Public Prosecutor v BDO

• Jurisdiction: Singapore
• Judge: Liew Thiam Leng
• Judgment Date: 09 November 2012
• Neutral Citation: [2012] SGDC 449
• Court: District Court (Singapore)
• Hearing Date: 25 October 2012,02 October 2012
• Docket Number: DAC 16702/12 & ors
• Plaintiff Counsel: DPP Mr Andrew Tan
• Defendant Counsel: D/C Mr Tan Chee Kiong (M/S SEAH ONG & PARTNERS LLP)
• Published date: 28 November 2012

District Judge Liew Thiam Leng:

The accused is facing the following 6 charges:- 1st Charge – section 354(1) of the Penal Code (Cap224) for outraging the modesty of the victim by touching his penis (Exhibit C1); 2nd Charge – section 354(1) of the Penal Code for outraging the modesty of the victim by masturbating him (Exhibit C2); 3rd Charge – section 376A(1)(c) of the Penal Code for sexual penetration with a victim under 16 years of age (Exhibit C3); 4th Charge – section 7 of the Children and Young Persons Act (Cap 38) for an act of masturbation (Exhibit C4); 5th Charge – Possession of obscene films under section 30(2) of the Films Act (Cap 107) (Exhibit C5); 6th Charge – Possession of a film without a valid certificate approving the exhibition under section 21(1)(a) of the Films Act (Cap 107) (Exhibit C6).

The prosecution proceeded on the first three charges ie the two charges on outraging the modesty of a victim below 14 years of age under section 354(1) and punishable under section 354(2) of the Penal Code, and a charge of sexual penetration with a victim below 14 years of age under section 376A(1)(c) and punishable under section 376A(3) of the Penal Code. The accused pleaded guilty to the three proceeded charges (1st, 2nd and 3rd charges) and was convicted accordingly. The remaining 3 charges (4th, 5th and 6th charges) were taken into consideration for the purpose of sentencing. He was sentenced to a total of 6 years imprisonment. He is appealing against the sentence imposed.

Statement of Facts

Facts pertaining to the accused

1 The accused is BDO (“the accused”), a 51 year old male Singaporean bearer of NRIC No. xxx. The accused is employed as a Land Fill Officer at the xxx. During the material times, the accused was also a Unit Captain in charge of the xxx (“the club”) – which was a co-curricular activity – at xxx (“the school”), and had been in such capacity since 2003.

The victim

2 The victim is “B”, a 12 year old male. During the material times, he was only 11 years of age and a member of the club, which was under the charge of the accused, at xxx.

FIR and Investigations

3 On 16 July 2010, at approximately 3:09am, the complainant (who was the victim’s mother Mdm “C”) lodged a police report pertaining to the accused having molested the victim. The complainant came to know of the accused’s improper acts toward the victim after being informed as such by a teacher at the school. 4 Investigations revealed that the accused was acquainted with the victim sometime in the beginning of January 2008 when the latter joined the club at the school. The accused knew that the victim was 11 years of age during the material time. As the Unit Captain of the club, the accused visited the school every Saturday to conduct activities for the club and its members. As a Unit Captain of the club, the accused was in a position of authority and trust vis a vis the members of the club. In particular, the accused was entrusted to train members of the club.

Facts pertaining to the charges

5 Having been acquainted with the victim during the course of activities pertaining to the club, the accused would – at times – bring the victim and other members of the club for meals outside the compounds of the school. With regards to the victim, the accused also invited the former to his residence – located at xxx (“the residence”) – for the ostensible purpose of study. Sometime in March 2010, which was during the school holidays, the accused invited the victim to his residence to study. Prior to this particular occasion, the victim had visited the accused at the residence on at least 2 prior occasions. 6 Immediately upon the victim’s arrival at the residence, the accused asked the victim to take a bath. The victim complied and proceeded to the bathroom to take a bath after closing the door to the bathroom.

Facts pertaining to the 1st charge (DAC 16702 of 2012)

7 Shortly after the victim commenced bathing, the accused knocked on the door of the bathroom and requested that the victim open the door. The victim complied with the accused’s request, and thereafter the accused bathed together with the victim. Whilst doing so, the...