Another Section 323, Chapter 224, high time to review our Singapore laws?

[feng125]

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.

 

 

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

[gwzc_mk2]

Thx for the info man. appreciated

[GuiNNeSS]

what's the point of this thread? Just because of an isolated case the law have to change?

[kennethy]

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]

Thats a very useful piece of information.

 

 

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]

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]

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]

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]

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]

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

 

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