Public Prosecutor v Muhammad Nazri bin Sapar

• Jurisdiction: Singapore
• Judge: Kow Keng Siong
• Judgment Date: 16 November 2022
• Neutral Citation: [2022] SGDC 273
• Court: District Court (Singapore)
• Docket Number: District Arrest Case No 922192 of 2021 and others
• Published date: 23 November 2022
• Year: 2022
• Hearing Date: 16 November 2022,26 October 2022,15 July 2022
• Plaintiff Counsel: DPP Lim Ying Min (Attorney-General's Chambers)
• Defendant Counsel: Kalaithasan s/o Karuppaya (Regent Law LLC)
• Subject Matter: Criminal Procedure and Sentencing,Sentencing,Sentencing approach for s 419 of the Penal Code (Cap 224, 2008 Rev Ed) involving a sex scam,Sentencing approach for s 384 of the Penal Code (Cap 224, 2008 Rev Ed) involving a threat to post nude photographs on the Internet to induce the victim to send sexual photographs and video,Sentencing precedent for s 506 read with s 507 of the Penal Code (Cap 224, 2008 Rev Ed) involving a threat to post nude photographs on the Internet
• Citation: [2022] SGDC 273

District Judge Kow Keng Siong: Introduction

In Wong Tian Jun De Beers v Public Prosecutor [2021] SGHC 273 (“Wong Tian Jun”), the High Court formulated a sentencing matrix for s 417 of the Penal Code (Cap 224, 2008 Rev Ed) (“the Penal Code”). This matrix applies to offenders who have cheated their victims into providing “free” sexual acts and sexual images of themselves (“sex scam”). Is the sentencing matrix applicable to sex scam offenders convicted under s 419 of the Penal Code – and if so, how? This issue is raised in the present case.

The offender is Muhammad Nazri bin Sapar (“the Accused”). Arising from a series of sex scams that he had committed, the Accused faces a total of 46 charges for (a) cheating by personation, (b) extortion, (c) transmission of sexually explicit photographs and videos (“sexual materials”), (d) possession of obscene films and films without valid certification, (e) having procured a woman for the purpose of prostitution, and (f) voluntarily causing hurt. Save for the offence of voluntarily causing hurt, the rest of the offences were committed from 2014 to 2018 against five female victims.

The Accused has pleaded guilty to 15 charges and has consented to the remaining charges to be taken into consideration for the purpose of sentencing. The proceeded charges are as follows:

s/n	Charge	Offence	Brief details
(1)	DAC-922192-2021	S 419 Penal Code	November 2014 Deceived Victim 1 into performing fellatio
(2)	DAC-922193-2021	S 419 Penal Code	April 2015 Deceived Victim 1 into performing fellatio and anal sex
(3)	DAC-922194-2021	S 506 p/u s 507 Penal Code	18 – 19 April 2015 Threatened to post Victim 1’s nude photographs on the Internet, to inform her family of her nude photographs and that she had prostituted herself with intent to cause alarm to Victim 1
(4)	DAC-922198-2021	S 384 Penal Code	26 – 27 April 2015 Threatened to publish Victim 1’s nude photographs on the Internet and to show her sister her nude photographs to induce Victim 1 to send the Accused photographs of herself in underwear and of herself fellating a man
(5)	DAC-922199-2021	S 506 p/u s 507 Penal Code	8 September 2016 Sent an email to Victim 1 containing a photograph of her in underwear and threatening, “Better reply”, with intent to cause alarm to Victim 1
(6)	DAC-922202-2021	S 419 Penal Code	18 September 2017 Deceived Victim 2 to send to the Accused 6 videos of herself performing a sexual act, 2 videos of her vagina, 2 photographs showing her buttocks, 1 photograph of herself in underwear and 1 photograph of her underwear
(7)	DAC-922207-2021	S 419 Penal Code	28 September 2017 Deceived Victim 2 to send to the Accused 2 videos of herself performing a sexual act, 1 video of her vagina, 4 photographs showing her buttocks and 3 photographs of herself in underwear
(8)	DAC-922208-2021	S 419 Penal Code	30 November 2017 Deceived Victim 2 to send to the Accused 3 videos of her smelling her vaginal discharge, 2 videos of herself performing a sexual act, 1 video of her underwear, 4 photographs of herself in underwear, 3 photographs showing her breasts, 5 photographs of her vagina and 2 photographs showing her buttocks
(9)	DAC-922210-2021	S 419 Penal Code	2 December 2017 Deceived Victim 2 to send to the Accused 1 video of her doing a sexual act, 3 videos of her smelling her vaginal discharge, 1 video of her underwear, 1 photograph showing her breasts, 2 photographs showing her buttocks and 1 photograph of herself in underwear
(10)	DAC-922211-2021	S 419 Penal Code	4 December 2017 Deceived Victim 2 to send to the Accused 2 videos of her doing a sexual act, 2 videos of her smelling her vaginal discharge, 1 video of her underwear, 3 photographs showing her buttocks and 1 photograph of herself in underwear
(11)	DAC-922218-2021	S 419 Penal Code	19 January 2018 Deceived Victim 2 to send to the Accused 2 videos of her performing a sexual act, 2 videos of her using her underwear to wipe her vaginal discharge on a dildo, 1 photograph showing her buttocks, 2 photographs of her in underwear and 3 photographs of her underwear
(12)	DAC-922222-2021	S 292(1)(a) r/w s 109 Penal Code	5 April 2018 Instigated Victim 2 to encourage Victim 3 and Victim 4 to transmit their obscene photographs and videos to the Accused
(13)	DAC-922223-2021	S 419 Penal Code	4 – 5 April 2018 Deceived Victim 3 to send to the Accused 2 videos of her performing a sexual act, 1 video of her smelling and licking her underwear, 4 photographs exposing her buttocks and 4 photographs of her underwear
(14)	DAC-922226-2021	S 419 Penal Code	4 – 5 April 2018 Deceived Victim 4 to send to the Accused 2 videos of her performing a sexual act and 2 photographs of her in underwear
(15)	DAC-922227-2021	S 419 r/w s 511 Penal Code	4 – 5 April 2018 Attempted to deceive Victim 5 to send to the Accused her compromising videos and photographs

The facts

The Accused had used social media platforms to perpetuate his sex scams. According to the Statement of Facts to which he had admitted –

6 Sometime in 2014, the accused created an email account, XXX@hotmail.com. With this email, he created a Facebook account, which account name and profile picture was frequently changed. He would pick names belonging to female Malays such as “Shahirah Abbas”, “Shahirah Melak”, “Irah Chocopie” and “Nurul Huda”. He would also use pictures of female Malays obtained from the internet as his profile picture. This allowed him to easily approach female Malays without them being wary. If a female Malay rejected his friend request, he would change the account name and profile picture to approach the same female Malay. The accused was behind these fictitious characters.

The Accused’s sex scams only came to end when the Police managed to establish his identity and arrested him in May 2018.

Facts relating to charges in [3(1)] – [3(5)]

The charges in [3(1)] – [3(5)] involve Victim 1. The Accused had admitted to the following facts relating to these charges: 7. Sometime in November 2014, the accused used his Facebook account “Irah Chocopie” and added [Victim 1] on Facebook. In the course of their conversation over Facebook messenger, [Victim 1] confided in the accused and told him that she was in debt and needed money. The accused suggested that [Victim 1] work as a prostitute. He told her that one “Nurul Huda” will contact her. 8. Posing as “Nurul Huda”, the accused contacted [Victim 1] over Whatsapp and told [Victim 1] that she (referring to “Nurul Huda”) is working as a prostitute under “Shahirah Abbas” (the boss of the purported prostitution ring) and “Hafiz” (the purported pimp of the purported prostitution ring). “Nurul Huda” shared her experience working as a prostitute with [Victim 1]. “Nurul Huda” also told [Victim 1] that in order to join the prostitution ring, she would have to send her nude photographs to “Hafiz” and “Hafiz” would have to try her services. “Nurul Huda” assured [Victim 1] that this was an industry norm that all new prostitutes had to undergo. [Victim 1] agreed to the conditions. [Victim 1] sent her nude photographs to “Hafiz”. She also met up with the accused posing as “Hafiz” and fellated him as she was deceived by the accused to believe that he was a pimp and that she had to do so, in order to join the prostitution ring. For the avoidance of doubt, there was no such prostitution ring. 9. [Victim 1] subsequently joined the purported prostitution ring. The accused, under the guise of “Nurul Huda”, arranged two clients for her. Thereafter, the accused created a username “Lala” (referring to [Victim 1]) in “Alamak Chat” with the following autoreply “if you wish to have sex services, please contact “Lala” at handphone…”. From thereon, all subsequent clients contacted [Victim 1] directly through the “Alamak Chat” set up by the accused. 10. [Victim 1] worked as a prostitute from November 2014 to early April 2015. […] the accused requested that she sent him photographs and videos of her sexual engagements with her clients. [Victim 1] estimated that she sent the accused more than 20 photographs and less than 10 videos (including videos of herself having sexual intercourse with other men) during these six months. On the accused’s request, [Victim 1] would also send him her nude photographs. She did so as “Nurul Huda” told her that her job scope included pleasing the boss and/or pimp of the prostitution ring. […] Sometime in April 2015, the accused contacted [Victim 1] using his email “XXX@hotmail.com” and found out that she had stopped prostitution. Sensing an opportunity, the accused posed as “Nurul Huda” and told [Victim 1] that “Hafiz” was disappointed that she had stopped prostitution without informing him. The accused told [Victim 1] that in order for her to exit the industry, [Victim 1] was to have a session with “Hafiz”. [Victim 1] agreed. During this session, the accused posed as “Hafiz”, the purported pimp, and [Victim 1] fellated the accused and had penile-anal intercourse with him. 12. Thereafter, from April 2015 to May 2018, the accused used the email “XXX@hotmail.com” and sent a series of threatening and harassing emails to [Victim 1]. In these emails, he would send [Victim 1] her compromising photographs and threatened to post these photographs on the internet, let her family know that she was involved in prostitution or to approach [Victim 1]’s sister and get her involved in prostitution. He told [Victim 1] that if she did not want him to carry out these threats, she would have to carry out one of the following options: a. find new girls for him; b. record a video of herself having sexual intercourse with other men...