Advertisement
Singapore markets close in 1 hour 32 minutes
  • Straits Times Index

    3,172.09
    +0.16 (+0.01%)
     
  • Nikkei

    40,003.60
    +263.20 (+0.66%)
     
  • Hang Seng

    16,541.84
    -195.26 (-1.17%)
     
  • FTSE 100

    7,722.55
    -4.87 (-0.06%)
     
  • Bitcoin USD

    64,431.47
    -3,729.21 (-5.47%)
     
  • CMC Crypto 200

    885.54
    0.00 (0.00%)
     
  • S&P 500

    5,149.42
    +32.33 (+0.63%)
     
  • Dow

    38,790.43
    +75.63 (+0.20%)
     
  • Nasdaq

    16,103.45
    +130.25 (+0.82%)
     
  • Gold

    2,158.60
    -5.70 (-0.26%)
     
  • Crude Oil

    82.64
    -0.08 (-0.10%)
     
  • 10-Yr Bond

    4.3400
    0.0000 (0.00%)
     
  • FTSE Bursa Malaysia

    1,548.63
    -5.01 (-0.32%)
     
  • Jakarta Composite Index

    7,336.65
    +34.20 (+0.47%)
     
  • PSE Index

    6,848.43
    -4.86 (-0.07%)
     

Voluntarily Causing Hurt Penalties in Singapore (Non-Arrestable)

A word of advice: take deep breaths when you get angry, because acting impulsively and assaulting somebody could very well result in a hefty fine or even land you in prison.

21-year-old Shafuan Juraimi could have benefited from this advice – in 2018, he slapped an elderly SMRT service ambassador who advised him to stop eating/drinking at the MRT platform. Shafuan’s spontaneous and poorly thought-out act caused him to be convicted of Voluntarily Causing Hurt and he was handed a 3-week prison sentence.

Read on to learn more about the offence of Voluntarily Causing Hurt (VCH) in Singapore.

Contents Menu

Elements of Voluntarily Causing Hurt

According to section 321 of the Penal Code, VCH is committed when a person does an act that causes hurt to a person, while:

ADVERTISEMENT
  • Intending to cause hurt to that person; OR

  • Knowing that he is likely to cause hurt to that person.

Hurt” is defined by the Penal Code as any kind of bodily pain, disease, or infirmity, which means that a large range of afflictions, from the stinging pain of a slap to more serious injuries, like bruised ribs, can fall under the meaning of “hurt”.

“Hurt” also includes psychological wounds. For example, if you were to point a weapon at a vulnerable person, causing him to develop mental illness, you might be liable for the psychological hurt that you inflicted upon him.

Extremely severe injuries, such as skull fractures or even death, on the other hand, are classified as forms of “grievous hurt”. Offenders who inflict grievous hurt may be dealt with under the offence of voluntarily causing grievous hurt instead (see below).

Aggravated forms of voluntarily causing hurt

Voluntarily causing hurt by dangerous weapons

In 2018, an 18-year-old man stabbed another man outside an entertainment outlet in Clarke Quay with a dagger. This is a classic example of VCH by dangerous weapons, as this form of VCH involves the use of a weapon that is likely to cause death.

Common dangerous weapons such as knives, “parangs” and axes will automatically fall under this form of VCH. Seemingly innocuous items, like sticks and golf clubs could also be considered dangerous weapons, since for example, hitting a child’s head with a golf club would likely cause the child’s death. Other weapons that are covered by this provision include:

  • Fire

  • Heated substances such as boiling water

  • Explosive substances

  • Dangerous animals such as vicious dogs

  • Any substance that is harmful to ingest such as faeces.

Voluntarily causing hurt that causes grievous hurt

This is where you intended to cause hurt to the victim, but unintentionally caused the victim grievous hurt instead.

For example, the Penal Code gives the example of A punching Z’s face with the intention to cause minor injuries to Z’s face. However, Z then loses his balance, falls and hits his head against a ledge. As a result, Z suffers severe brain injuries and is permanently paralysed. In this situation, A will be liable for VCH that causes grievous hurt, even though A had not intended for such grievous hurt to happen.

Voluntarily causing hurt to a public servant

You can be liable for this aggravated form of VCH if you assault any public servant who is performing his duties lawfully, or if you try to obstruct a public servant from performing his duties. Public servants do not just refer to the police – prison officers, judicial officers and government officials are also considered public servants.

An example of this aggravated form of VCH would be an incident that occurred in 2018, where a 20-year-old woman held a police officer in a choke-hold when he arrived to attend to a dispute along Orchard Road.

Elements of Voluntarily Causing Grievous Hurt (VCGH)

According to section 322 of the Penal Code, VCGH is committed when a person does an act that causes grievous hurt to a person, while:

  • Intending to cause grievous hurt to that person; OR

  • Knowing that he is likely to cause grievous hurt to that person.

The Penal Code has classified certain extreme forms of hurt as “grievous hurt”. These include:

  • Fractures

  • Dislocations

  • Permanent disfigurations of the head or face

  • Loss of sight/hearing

  • Loss of limb

  • Death.

One instance of VCGH occurred in December 2015, when Muhammad Khalis bin Ramlee decided to engage in a spontaneous group fight. Muhammad punched a man who sustained serious head injuries that resulted in his eventual death.

Even though Muhammad had not intended for the man to die, he had intended to cause grievous hurt when he punched the man hard enough for him to lose consciousness. Muhammad was thus charged with VCGH and was sentenced to 4.5 years in prison and 8 strokes of the cane.

Not Sure What To Do Next?

Get a 20-minute phone call with a lawyer for only $59

Arrange a call now

CRIMINAL DEFENCE

Examples: Advice on drug possession, robbery, voluntarily causing grievous hurt, outrage of modesty, fraud, theft, criminal breach of trust etc.

Select

Select

Nadia Moynihan

August Law Corporation | 8 years experience | English, Malay

Nadia’s practice encompasses Civil and Commercial Litigation, Matrimonial and Syariah Law as well as Criminal Law. She has experience handling cases from State Courts to High Court level. She regularly advises corporate and private clients on schemes of arrangement, bankruptcy proceedings, trade disputes, employment disputes and other contractual claims. Her…

Select

Ray Louis

Ray Louis Law Corporation | 11 years experience | English, Malay

Family lawyer Ray Louis has had 13 years of experience as a family counsellor to assist you with your separation, contested or uncontested divorce, and other family-related proceedings. Clients appreciate his affordable legal expertise and sensitivity to personal situations. He has worked on behalf of many local and overseas clients, in cases that include international…

Select

Nakoorsha A. K.

Nakoorsha Law Corporation | 18 years experience | Bahasa Indonesia, English, Malay

Nakoorsha set up Nakoorsha Law Corporation after gaining extensive experience in commercial litigation and criminal law practice. Since joining the firm, aside from a busy general litigation practice, Nakoorsha also engages in regulatory and compliance advisory work for private equity and investment firms. He has also advised officers of public listed companies…

Select

Che Wei Chin

Covenant Chambers LLC | 9 years experience | English, Mandarin

Wei Chin is an Associate Director at Covenant Chambers LLC. He has a broad range of practice that includes litigation and providing commercial law advice to clients. In the field of litigation, Wei Chin has handled cases spanning across different courts, including handling High Court applications himself. His wide range of…

Select

Low Chun Yee

Kalidass Law Corporation | 7 years experience | English, Hokkien, Mandarin

Chun Yee joined Kalidass Law Corporation in 2018 as an Associate Director. He is well-versed in criminal litigation, having been a Deputy Public Prosecutor in the Criminal Justice Division of the Attorney General’s Chambers for 5 years. He had then joined private practice in a reputable mid-sized local firm, gaining valuable experience in civil litigation and arbitration.

Select

Jonathan Cho

Covenant Chambers LLC | 7 years experience | English, Mandarin

With his training and experience in Dispute Resolution and Litigation, Jonathan is competent with handling a diverse range of cases both civil and criminal. Although he takes a special interest in criminal defence/litigation, Jonathan has enjoyed a full spectrum of legal work in civil/commercial litigation and this background gives him a commercial-mindedness to the solutions/advice he provides to clients.

Select

Tracy Wang

Heng Leong & Srinivasan LLC | 5 years experience | English, Hokkien, Mandarin

Tracy's practice areas are mainly in community law such as family law, criminal law, property law and general litigation. Tracy has represented clients from all walks of life on a wide variety of legal matters. With these experiences, she is well-equipped to deliver advice with depth and confidence which is tailored to each and every case distinct. Tracy takes pride in her friendly neighbourhood qualities and ensures that her clients understand their legal rights before providing them with down-to-earth solutions.

Select

Gino Hardial Singh

Abbots Chambers LLC | 20 years experience | English

Prior to incorporating Abbots, Gino headed the criminal litigation departments of firms he practiced in. He is an experienced and dedicated trial lawyer who focuses his litigation practice on white collar crimes. He is also confident of fighting for persons accused of committing Murder, Drug Trafficking, Robbery, Rape, Sexual Assault, Rioting and offences against Public Servants and has obtained good results.

Select

Ashvin Hariharan

Kalidass Law Corporation | 3 years experience | English, Tamil

Ashvin has represented accused persons in both the State Courts and High Court, in cases spanning a variety of offences, including cheating, criminal breach of trust, rioting, sexual offences, money laundering, corruption and road traffic offences. Ashvin has also assisted numerous clients through investigations and interviews by the Singapore Police Force, Corrupt Practices Investigation Bureau (CPIB) and the Federal Bureau of Investigation (FBI).


Penalties and Sentencing Framework for Voluntarily Causing Hurt

If found guilty of committing VCH, the maximum punishment meted out can include imprisonment for up to 3 years, and/or a fine up to $5,000.

The High Court devised a new sentencing framework for VCH when sentencing an offender, Low Song Chye. Low had been charged with VCH after he slapped a singer so hard that she sustained mild hearing loss. While Low had initially been sentenced to 3 months’ jail, his sentence was increased to 4 months’ jail after the High Court applied its new sentencing framework.

The sentencing framework consists of 3 main sentencing bands, which prescribe sentences based on the severity of harm inflicted on the victim. These bands apply only to first-time offenders who plead guilty to committing VCH.

This table summarises the new sentencing framework:

Band

Extent of harm suffered by victim

Prescribed sentence

Band 1: Low harm

No visible injury, or only minor injuries

Fine or up to 4 weeks’ imprisonment

Band 2: Moderate harm

Short hospitalisation or significant amount of medical leave required

Between 4 to 6 weeks’ imprisonment

Band 3: Serious harm

Serious injuries that are permanent in nature, or require significant surgery

Between 6 months to 2 years’ imprisonment

Band 1: Low harm

The first band applies when the victim has no visible injury, or only has minor injuries such as bruises, scratches or cuts. If your VCH case falls within this first band, you may either pay a fine or face a short imprisonment term of up to 4 weeks.

In general, an imprisonment term under this band will only be imposed if the offender is deemed to be a danger to members of the public, or when the offender is highly culpable. High culpability can be found if for example, you planned the attack beforehand, or brought a weapon to assault the victim.

Band 2: Moderate harm

The second band applies in cases where the victim requires short hospitalisation, or a significant amount of medical leave, due to the hurt caused. It also applies when the victim sustains fractures, or mild/temporary loss of a sensory function, such as hearing loss or impaired vision.

If your VCH case falls within this second band, you may be imprisoned for a minimum of 4 weeks to a maximum of 6 months.

Band 3: Serious harm

The third band applies when the victim sustains serious injuries that are permanent in nature and/or require significant surgical procedures to rectify. For example, permanent facial scarring or loss of limbs/hearing/sight, or even loss of life. If you are found guilty, you may be imprisoned for a minimum of 6 months to a maximum of 2 years.

Factors that the court will consider when sentencing

Upon assessing which sentencing band your case falls under, the court will make adjustments to your sentence by assessing aggravating factors that may increase your sentence. These aggravating factors can include:

  • Whether you had planned the assault

  • Whether the victim was vulnerable (such as being handicapped, or a child or elderly person)

  • Whether you are a repeat offender

  • Whether you had used a weapon

The court will also consider mitigating factors that may reduce your sentence, such as whether you have shown genuine remorse.

Penalties for aggravated forms of VCH, and VCGH

For aggravated forms of VCH, including both VCH by dangerous weapons and VCH to a public servant, an offender could face an imprisonment term of up to 7 years, a fine, caning or any combination of these punishments.

Alternatively, for VCH that causes grievous hurt, offenders can be imprisoned for up to 5 years and/or fined up to $10,000. This is unless the offender committed VCH that causes grievous hurt after being provoked – in this case, the maximum punishment is imprisonment for up to 1 year and/or a fine of up to $7,500.

Since VCGH involves more severe inflictions of injury than VCH, an offender could face a higher punishment of an imprisonment term of up to 10 years, as well as receive a fine or caning.

Is Voluntarily Causing Hurt/Voluntarily Causing Grievous Hurt an Arrestable Offence?

Voluntarily causing hurt: why won’t the police take action?

VCH, on its own, is a non-arrestable offence. This means that the police must obtain an arrest warrant from the court before they can arrest the alleged offender. So for example, if you intentionally punched another person, causing them to suffer a small bruise, the police do not have the authority to arrest you unless they have a warrant for your arrest.

As a result, the police can only take action to arrest the offender in a VCH case if the court issues them a warrant of arrest to do so. Hence if you are a victim of VCH and you wish to pursue the matter, you will have to file a Magistrate’s Complaint to the court.

A Magistrate’s Complaint is a complaint filed to the State Courts by someone seeking redress for an offence that has been committed against them. The Magistrate will review your complaint and can choose to do any of the following:

  • Order for both the victim and the alleged offender to attend Criminal Mediation

  • Issue a summons for the alleged offender to assist with the complaint

  • Direct the police to conduct an investigation into the complaint

  • Dismiss the case

Voluntarily causing hurt by dangerous weapons, voluntarily causing hurt that causes grievous hurt and voluntarily causing hurt to a public servant

VCH by dangerous weapons, VCH that causes grievous hurt and VCH to a public servant are all arrestable offences. This means that the police can arrest alleged offenders without a warrant. Once arrested, the offender can choose to be released on bail and/or personal bond.

Voluntarily causing grievous hurt

All forms of VCGH are arrestable offences. So for example, if you intentionally caused someone to sustain multiple fractures, the police would be able to arrest you immediately without a warrant.

If you have committed VCGH as per section 322 of the Penal Code, you can choose to be released on bail/personal bond after you have been arrested. However, if you have committed an aggravated form of VCGH, such as VCGH by dangerous weapons, it is up to the police or the court to decide whether to release you on bail.

Will Voluntarily Causing Hurt/Voluntarily Causing Grievous Hurt Result in a Criminal Record?

For voluntarily causing hurt

If you are convicted of just VCH, VCH that causes grievous hurt, you will not have a criminal record.

For voluntarily causing grievous hurt and aggravated forms of voluntarily causing hurt

If you are convicted of VCGH, aggravated forms of VCH (such as VCH by dangerous weapons) or of VCGH (such as VCGH to a public servant), you may or may not have a criminal record. This depends on whether the Commissioner of Police chooses to exercise his discretion to not register your criminal record.

Even if your criminal record has been registered, you might still have the opportunity to have your criminal record treated as spent. This simply means that your record will be wiped clean. To qualify for having your record spent, you must first meet the following criteria:

  • If you were given a prison sentence, your imprisonment term must have been not more than 3 months;

  • If you were given a fine, the fine imposed on you must have been not more than $2,000;

  • You must not have any other conviction on your criminal record; and

  • You must not have any previous spent record on the register.

If you meet these criteria, you then have to remain crime-free for at least 5 consecutive years, starting from the date of your release from prison, or from the date that your sentence was passed if you were given a fine. Once you accomplish this, your record will be spent automatically, and you will be able to legally declare that you do not have a criminal record.

Can a Victim of Voluntarily Causing Hurt Receive Compensation from the Offender?

After the offender is convicted, it is up to the court to decide whether it is appropriate for the victim to receive compensation from the offender.

If the criminal court awards you, the victim, compensation for a particular injury, you may still sue the offender for further compensation in the form of civil damages. This compensation can be with respect to the same injury that the criminal court has issued you compensation for, or a different injury.

However, if you are suing with respect to the same injury, the amount of compensation that you want to claim for must exclude the amount of compensation that the criminal court has already issued to you.

For more information, read our other article on how crime victims can claim compensation in Singapore.

If you are a victim of VCH, remember that you have the option to file a Magistrate’s Complaint if the police declines to pursue your case. If you need legal advice in this regard, consult a criminal lawyer. Or if you have been accused of committing VCH, you may also want to discuss your options with a criminal lawyer and get advice on how to proceed with your case.

The post Voluntarily Causing Hurt Penalties in Singapore (Non-Arrestable) appeared first on SingaporeLegalAdvice.com.