Assault Sec 323 Penal Code. Community Based Sentencing – Short Detention Order

by | Mar 11, 2017 | Affray, Community Based Sentencing, Criminal Process, Mitigation, Pleading Guilty, Probation, VIOLENCE

Assault Sec 323 Penal Code. Community-Based Sentencing – Short Detention Order. Mitigation from Criminal Lawyer Singapore.

As reported in The Straits Times on 30 June 2016, our client was charged with assault under Sec 323 of the Penal Code. The victim had suffered a fracture as a result of the assault.

Short Detention Order

Our criminal lawyer, Raphael Louis, submitted that the accused should not be given a jail sentence as this would leave him with a criminal record. Mr Louis further argued that the court’s objective of punishing the accused can be achieved without a prison record.  However, the Deputy Public Prosecutor sought a short jail term which would carry with it a criminal record, given the serious injury inflicted. She said that community-based SDO sentences were meant to address minor offences, young offenders and those with mental conditions.

The Learned District Judge agreed with Mr Louis and sentenced the accused to 14 days of short detention order (SDO) and ordered that he perform 110 hours of community service (CSO) within one year.

For another case study on Community Based Sentencing, please click here. You also can get more information from here, the State Court and the Attorney General’s Chambers (AGC).

For more information, please contact our criminal lawyer, Ray Louis at 9090-8288.

The Straits Times reported as follows:

“A basketball player who fractured an opponent’s nose during a match punch-up has been spared a jail term that would leave him with a criminal record. A district judge pointed out that the court objective can be achieved through a detention order without the prison stigma.

District Judge John Ng sentenced Thomas Gan to a short detention order (SDO) of 14 days in prison. This does not carry a criminal record. He said in decision grounds released on Tuesday:”I would suggest that it is better that we sensibly and sensitively appreciate the true nature of each case and its circumstances to see if the offence committed is so serious an offence which rules out community-based sentences (like SDO).”

Gan, then 25, had pleaded guilty midway through the trial earlier this year to punching Mr Francis Tan, in the face during the game in 2014 at a community club in Paya Lebar. The judge noted that although the injuries suffered by Mr Tan, then 29, could be classified as grievous hurt, prosecutors charged Gan for causing simple hurt.”