Public Prosecutor v Adam bin Darsin

Public Prosecutor v Adam bin Darsin

Fellatio by an adult on boys aged 12–14 constitutes unlawful 'unnatural carnal intercourse' under s377 with consent irrelevant; applying Court of Appeal guidance the appropriate sentence was 10 years per count and, given the number of victims and offences, four 10-year sentences were ordered consecutively and four to run concurrently, producing a total effective term of 40 years from 22 June 2000.

Citation
[2000] SGHC 267
Parties
Prosecution: Public Prosecutor; Accused: Adam bin Darsin
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
6 December 2000
Case Number
CC 73/2000
Procedural Posture
Criminal (sexual Offences Under Penal Code S377) / Sentencing
Outcome
Accused convicted after guilty plea and sentenced to imprisonment; eight charges proceeded with, 15 charges taken into consideration.
Legal Topics
Unnatural Carnal Intercourse, Fellatio, Paedophilia, Sentencing Guidelines, Consent Irrelevant
Source Language
English
Criminal Law Sexual Offences Child Protection Unnatural Carnal Intercourse Fellatio Paedophilia Sentencing Guidelines Consent Irrelevant

Case Brief

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Parties

Public Prosecutor

Prosecution

Adam bin Darsin

Accused

Procedural Posture

Criminal (sexual Offences Under Penal Code S377) / Sentencing

Legal Issues

  1. 1 Whether fellatio between adult male and boys constitutes unnatural carnal intercourse under s377
  2. 2 Whether consent by minors is relevant to s377 offences
  3. 3 Appropriate sentence for paedophilic offences involving boys aged 12–14 under s377

Ratio Decidendi

Fellatio by an adult on boys aged 12–14 constitutes unlawful 'unnatural carnal intercourse' under s377 with consent irrelevant; applying Court of Appeal guidance the appropriate sentence was 10 years per count and, given the number of victims and offences, four 10-year sentences were ordered consecutively and four to run concurrently, producing a total effective term of 40 years from 22 June 2000.

Court Disposition

Accused convicted after guilty plea and sentenced to imprisonment; eight charges proceeded with, 15 charges taken into consideration.

Orders

  • Sentenced to 10 years' imprisonment on each of the eight charges to which he pleaded guilty.
  • Sentences for Charges 8, 12, 14 and 23 to run consecutively with effect from 22 June 2000; the remaining four sentences to run concurrently, producing a total effective imprisonment term of 40 years from 22 June 2000.