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Public Prosecutor v BMD [2013] SGHC 235
[2013] SGHC 235
General Division of the High Court of Singapore6 Nov 2013Criminal Case No 5 of 2012
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Cited in 7 later decisions. No negative treatment detected.
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“ovision, the judges decided not to enhance the sentence of imprisonment on account of the additional strokes of the cane that the offenders were exempted from. The first case, Public Prosecutor v BMD [2013] SGHC 235 (“BMD”), concerned an accused person, aged 40, who was convicted of six charges of various sexual offenc”
“In Public Prosecutor v BMD [2013] SGHC 235 (“BMD”), the accused was convicted of a number of sexual offences which included rape and sexual assault by penetration. In meting out the sentences for each charge, Tay J found that the offence for”
“mework proposed in Pram Nair was a useful starting point for cases of penile-oral penetration, which is generally regarded as more severe than digital-vaginal penetration (see Public Prosecutor v BMD [2013] SGHC 235 at [73]) and is covered by the same penal provision (s 376 of the Penal Code).”
“to 14 years’ imprisonment, rather than ten to 15 years’ imprisonment under the Pram Nair framework). This was based on the observation of Tay Yong Kwang J (as he then was) in Public Prosecutor v BMD [2013] SGHC 235 (“BMD”) at [73] that digital-anal penetration was the least severe of the penetration offences.”
“ed by the High Court in Public Prosecutor v Yap Weng Wah [2015] 3 SLR 297, took the approach that anal intercourse was more serious than fellatio. Similarly, the High Court in Public Prosecutor v BMD [2013] SGHC 235 (“BMD”) considered that fellatio and penile-anal penetration were of the same severity and both were mor”
“sexual offences” (Chia Kim Heng Frederick v Public Prosecutor [1992] 1 SLR(R) 63 at [9]), with penile-vaginal penetration in particular warranting the heaviest of punishments (Public Prosecutor v BMD [2013] SGHC 235, cited by the Court of Appeal in Pram Nair v Public Prosecutor [2017] 2 SLR 1015 (“Pram Nair”) at [152])”
“rsin v PP [2001] 1 SLR(R) 709 at [21]–[22], and Woo Bih Li J in Yap Weng Wah at [61]–[64] (following Adam bin Darsin v PP) considered that anal intercourse was more serious than fellatio. In PP v BMD [2013] SGHC 235 (“BMD”), Tay Yong Kwang J (as he then was) put fellatio and penile-anal penetration on the same footing,”
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Judgment Header
Public Prosecutor v BMD [2013] SGHC 235
Case Metadata
Case No: Criminal Case No 5 of 2012
Case Metadata
Court: General Division of the High Court of Singapore
Case Metadata
Decision Date: 2013-11-06
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