PUBLIC PROSECUTOR v BWJ
Outcome
Sentence imposedI sentenced the respondent to five years and six months’ imprisonment and five strokes of the cane.
Source: [2023] SGCA 2, Court of Appeal, decided 11 January 2023. Read directly from the judgment.
Key facts
| Court | Court of Appeal |
|---|---|
| Decided | |
| Judges | Judith Prakash, Tay Yong Kwang, Woo Bih Li |
| Charges / claim | Criminal Law, Criminal Procedure and Sentencing |
| Outcome | Sentence imposed |
| Counsel | Attorney-General's Chambers, Netto & Magin LLC, Tan Rajah & Cheah, Chia Ru Yun Megan Joan, Luke Anton Netto, Ng Yiwen, Selene Yap Wan Ting, Tay Beng Tiat Reuben, Yvonne Poon Yirong |
Source: [2023] SGCA 2, Court of Appeal, decided — eLitigation. Updated .
Catchwords
Practice Areas
Counsel (9)
Parties (2)
Case Significance
Public Prosecutor v BWJ [2023] SGCA 2 was decided in the Court of Appeal (Criminal Appeal No 20 of 2020) by Judith Prakash JCA, Tay Yong Kwang JCA and Woo Bih Li JAD, heard on 13 and 27 September 2022, with Tay Yong Kwang JCA delivering the grounds of decision on 11 January 2023. The respondent, whose name was redacted as BWJ, was charged with aggravated rape of the complainant (V) under ss 375(1)(a) and (3)(a)(i) of the Penal Code (Cap 224, 2008 Rev Ed). The charge alleged that on 6 August 2017 in the afternoon, at a redacted Singapore address, BWJ penetrated V, a then-29-year-old female, without her consent, and to facilitate the offence voluntarily caused hurt by strangling her neck. V had been BWJ's girlfriend from early 2012 to sometime in 2017, and the exact date their relationship ended was disputed at trial and on appeal. The catchwords cover aggravated rape, appeal against acquittal, and sentencing including a period on bail.
[2023] SGCA 2 explained
PUBLIC PROSECUTOR v BWJ ([2023] SGCA 2) is a Singapore judgment decided by the Court of Appeal on 11 January 2023. It is categorised under Criminal Law and Criminal Procedure and Sentencing. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.
What is [2023] SGCA 2 about?
PUBLIC PROSECUTOR v BWJ ([2023] SGCA 2) is a Court of Appeal decision from 2023. Its published catchwords are “Criminal Law — Offences — Aggravated rape”, “Criminal Procedure and Sentencing — Appeal — Acquittal”, “Criminal Procedure and Sentencing — Sentencing — Aggravated rape”, and “Criminal Procedure and Sentencing — Sentencing — Period on bail”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
Which legislation does [2023] SGCA 2 consider?
The judgment refers to Criminal Procedure Code (Cap 68), Misuse of Drugs Act (Cap 185), and Penal Code (Cap 224). The statutes cited are listed in full on this page, each linking to its primary text.
How influential is [2023] SGCA 2?
Within this corpus, [2023] SGCA 2 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.
Summary
The Public Prosecutor appealed against the High Court's acquittal of BWJ, who had been charged with the aggravated rape of his former girlfriend, the central dispute being whether the sexual intercourse was consensual and whether their relationship had ended by the date of the offence. The Court of Appeal allowed the appeal, set aside the acquittal and convicted BWJ on the charge. It sentenced him to 13 years' imprisonment and the mandatory minimum of 12 strokes of the cane, backdating the term to his arrest but excluding the period spent on bail.
What was Public Prosecutor v BWJ [2023] SGCA 2 about?
Decided by the Court of Appeal on 11 January 2023, it concerned a charge of aggravated rape against the respondent BWJ under ss 375(1)(a) and (3)(a)(i) of the Penal Code, with catchwords covering appeal against acquittal and sentencing, including a period spent on bail.
What was the relationship between BWJ and the complainant ([2023] SGCA 2)?
The complainant, V, had been BWJ's girlfriend from early 2012 to sometime in 2017. The exact date on which their relationship ended in 2017 was a matter in dispute both at trial and on appeal in the Court of Appeal proceedings.
Statutes Cited
Cases Cited (8)
Cited By (1)
Related cases
Other Singapore judgments involving the same parties or counsel.
Referenced in
Statutes interpreted in this judgment
Legal concepts & references
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2023] SGCA 2)