Public Prosecutor v MW

• Jurisdiction: Singapore
• Judgment Date: 12 July 2002
• Date: 12 July 2002
• Docket Number: Criminal Case No 31 of 2002
• Court: High Court (Singapore)

Public Prosecutor

Plaintiff

and

MW

Defendant

[2002] SGHC 144

Tay Yong Kwang JC

Criminal Case No 31 of 2002

High Court

Criminal Procedure and Sentencing–Sentencing–Principles–Sexual intercourse with daughter aged under 14 years without her consent–Section 376 (2) Penal Code (Cap 224, 1985 Rev Ed)

The accused pleaded guilty to three charges of raping his natural daughter, then under 14 years of age, in his home. The offences were punishable under s 376 (2) of the Penal Code (Cap 224, 1985 Rev Ed), which provided for a minimum and maximum imprisonment term of eight and 20 years respectively, and mandatory caning of not less than 12 strokes.

In his police statement, the accused said that he raped his daughter to exact revenge on his wife for causing him misery. On the basis of several precedents, the Prosecution submitted that his offences should attract imprisonment terms surpassing the mandatory minimum.

Held, sentencing the accused to 24 years' imprisonment and 24 strokes of the cane:

The accused had committed a grave crime against his own flesh and blood, which would have repercussions well beyond the trial. His daughter was not responsible for her mother's alleged misconduct. The court recognised his guilty plea which spared his daughter the agony and embarrassment of testifying, and lack of criminal antecedents as mitigating factors. In the result, the accused was sentenced to 12 years' imprisonment and 12 strokes of the cane for each of the three charges, with the sentences for the first and second charges to run consecutively, and that for the third charge to run concurrently with these two: at [18].

Penal Code (Cap 224, 1985 Rev Ed) s 376 (2) (consd)

Ng Cheng Thiam and Hwong Meng Jet (Deputy Public Prosecutors) for the Prosecution

Accused in person.

Tay Yong Kwang JC

Charges

1 The accused pleaded guilty to three charges of having committed rape against his daughter, then under 14 years of age, by having sexual intercourse with her without her consent, offences punishable under s 376 (2) of the Penal Code (Cap 224). The three incidents of rape took place in February, March and April 2001 in the accused's home. Section 376 (2) of the Penal Code provides for a minimum imprisonment term of eight years and a maximum imprisonment term of 20 years. In addition, caning of not less than 12 strokes is mandatory.

2 The accused is now 38 years old. He is the natural father of the victim, the eldest among four children...