[2015] SGHC 166

“nt an unforeseen and wholesale departure from an entrenched legal position which would have justified prospective overruling as the High Court relied on an earlier decision in Public Prosecutor v AUB [2015] SGHC 166 in coming to its decision.”

“tration was akin to a Category 1 rape and that the prescribed punishment for both offences was identical. The prosecution also relied on the observation by Tay Yong Kwang J in Public Prosecutor v AUB [2015] SGHC 166 (“AUB”) (at [7]) that:”

“(i) The Prosecution urged the Court to impose a sentence of 15 years’ imprisonment and 12 strokes of the cane. Citing Public Prosecutor v AUB [2015] SGHC 166 (“PP v AUB”) and Public Prosecutor v Yap Weng Wah [2015] 3 SLR 297, the Prosecution drew an analogy with the offence of sexual assault by penetration to rape unde”

“Fourth, the Judge relied (at [56] of the Sentence GD) on Tay J’s statement in Public Prosecutor v AUB [2015] SGHC 166 that victims of sexual assault by penetration experience the same emotional scars as rape victims, but it is not clear that Tay J went so far as to say that the sentence for rape should be the same a”

“Undoubtedly, our courts have imposed consecutive sentences on the basis that it is necessary to reflect the added criminality of further unrelated offending. For instance, in Public Prosecutor v AUB [2015] SGHC 166 (“AUB”), the accused pleaded guilty to one count of sexual assault by penetration under s 376(2)(a) of th”