View Full Version : Another Section 323, Chapter 224, high time to review our Singapore laws?



gwzc_mk2
25-09-2007, 11:27 AM
:angry: :angry: :angry: A female fren of mine was assulted by her ex-bf last nite. Went to her office in tuas and called her out of the office. Slapped, punched and pushed her face against the fence. Was threatening to push her out onto the busy road while shouting "lets die together~!!" when 2 indians passed by and offered assistance to her.

Received a call from her current bf and rushed down to NUH A&E dept immediately. When we made the police report, it was classified under section 323, chapter 224, non sizeable offence. Meaning no arrests are going to be made unless the victim makes a civil case about it.

Having read some assult cases recently on the newspapers which involves such assult cases, i cant help but to think, why do we have laws which allows people to go around assulting people and as long as the victim have no serious injuries, the assilant can get away with with just a warning? Remember the case bout the guy who's 4 teeth were knocked out? It was classified under the same section and chapter. And if the netizens didnt made an uproar over it, the assilant would get away with the crime. And wad about the case of the cab driver being assulted by 3 young punks in boat quay? The police just took down the particulars of idiot, who was too drunk to run away and let him go on the spot!

In my point of view, the moment you start hitting anyone, you are already in the wrong. No matter wad hurt you've caused. Why is our laws protecting such a**holes? This is a loophole in our Singapore laws which is exploited by a lot of people recently. The crime rates are so low cos these crimes are not even logged in by the police. How safe are we when we are walking out on the streets? Anyone can come and assult us and as long as we dun have any fracture or serious bleeding or internal injuries, the person can walk away scott free unless we go and apply for a civil suit.

How is the law which is suppose to protect us, works against us in this case? High time to revise this aspect of our Singapore law? No spoof pls.

wait4me
25-09-2007, 11:32 AM
so that means u can follow a feloow motorist all the way to the carpark
then when he is walking home
jus sok him in the face ..
and then go home ??

gwzc_mk2
25-09-2007, 11:44 AM
:angry: :angry: :angry: A female fren of mine was assulted by her ex-bf last nite. Went to her office in tuas and called her out of the office. Slapped, punched and pushed her face against the fence. Was threatening to push her out onto the busy road while shouting "lets die together~!!" when 2 indians passed by and offered assistance to her.

Received a call from her current bf and rushed down to NUH A&E dept immediately. When we made the police report, it was classified under section 323, chapter 224, non sizeable offence. Meaning no arrests are going to be made unless the victim makes a civil case about it.

Having read some assult cases recently on the newspapers which involves such assult cases, i cant help but to think, why do we have laws which allows people to go around assulting people and as long as the victim have no serious injuries, the assilant can get away with with just a warning? Remember the case bout the guy who's 4 teeth were knocked out? It was classified under the same section and chapter. And if the netizens didnt made an uproar over it, the assilant would get away with the crime. And wad about the case of the cab driver being assulted by 3 young punks in boat quay? The police just took down the particulars of idiot, who was too drunk to run away and let him go on the spot!

In my point of view, the moment you start hitting anyone, you are already in the wrong. No matter wad hurt you've caused. Why is our laws protecting such a**holes? This is a loophole in our Singapore laws which is exploited by a lot of people recently. The crime rates are so low cos these crimes are not even logged in by the police. How safe are we when we are walking out on the streets? Anyone can come and assult us and as long as we dun have any fracture or serious bleeding or internal injuries, the person can walk away scott free unless we go and apply for a civil suit.

How is the law which is suppose to protect us, works against us in this case? High time to revise this aspect of our Singapore law?

MOD sorry for posting in 2 section. Just to create awareness. Pls regulate as see fit. thx :thumb:

gwzc_mk2
25-09-2007, 11:45 AM
Not too sure and i dun wanna find out.

aiya4
25-09-2007, 11:51 AM
then you're simply here to rant? Or wait for people to find out for you?

limpeiwah
25-09-2007, 11:56 AM
wah attempted murder wor. u know why or not? her surname is not Lee or even is Lee is not LEE.

gwzc_mk2
25-09-2007, 12:09 PM
then you're simply here to rant? Or wait for people to find out for you?

Why on earth would i wanna go and hit someone for no reason?

gwzc_mk2
25-09-2007, 12:10 PM
yah. maybe dats the reason of the cops not spending too much time into the case

DeusExMachina
25-09-2007, 12:12 PM
so that means u can follow a feloow motorist all the way to the carpark
then when he is walking home
jus sok him in the face ..
and then go home ??


It might just work out for you if you're the victim.

'Cos you can sock him back in the face in self defence.

Throttle
25-09-2007, 12:27 PM
there is clearly a flaw as we all know.
Advise your friend to take up a civil case against this person.
He is unable to think rationally.
Maybe can think only when slap with a lawsuit.

As for Police? Aiyah they only protect public / govt property...
Where's justice, i personally think there is not much.

But we are quite lucky that most people here are still quite reasonable and civil. Thats why we should not take the harmony for granted between different races and religions.

We should learn not toonly chase economic success as a Nation.

Aie
25-09-2007, 12:45 PM
What is good for the goose is good for the gander. Why not threadstarter go find the ex-BF and extend him the same courtesy that he did to the girl? Only voluntarily causing hurt under section 323 mah. Confirm won't get arrested one... o_O

Shark
25-09-2007, 01:05 PM
What is good for the goose is good for the gander. Why not threadstarter go find the ex-BF and extend him the same courtesy that he did to the girl? Only voluntarily causing hurt under section 323 mah. Confirm won't get arrested one... o_O

Heh...323 useful hor... Let's hope my 147 can go down to 323 when I'm up in court the next time.

johnboy
25-09-2007, 02:05 PM
cant belive that singapore law actually allow this way

just another law which make us living in nutshell

sigh.....

Akarui Siren
25-09-2007, 04:22 PM
MUST SUE HIS PANTS OFF!

Marcheline
25-09-2007, 05:30 PM
For your information, Sec 323 Cap 224 is not a CIVIL case.

Hurting someone physically is a CRIMINAL case in the eyes of the law. Let's take a look at the two particular sections of the Penal Code (Chapter 224):

Punishment for voluntarily causing hurt.
323. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $1,000, or with both.

Punishment for voluntarily causing grievous hurt.
325. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning.

Grievous hurt is defined under Sec 320 Cap 224:
320. The following kinds of hurt only are designated as “grievous”:
(a) emasculation;
(b) permanent privation of the sight of either eye;
(c) permanent privation of the hearing of either ear;
(d) privation of any member or joint;
(e) destruction or permanent impairing of the powers of any member or joint;
(f) permanent disfiguration of the head or face;
(g) fracture or dislocation of a bone;
(h) any hurt which endangers life, or which causes the sufferer to be, during the space of 20 days, in severe bodily pain, or unable to follow his ordinary pursuits.

Section 323 is a non-seizable case whilst Section 325 is a seizable case.

Assuming Sec 323 Cap 224 is revised in parliament and converted into a Seizable Case; meaning the police can arrest the assailant without a warrant. Can you imagine the number of accused being charged every single day? Physical hurt happens rampantly on a daily basis. This Section was created in such a way so that a distinction can be made between the different serious and non-serious cases.

gwzc_mk2, quoting you, you said your female friend received physical blows to her face (slapped, punched and pushed her face to the fence) I highlighted Sec 320(f) Cap 224 for you, for the offence of Voluntarily Causing Grievous Hurt.

When the officers arrived at scene, they are not qualified to assess the extent of your friend's injuries as they are not medically trained to. This is why the preliminary investigation is done (recording of statements, establishing the particulars of victim, witness and offender, etc), after which the case is classified as Sec 323 Cap 224, pending a full medical check-up by a qualified medical practitioner. Please note that the classification CAN be upgraded to Voluntarily Causing Grievous Hurt once enough evidence is established.

This is where your female friend has to take the first step to ensure that her ex-boyfriend is punished accordingly. To seek medical attention for her injuries, get a medical report and then lay a complaint with the Magistrate at the Subordinate Court. The Magistrate will thereby assess the various facts of the case and come to a decision. He will, by his decision, do either of the following:
a) Direct the police to investigate further.
b) Send both parties for mediation at certified mediation centres.
c) Order a show-cause action to be carried out.

Please note that if option (a) is directed, the police will investigate further with the powers vested to them and if need be, the assailant shall be charged accordingly.

Do not just think on the lines of:

"The police came and did not arrest the person even though he was right there after punching him/her"

"The police informed that they cannot do anything"

"How can they get away scot-free after hurting someone like that?"

There are procedures in place for people to follow. Sometimes, these procedures are not put forth clearly and that is where misunderstandings arise. Go through the proper channels and I assure you, your friend's ex-boyfriend will get the punishment he duly deserves.

Do note that the entire process may last anywhere between 3 to 6 months.

Hope this helps!

lunloon
25-09-2007, 06:09 PM
MUST SUE HIS PANTS OFF!

you got a fetish recently for dropped pants?

Metalfyre
25-09-2007, 06:19 PM
Advise your friend to take up a Personal Protection Order against this fellow. At the same time, lodge a NP299 against him and bring him to court.

speedevil
25-09-2007, 07:02 PM
well, we got to c the bigger picture. As in, maybe the ex bf is piss off because the gf jump to another boat?
Or nv end the relationship well?
Wat can make a person so angry to do tat? sure got lots of factors.
The ex bf may be like a devil to all, but it doesn't mean ur frd is a angel
:cool: .

gwzc_mk2
26-09-2007, 01:07 AM
Thx for the advice ppl =) appreciated

gwzc_mk2
26-09-2007, 01:13 AM
They broke off about 4mths ago, yet the guy kept pestering her by calling her or smsing her very often. Got once even went up to her place and dragged her out to the void deck to "talk".

BlackHonda
26-09-2007, 01:16 AM
This kind of case have to apply civil suit

Marcheline
26-09-2007, 01:27 AM
Advise your friend to take up a Personal Protection Order against this fellow. At the same time, lodge a NP299 against him and bring him to court.

Metalfyre, you can only apply for a PPO (Personal Protection Order) against someone who is related to you under lawful terms. Example being; Your spouse, sibling, children or parent.
Boyfriends and girlfriends are not considered 'related' under the law.

LollyPoP
26-09-2007, 01:41 AM
:angry: :angry: :angry: A female fren of mine was assulted by her ex-bf last nite. Went to her office in tuas and called her out of the office. Slapped, punched and pushed her face against the fence. Was threatening to push her out onto the busy road while shouting "lets die together~!!" when 2 indians passed by and offered assistance to her.

Received a call from her current bf and rushed down to NUH A&E dept immediately. When we made the police report, it was classified under section 323, chapter 224, non sizeable offence. Meaning no arrests are going to be made unless the victim makes a civil case about it.

Having read some assult cases recently on the newspapers which involves such assult cases, i cant help but to think, why do we have laws which allows people to go around assulting people and as long as the victim have no serious injuries, the assilant can get away with with just a warning? Remember the case bout the guy who's 4 teeth were knocked out? It was classified under the same section and chapter. And if the netizens didnt made an uproar over it, the assilant would get away with the crime. And wad about the case of the cab driver being assulted by 3 young punks in boat quay? The police just took down the particulars of idiot, who was too drunk to run away and let him go on the spot!

In my point of view, the moment you start hitting anyone, you are already in the wrong. No matter wad hurt you've caused. Why is our laws protecting such a**holes? This is a loophole in our Singapore laws which is exploited by a lot of people recently. The crime rates are so low cos these crimes are not even logged in by the police. How safe are we when we are walking out on the streets? Anyone can come and assult us and as long as we dun have any fracture or serious bleeding or internal injuries, the person can walk away scott free unless we go and apply for a civil suit.

How is the law which is suppose to protect us, works against us in this case? High time to revise this aspect of our Singapore law?

MOD sorry for posting in 2 section. Just to create awareness. Pls regulate as see fit. thx :thumb:


civil suit = $$, welcome to Sillypore.

WAI
26-09-2007, 03:19 AM
: When we made the police report, it was classified under section 323, chapter 224, non sizeable offence. Meaning no arrests are going to be made unless the victim makes a civil case about it.



Why did you say that 323 is a civil case? I think your lawyer should be able to tell you that 323 is a criminal case except that it is a non-seizable one. However, a non-seizable case does not mean that the person could not be charge. He can still be dealt with by the law.

In my opinion, what the police classify at the scene is based on the facts of the case at that scene and the case can/will still be upgraded/down graded appropriately once the investigations are completed.

A person arrested at the scene does not mean that he would definitely be charged in court or a person who is not arrested at the scene does not mean that he would not be charged.

Think should find out more what is the meaning of non-seizable offence before posting pointing fingers.

Take note, I am not a lawyer, so may not be the best person to answer to the queries

johnboy
26-09-2007, 08:24 AM
For your information, Sec 323 Cap 224 is not a CIVIL case.

Hurting someone physically is a CRIMINAL case in the eyes of the law. Let's take a look at the two particular sections of the Penal Code (Chapter 224):

Punishment for voluntarily causing hurt.
323. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to $1,000, or with both.

Punishment for voluntarily causing grievous hurt.
325. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine or to caning.

Grievous hurt is defined under Sec 320 Cap 224:
320. The following kinds of hurt only are designated as “grievous”:
(a) emasculation;
(b) permanent privation of the sight of either eye;
(c) permanent privation of the hearing of either ear;
(d) privation of any member or joint;
(e) destruction or permanent impairing of the powers of any member or joint;
(f) permanent disfiguration of the head or face;
(g) fracture or dislocation of a bone;
(h) any hurt which endangers life, or which causes the sufferer to be, during the space of 20 days, in severe bodily pain, or unable to follow his ordinary pursuits.

Section 323 is a non-seizable case whilst Section 325 is a seizable case.

Assuming Sec 323 Cap 224 is revised in parliament and converted into a Seizable Case; meaning the police can arrest the assailant without a warrant. Can you imagine the number of accused being charged every single day? Physical hurt happens rampantly on a daily basis. This Section was created in such a way so that a distinction can be made between the different serious and non-serious cases.

gwzc_mk2, quoting you, you said your female friend received physical blows to her face (slapped, punched and pushed her face to the fence) I highlighted Sec 320(f) Cap 224 for you, for the offence of Voluntarily Causing Grievous Hurt.

When the officers arrived at scene, they are not qualified to assess the extent of your friend's injuries as they are not medically trained to. This is why the preliminary investigation is done (recording of statements, establishing the particulars of victim, witness and offender, etc), after which the case is classified as Sec 323 Cap 224, pending a full medical check-up by a qualified medical practitioner. Please note that the classification CAN be upgraded to Voluntarily Causing Grievous Hurt once enough evidence is established.

This is where your female friend has to take the first step to ensure that her ex-boyfriend is punished accordingly. To seek medical attention for her injuries, get a medical report and then lay a complaint with the Magistrate at the Subordinate Court. The Magistrate will thereby assess the various facts of the case and come to a decision. He will, by his decision, do either of the following:
a) Direct the police to investigate further.
b) Send both parties for mediation at certified mediation centres.
c) Order a show-cause action to be carried out.

Please note that if option (a) is directed, the police will investigate further with the powers vested to them and if need be, the assailant shall be charged accordingly.

Do not just think on the lines of:

"The police came and did not arrest the person even though he was right there after punching him/her"

"The police informed that they cannot do anything"

"How can they get away scot-free after hurting someone like that?"

There are procedures in place for people to follow. Sometimes, these procedures are not put forth clearly and that is where misunderstandings arise. Go through the proper channels and I assure you, your friend's ex-boyfriend will get the punishment he duly deserves.

Do note that the entire process may last anywhere between 3 to 6 months.

Hope this helps!

thanks for the info man.....:thumb: :thumb:

feng125
26-09-2007, 09:49 AM
A person arrested at the scene does not mean that he would definitely be charged in court or a person who is not arrested at the scene does not mean that he would not be charged.




Thats a very useful piece of information. :thumb:


So what the ex-BF is illegal and can be charged, but just not arrested on the spot?

gwzc_mk2
26-09-2007, 12:01 PM
Thx for the info man. appreciated

aiya4
26-09-2007, 02:10 PM
what's the point of this thread? Just because of an isolated case the law have to change?

kennethy
26-09-2007, 05:11 PM
if the gf really hurt so badly that have to go to A&E... why not just go file for a civil suit?

it does not mean that 323 cannot be addressed under the court of law... it is just that you have to take up the case and file for the suit, then police will investigate and take action if necessary.

lets me share the other perspective with... if 323 is seizable, then imagine police going around arresting people who:

1. scratch others,
2. slap another person,
3. spit at person,
4. throw things at person,
5. splash water,
6. step on your foot,
7. pull your hair,
8. pinch you,
9. etc etc etc...

like that police really very not free...

point to ponder over...

WAI
27-09-2007, 01:48 AM
Thats a very useful piece of information. :thumb:


So what the ex-BF is illegal and can be charged, but just not arrested on the spot?

I think you are spot on.


if the gf really hurt so badly that have to go to A&E... why not just go file for a civil suit?

it does not mean that 323 cannot be addressed under the court of law... it is just that you have to take up the case and file for the suit, then police will investigate and take action if necessary.

lets me share the other perspective with... if 323 is seizable, then imagine police going around arresting people who:

1. scratch others,
2. slap another person,
3. spit at person,
4. throw things at person,
5. splash water,
6. step on your foot,
7. pull your hair,
8. pinch you,
9. etc etc etc...

like that police really very not free...

point to ponder over...

Agreed!

Shark
27-09-2007, 02:03 AM
what's the point of this thread? Just because of an isolated case the law have to change?

This one not isolated case la bro... Even come out in the papers a few times already...

contrarian
28-09-2007, 09:06 PM
When we made the police report, it was classified under section 323, chapter 224, non sizeable offence. Meaning no arrests are going to be made unless the victim makes a civil case about it.

Having read some assult cases recently on the newspapers which involves such assult cases, i cant help but to think, why do we have laws which allows people to go around assulting people and as long as the victim have no serious injuries, the assilant can get away with with just a warning? Remember the case bout the guy who's 4 teeth were knocked out? It was classified under the same section and chapter. And if the netizens didnt made an uproar over it, the assilant would get away with the crime. And wad about the case of the cab driver being assulted by 3 young punks in boat quay? The police just took down the particulars of idiot, who was too drunk to run away and let him go on the spot!

In my point of view, the moment you start hitting anyone, you are already in the wrong. No matter wad hurt you've caused. Why is our laws protecting such a**holes? This is a loophole in our Singapore laws which is exploited by a lot of people recently. The crime rates are so low cos these crimes are not even logged in by the police. How safe are we when we are walking out on the streets? Anyone can come and assult us and as long as we dun have any fracture or serious bleeding or internal injuries, the person can walk away scott free unless we go and apply for a civil suit.

How is the law which is suppose to protect us, works against us in this case? High time to revise this aspect of our Singapore law?


wadafark has kindly taken the time to write down for you and everyone else the position at law.

You are mistaken and wadafark is right. It is not a civil case; it is a magistrate's complaint.

The magistrate can order the police to investigate if he believes that he should order the police to do so.

Do you know what happened to this case you cited?


Remember the case bout the guy who's 4 teeth were knocked out? It was classified under the same section and chapter. And if the netizens didnt made an uproar over it, the assilant would get away with the crime.


The assailant, Vijayan Pillay Sandarasegaran, was charged under section 323. He was convicted and sentenced to five months' jail.

It's not because netizens made an uproar over it; it is that he bothered to make his complaint and the police investigated it and made a case for him to be charged under the same section 323, VCH, you talk about.

On the other hand, consider this:

This is an offence where anyone can accuse anyone else easily.

Last year, only 11 per cent of all victims in voluntarily-causing-hurt cases felt aggrieved enough to seek redress from the magistrate.

In all these cases, police were empowered by the magistrate to investigate the matter fully. On the other hand, some victims might choose to resolve their differences amicably.

The point is, the police can investigate the offence and offenders can be charged. No one walks away scot free unless (1) there is no evidence or (2) the victim refuses to make a magistrate's complaint to allow the police to start work.

mkhairi
28-09-2007, 10:05 PM
The point is, the police can investigate the offence and offenders can be charged. No one walks away scot free unless (1) there is no evidence or (2) the victim refuses to make a magistrate's complaint to allow the police to start work.[/SIZE]

true.. the point is, dont be afraid to attend court lor.. many a times, police officers say u must go court to testify against offenders.. then complt will be like "umm.. umm.. go court? cannot just charge is it? i dont need go court can anot?" typical singaporean behaviour.. scared to go court..

after that complain police not doing anythin.. not doing anything cos in the first place, complainant dont want to do anything.. geddit?

DenverDino
01-10-2007, 09:35 AM
For your information, Sec 323 Cap 224 is not a CIVIL case.

Hurting someone physically is a CRIMINAL case in the eyes of the law. Let's take a look at the two particular sections of the Penal Code (Chapter 224):
Hope this helps!

Are you a Lawyer??? U seen to know so muxh law????

kirkjay
02-10-2007, 08:54 PM
Are you a Lawyer??? U seen to know so muxh law????

:offtopic:maybe watch to much CSI Miami...errr i meant CSI Cantonment...:lol: