penetration Abuse of Trust Sentencing Bands and Guidelines +1 more

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Summary, issues, holding and outcome

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Parties

Public Prosecutor

Prosecutor

BQW

Accused

Procedural Posture

Criminal / Sentencing (prosecution Appeal Filed)

Legal Issues

  1. 1 Appropriate sentence for repeated digital penetration of a child under 14
  2. 2 Applicability and weight of aggravating and mitigating factors including abuse of trust, duration and planning
  3. 3 Application of sentencing bands in Pram Nair and Terence Ng

Ratio Decidendi

Having assessed offence-specific factors as placing the conduct in the low to mid-range of Band 2 for digital penetration, set a starting point of 11 years 3 months per count, applied a discount for guilty plea to reach 10 years per count, ordered two of the sentences to run consecutively and one concurrent yielding an aggregate 20 years, declined to impose additional imprisonment in lieu of caning and declined caning because offender is over 50.

Court Disposition

Accused convicted on charges 1, 7 and 12; sentenced to 10 years' imprisonment on each; sentences for charges 1 and 7 to run consecutively and sentence for charge 12 to run concurrently with charge 1; aggregate imprisonment 20 years; no caning ordered; remaining charges taken into consideration; Prosecution filed...

Orders

  • Convicted on charges 1, 7 and 12.
  • Sentenced to 10 years' imprisonment for each of charges 1, 7 and 12.