Public Prosecutor v BVZ

• Jurisdiction: Singapore
• Judge: Hoo Sheau Peng J
• Judgment Date: 26 March 2019
• Neutral Citation: [2019] SGHC 83
• Court: High Court (Singapore)
• Docket Number: Criminal Case No 10 of 2019
• Year: 2019
• Published date: 21 November 2019
• Hearing Date: 04 March 2019
• Plaintiff Counsel: James Chew and Selene Yap (Attorney-General's Chambers)
• Defendant Counsel: Loh Guo Wei, Melvin (Continental Law LLP)
• Subject Matter: Criminal Procedure and Sentencing,Sentencing,Sexual assault by penetration,Criminal force and assault,Outrage of modesty,Causing hurt by means of poison
• Citation: [2019] SGHC 83

Hoo Sheau Peng J: Introduction

The accused pleaded guilty to and was convicted of the following four charges:

That you, [BVZ]

1ST CHARGE

sometime in September 2016, at [the accused’s flat], Singapore, did penetrate with your penis the mouth of [Victim 1] (Female, [date of birth redacted]), without her consent, and you have thereby committed an offence under section 376(1)(a) and punishable under section 376(3) of the Penal Code (Cap. 224, 2008 Rev Ed).

2ND CHARGE

on 3 July 2017, at about 12.50 am, at the 4th floor of the multi-storey carpark at Joo Chiat Complex, located at 1 Joo Chiat Road, Singapore, did penetrate with your penis the mouth of [Victim 1] (Female, [date of birth redacted]), without her consent, and you have thereby committed an offence under section 376(1)(a) and punishable under section 376(3) of the Penal Code (Cap. 224, 2008 Rev Ed).

3RD CHARGE

on 17 August 2017, at about 6 am, at a staircase landing of [location redacted], Singapore, did cause a poison, namely, Nitrazepam, to be taken by [Victim 2], with intent to facilitate the commission of an offence, namely, sexual penetration of minor under section 376A(l)(a) and punishable under section 376A(2) of the Penal Code (Cap. 224, 2008 Rev Ed), and you have thereby committed an offence punishable under section 328 of the Penal Code (Cap. 224, 2008 Rev Ed).

8TH CHARGE

on 4 October 2016, sometime in the morning, at [the accused’s flat], Singapore, did use criminal force to [Victim 4], (Female, [date of birth redacted]), to wit, by touching her breast, intending to outrage her modesty, and you have thereby committed an offence punishable under section 354(1) of the Penal Code (Cap. 224, 2008 Rev Ed).

Thereafter, I imposed these sentences: First and second charges under section 376(1)(a) of the Penal Code (Cap 224, 2008 Rev Ed) (“Penal Code”): ten years’ imprisonment and eight strokes of the cane on each charge. I shall refer to these as the offences of “sexual assault by penetration”; Third charge under s 328 of the Penal Code: three years’ imprisonment. I shall refer to this as the offence of “causing hurt by means of poison”; and Eighth charge under s 354(1) of the Penal Code: ten months’ imprisonment. I shall refer to this as the offence of “outrage of modesty”.

I ordered the sentences for the first and second charges to run consecutively, with the sentences for the third and eighth charges to run concurrently. The total sentence is 20 years’ imprisonment and 16 strokes of the cane with effect 18 August 2017.

The accused has appealed against his sentence. I now give my reasons for the decision.

Statement of Facts

I summarise the material portions of the Statement of Facts below.

The accused is a 49-year-old male Singaporean.

At the material time, the accused, his wife and their daughter (referred to as Victim 3 (“V3”)), resided together at a flat on the 11th floor of a block of flats (the “flat”). The accused’s wife worked the night shift and would only return to the flat in the morning.

The first, second and fourth victims, Victim 1 (“V1”), Victim 2 (“V2”) and Victim 4 (“V4”) are V3’s female friends from primary school. When the offences were committed against them, they were 14 years old; by the time of the hearing, they were all 16 years old.

Often, V1, V2 and V4 would spend time at the flat. They would occasionally stay overnight. In particular, V1 and V3 were close friends since childhood; V1 stayed on the 12th floor of the same block of flats.

On 17 August 2017, at about 6.09am, the police received a 999-call seeking police assistance at the flat. Upon arrival at the flat at about 6.22am, the police officers met V1, V2 and V3. They interviewed the victims, and seized, inter alia, some “Epam Nitrazepam BP 5mg” pills from the flat. Thereafter, the accused was arrested.

The first sexual assault by penetration offence

One night in September 2016, V1 went to V3’s flat to get some instant noodles from V3. The accused was alone at home. He opened the door. V1 went in to collect the instant noodles from the living room. As V1 was about to leave, the accused told her that there was “something” outside the flat, and not to go home yet. As such, V1 waited in the flat.

After some time, V1 told the accused that she wanted to go home. As the accused went to the door to open it for her, he suddenly pretended to be spiritually possessed. He acted strangely, performing “silat” moves and speaking in a deep voice. The accused then removed his T-shirt, pulled down his jeans, and moved nearer to V1. In Malay, he told her that if she wanted him to become normal again, she had to give him a “blow job”.

At that time, V1 was feeling very afraid. She was seated on the floor against the wall with her eyes closed. The accused proceeded to kneel in front of V1. When V1 opened her eyes, she saw that he was completely naked and that his penis was erect. The accused then asked V1 to open her mouth. She told him that she did not want to. The accused continued to ask her to open her mouth. Out of fear, V1 relented and opened her mouth. While still kneeling, the accused then put his penis in V1’s mouth and instructed her to suck his penis as he moved his penis in and out of her mouth. For a few minutes, this continued until the accused ejaculated in V1’s mouth. Then, the accused instructed V1 to swallow his semen. She did as he told.

Thereafter, the accused ran out of the flat. When he ran back into the flat, he pretended to return to normal, and asked V1 what had happened. Then, the accused got dressed. He gave V1 a cup of water, apologised to her and told her not to tell anyone about what had happened. After some time, the accused brought V1 back to her flat.

V1 did not consent to the accused penetrating her mouth with his penis.

Outrage of modesty offence

Sometime in late September 2016, V4 had run away from home and was at the flat with V3, when she told the accused of her running away from home. The accused allowed V4 to stay at the flat. Thereafter, V4 would sleep in the bedroom with V3 at night. The accused would sleep in the living room, while his wife worked night shifts.

On 4 October 2016, sometime in the morning, V4 was asleep alone in the bedroom at the flat. By then, V3 had left for school. The accused entered the bedroom and woke V4 up. He told her that he wanted her to satisfy him.

The accused then touched V4’s breast over her T-shirt. Quickly, V4 took a pillow to cover her chest. Then, the accused then told V4 that that she was staying for free at the flat, and he wanted her to give him a “blow job”. V4 was frightened and began crying. Pretending that she needed to relieve herself, V4 quickly went to the toilet. In the toilet, V4 sent text messages to V2 to seek help. In turn, V2 informed V3 of what had happened. V3 then approached one of her teachers to seek help.

Later that morning, two teachers from V3’s secondary school arrived at the flat. They escorted V4 away.

The second sexual assault by penetration offence

After the previous incident, V1 only went to the flat when she was with V3.

On the night of 2 July 2017, V1 was watching movies with V3 in V3’s bedroom. After V3 fell asleep, V1 went out of the bedroom to use the toilet. she saw the accused who was in the living room. The accused asked her where a “LAN” gaming shop she and V3 frequented was. V1 replied that it was at Geylang Lorong 42. The accused asked her to bring him there. V1 wanted to wake V3 up but the accused told her not to.

The accused and V1 then rode to the LAN gaming shop on the accused’s electronic bicycle. When they got there, V1 asked the accused if she could meet with her friends. He did not allow her to. Instead, the accused brought her to his friend’s house at Chai Chee. They then left at about midnight. While they were on the way back to the flat, the accused’s electronic bicycle’s battery went flat. He parked it at a “Caltex” petrol kiosk nearby. Then, the accused brought V1 to the fourth floor of the multi-storey carpark of Joo Chiat Complex, which was a short walk away. This was at about 12.50am of 3 July 2017.

At the multi-storey carpark, the accused asked V1 to give him a “blow job”. V1 started crying and told the accused that she did not want to. The accused told her that this would be the last time, and that he would not disturb her anymore after this. V1 refused again. The accused became angry, and he continued to ask V1 to give him a “blow job”. When V1 continued to refuse, the accused held her neck with his hand and threatened to punch her, while making a gesture of punching her stomach. V1 kept quiet and continued crying, feeling helpless and afraid for her safety.

The accused then unzipped his jeans and took out his penis. Out of fear, V1 complied with the accused’s demand and knelt down. The accused then inserted his penis into her mouth, moving it in and out. After some time, the accused ejaculated in V1’s mouth. She spat the semen out.

The accused then called for a private-hire car and they returned to the flat. The accused told V1 to take care of V3 and went out again. V1 did not consent to the accused penetrating her mouth with his penis.

Causing hurt by means of poison offence

On 16 August 2017, sometime at night, V1, V2 and V3 were at the flat together. The accused was not at home. They took the accused’s electronic bicycle to go out.

Sometime past 3.00am on 17 August 2017, they returned to the flat. When the accused returned to the flat at about 5.00am, he was angry with V3 for using his electronic bicycle without his permission.

At about 6.00am, the accused then asked to speak to either V1 or V2 individually outside the flat at a staircase landing. When both of them refused, the accused brought V3 to the staircase landing. After speaking to V3 for a while, he instructed her to go back to the flat to ask either V1 or V2 to come,...