CRH v PUBLIC PROSECUTOR

Case Significance

CRH v Public Prosecutor [2024] SGCA 29 was a criminal appeal decided by the Court of Appeal of Singapore on 14 August 2024, with Sundaresh Menon CJ delivering the grounds of decision of the court, sitting with Tay Yong Kwang JCA and Steven Chong JCA. The appeal concerned the sentence imposed on the appellant, CRH, who had pleaded guilty to two charges of attempted aggravated statutory rape of his biological daughter. The offences were committed in or around 2013 and were framed under s 375(1)(b) read with s 511(1) and punishable under s 375(3)(b) read with s 511 of the Penal Code (Cap 224, 2008 Rev Ed) in force at the time (the "Pre-2019 Amendment PC"). The appeal arose from the High Court decision in Public Prosecutor v CRH [2024] SGHC 34.

The central question identified in the grounds of decision was whether the mandatory minimum sentence of eight years' imprisonment and 12 strokes of the cane prescribed for the completed offence of aggravated statutory rape also applied to an attempt to commit that offence punishable under s 511 of the Pre-2019 Amendment PC, and, if so, whether the new s 512(3)(a) of the Penal Code introduced by the 2019 amendments had any bearing. The appellant was represented by Akesh Abhilash of Harry Elias Partnership LLP, while the Public Prosecutor was represented by counsel from the Attorney-General's Chambers including Jocelyn Teo, Sivanathan Jheevanesh and Vincent Leow.