A Case Study – Pre–Mention Representations – Sec 380 Penal Code
Example 1
Understanding and Leniency — Depressed Client Avoids Theft Charge
Our client was going to be charged in court under Section 380 of the Penal Code (Cap. 224) for theft. Her family consulted us before she was going to be charged in court. We quickly went to work before the court date. We found out that our client had a psychiatric condition and drafted pre-mention representations. It was sent to the police and Attorney General’s Chambers. We informed them that our client had a psychiatric history and the condition was the primary reason that led to her irrational acts of shoplifting. She had a tremendous level of mental stress and was in a severe depressive state at the material points in time. In relation to case law, this trend has also been noted by the docotr in the case of Ong Lilian v Public Prosecutor [2001] SGDC 293 at [29] – [30]:
“Dr Sathyadevan stated that there was an increased link between shoplifting and females suffering from depression and produced to the court an excerpt from a leading textbook on Forensic Psychiatry (P19). Shoplifting was likened to a cry for help from a depressed individual.
His own clinical experience in Singapore was consistent ie that there was an increased incidence of shoplifting amongst females aged 40-55 years who were also suffering from depression. A female patient suffering from depression would be more prone to shoplifting than one who was not.”
Although our client had prior shoplifting convictions before this incident, the authorities favourably considered our representations and decided to issue her a stern warning instead. The charge was withdrawn. The family was deeply grateful to the authorities for their understanding and leniency.
Example 2
Financial Sector Professional Avoids Theft Charge — Stern Warning Issued After Legal Representations.
Our client, a professional working in Singapore’s financial sector, was investigated under Section 380 of the Penal Code (Cap. 224) for theft. If charged and convicted, he would almost certainly have lost his job and professional standing — a devastating outcome for someone in the finance industry.
The client’s family approached Ray Louis Law Corporation early during the investigation stage, before any formal charges were filed. Acting swiftly, our legal team prepared and submitted pre-mention representations to the Police and the Attorney-General’s Chambers (AGC), urging that prosecutorial discretion be exercised in the client’s favour.
Through a careful review of his background and medical history, we discovered that he had been diagnosed with Adjustment Disorder with mixed disturbance of emotions and conduct. His psychiatrist confirmed that this condition had caused emotional and behavioural difficulties, leading to psychological distress that affected multiple areas of life — including work performance and family relationships.
We emphasised that the client’s mental-health condition played a central role in the incident. At the time, he was under considerable emotional strain, which impaired his judgment. Importantly, he had no prior criminal record and had since taken meaningful steps to address his mental health through ongoing treatment and rehabilitation.
After reviewing our detailed representations, the authorities exercised prosecutorial discretion and issued a stern warning in lieu of prosecution.
As a result, no criminal charges were brought. This favourable outcome enabled our client to retain his career in the financial sector and continue his recovery with the support of his family. The family expressed deep gratitude to the authorities for their fair and compassionate handling of the matter.