Public Prosecutor v CDL: Sentencing for Sexual Assault of a Minor
In Public Prosecutor v CDL, the High Court of Singapore sentenced CDL to 18 years' imprisonment and 24 strokes of the cane for two counts of sexual assault against his stepdaughter, who was a minor at the time of the offenses. The court considered the principles of deterrence and retribution, the aggravating factors of the offenses, and the mitigating factors of the offender, including his guilty plea and voluntary cessation of abuse. The court ordered the sentences to run consecutively.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Accused sentenced to 18 years' imprisonment and 24 strokes of the cane.
1.3 Case Type
Criminal
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
CDL was sentenced to 18 years' imprisonment and 24 strokes of the cane for sexually assaulting his stepdaughter. The High Court considered deterrence and retribution.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Judgment for Prosecution | Won | Lim Jian Yi of Attorney-General’s Chambers Lim Yu Hui of Attorney-General’s Chambers |
| CDL | Defendant | Individual | Accused found guilty | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Jian Yi | Attorney-General’s Chambers |
| Lim Yu Hui | Attorney-General’s Chambers |
| Muntaz Binte Zainuddin | I.R.B Law LLP |
4. Facts
- The accused sexually assaulted his stepdaughter between September 2014 and October 2015.
- The victim was between nine and 11 years old at the time of the offences.
- The accused penetrated the victim's mouth with his penis on two occasions.
- The accused used a blindfold to deceive the victim during the assaults.
- The victim disclosed the abuse to her cousins in 2019.
- The accused pleaded guilty to the charges.
5. Formal Citations
- Public Prosecutor v CDL, Criminal Case No 29 of 2022, [2022] SGHC 122
6. Timeline
| Date | Event |
|---|---|
| Sexual assaults began | |
| Sexual assaults ended | |
| Victim reported sexual abuse to school counsellor | |
| Matter escalated to the police | |
| Accused arrested | |
| Accused in remand | |
| Judgment issued |
7. Legal Issues
- Sentencing Principles
- Outcome: The court applied the principles of deterrence and retribution in sentencing the accused.
- Category: Substantive
- Sexual Assault by Penetration
- Outcome: The court found the accused guilty of sexual assault by penetration under section 376(1)(a) of the Penal Code.
- Category: Substantive
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Sexual Assault
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pram Nair v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 1015 | Singapore | Established the sentencing framework for cases of sexual assault by penetration. |
| BPH v Public Prosecutor and another appeal | Court of Appeal | Yes | [2019] 2 SLR 764 | Singapore | Applied the Pram Nair framework to all forms of non-consensual penetration under s 376 of the Penal Code. |
| Lim Hock Hin Kelvin v Public Prosecutor | Court of Appeal | Yes | [1998] 1 SLR(R) 37 | Singapore | Stated that abuse of trust and authority justifies a substantial sentence on the ground of general deterrence. |
| Public Prosecutor v NF | High Court | Yes | [2006] 4 SLR(R) 849 | Singapore | Stated that courts must send an unequivocal message to sex offenders that abusing a relationship or position of authority will be met with the harshest penal consequences. |
| Public Prosecutor v Kwong Kok Hing | Court of Appeal | Yes | [2008] 2 SLR(R) 684 | Singapore | Sentences must protect the fabric of society through the defence of communitarian values. |
| GBR v Public Prosecutor and another appeal | Court of Appeal | Yes | [2018] 3 SLR 1048 | Singapore | The fact that sexual exploitation continued for a sustained period is an aggravating factor. |
| Public Prosecutor v CCG | High Court | Yes | [2021] SGHC 207 | Singapore | Distinguished from cases where the penetrative act occurred for only a few seconds. |
| Ng Kean Meng Terence v Public Prosecutor | Court of Appeal | Yes | [2017] 2 SLR 449 | Singapore | The presence of TIC charges may result in an uplift in sentence. |
| Public Prosecutor v UI | High Court | Yes | [2008] 4 SLR(R) 500 | Singapore | The presence of TIC charges may result in an uplift in sentence. |
| Mohamed Shouffee bin Adam v Public Prosecutor | Court of Appeal | Yes | [2014] 2 SLR 998 | Singapore | Outlines the totality principle in sentencing. |
| BWM v Public Prosecutor | Court of Appeal | Yes | [2021] SGCA 83 | Singapore | A global sentence of 20 years’ imprisonment and 24 strokes of the cane was appropriate given the appellant’s abuse of his position of trust and authority, the victim’s young age and the appellant’s premeditation. |
| Public Prosecutor v BLV | High Court | Yes | [2017] SGHC 154 | Singapore | The offender committed a litany of sexual offences against his biological daughter over a period of three years when she was between 11 and 13 years old. |
| BLV v Public Prosecutor | Court of Appeal | Yes | [2019] 2 SLR 726 | Singapore | Increased the sentence for the SAP offence to 12 years’ imprisonment and 12 strokes of the cane, giving rise to an aggregate sentence of 28 years’ imprisonment and 24 strokes of the cane. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 376 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(1)(a) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 376(4)(b) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 511 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 354(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Sexual assault
- Penetration
- Stepdaughter
- Minor
- Blindfold
- Deterrence
- Retribution
- Statement of Facts
- Statement of Facts
- Statement of Facts
15.2 Keywords
- Sexual assault
- Penetration
- Minor
- Sentencing
- Singapore
- Criminal Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Child Sexual Abuse | 95 |
| Sexual Offences | 95 |
| Criminal Procedure | 90 |
| Criminal Law | 90 |
| Sentencing | 90 |
| Children's Welfare | 70 |
| Evidence | 40 |
| Duty of Candour | 30 |
16. Subjects
- Criminal Law
- Sexual Offences
- Child Abuse