Community Based Sentencing. Sec 182 of Penal Code

by | Mar 11, 2017 | Community Based Sentencing, Criminal Process, Mitigation, Punishment


Our client recently was charged under Sec 182 of the Penal Code as reported in The Straits Times on 11 January 2017. She lied about being raped to cover up the casual sex she had with someone she met just hours earlier.  She had told police last May that six men were involved in the incident, which allegedly took place at about 4 am on May 10, behind an HDB lift lobby in Telok Blangah Crescent.  The tale led police to check closed-circuit television camera footage and screen phone records.

She was also interviewed by officers of the Serious Sexual Crime Branch. Her fake story about one man forcing sex on her while five others in the same gang kept a look out unravelled, within seven hours of her initial report.

As this is a serious offence, ordinarily, if an accused pleads guilty, a jail term and possibly a fine is the sentencing benchmark. Our criminal lawyer, Raphael Louis, submitted to the court that given the accused’s mitigating factors, the court should exercise its discretion and impose a Short Detention Order.  This provided for in Sec 336 of the Criminal Procedure Code. Mr Louis argued with the Short Detention Order, the accused would be adequately punished but would not be tarnished with a criminal record which would hinder her employment chances.  The prosecution pressed for a jail sentence given the seriousness of the offence.  Inspite of the prosecution’s objections, the Learned Judge Low Wee Ping accepted Mr Louis’ submission and granted a Short Detention Order.

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

For inquiries on criminal offences in Singapore such as Community Based Sentencing or Sec 182 of Penal Code or if looking for a criminal lawyer in Singapore, contact Ray Louis Law Corporation at +65-9090 8288.