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111-407: The Arms Offences Act is an Act to deter unlawful ownership, trafficking and use of arms and ammunition. It was originally enacted in 1973. The Arms Offences Act defines the punishment to be meted out for different scenarios of violations, and serves as an instrument for the imprisonment and caning of offenders. Apart from unlawful possession of arms or ammunition, illegal usage of arms in particular

222-531: A T-baton and a metal pole used for securing an intravenous drip . Iskandar was eventually sentenced to life imprisonment and 18 strokes of the cane for a lesser charge of unlawful possession of a firearm to cause hurt to a public servant, which carries a mandatory life sentence with caning between 6 and 24 strokes of the cane under the Arms Offences. Caning in Singapore Caning

333-421: A whole life order , in cases that involve such "exceptionally" high aggravating factors, such as the murder of two or more persons, or the murder of a child following abduction or with sexual/sadistic motivation, meaning the person will never become eligible for parole. The United Kingdom currently also has three more mandatory minimum sentences for certain offences, namely: a minimum of 7 years' imprisonment for

444-427: A Drug Free initiative regarding an individual's employment, a Drug Free workplace and certification requirements for employers, and a Drug Free environment for those who receive government benefits (such as for low-income housing recipients). The act further addresses interventions regarding illegal sale of imported drugs, such as the ability to confiscate assets for those guilty of distribution. The act also implemented

555-529: A conviction of vandalism. Caning is not imposed on first-time offenders who use delible substances (e.g. pencil, crayon, chalk) to commit vandalism. Beginning in the 1990s, the higher courts have been more inclined to impose caning sentences in cases where caning is a discretionary punishment. For example, in 1993, an 18-year-old molester was initially sentenced to six months' imprisonment but he appealed against his sentence. Chief Justice Yong Pung How not only dismissed his appeal, but also added three strokes of

666-605: A court of law may also be punished by caning in the same way if they commit aggravated offences while serving time in prison. Similarly, male juvenile delinquents in reformatories may be punished by caning for serious offences. Servicemen in the Singapore Armed Forces (SAF) who commit serious military offences may be sentenced by a military court to a less severe form of caning in the SAF Detention Barracks, which houses military offenders. In

777-589: A firearm in Singapore, even with no intention to kill, would face the mandatory death penalty ). Muhammad Iskandar Sa'at was also charged in June 2015 under the Arms Offences Act after discharging three rounds from a .38-calibre Taurus revolver at a policeman in a private room at Khoo Teck Puat Hospital during a struggle in the hospital room. He had allegedly also hit the police officer repeatedly with

888-529: A firearm, because it was truly mandatory only for a second offence, whereas it would have been presumptively mandatory for a first offence. A mandatory sentence for a second offence of drug trafficking was struck out in 2021 for similar reasons; the conviction was upheld but the sentence referred back to the Circuit Court for reconsideration. In the United Kingdom, upon conviction for murder,

999-504: A fixed imprisonment of 20 years, with one-third reduction of the sentence for good behaviour under Singapore law before 1997, Nyu was most likely released after serving full his life sentence since July 2005. In July 1984, in Shenton Way , gunman Khor Kok Soon had fired three shots at police officers chasing him before he managed to escape in a lorry, forcing a lorry driver to drive him to safety. The driver, 25-year-old Ong King Hock,

1110-421: A greater tendency to be reported in the press. The prison officers who administer caning are carefully selected and specially trained for the job. They are generally physically fit and strongly built. Some hold high grades in martial arts even though proficiency in martial arts is not a requirement for the job. They are trained to use their entire body weight as the power behind every stroke instead of using only

1221-399: A jail sentence, and not as a punishment by itself. Those who are sentenced to caning and are in the process of appealing against their sentences do not have their sentences carried out while pending the outcome of their appeals. Similarly, during the period before the convicts' deadlines of their appeal notices, caning is not carried out until the deadline expires and with the convict not making

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1332-471: A jury and found factual beyond a reasonable doubt. It increases the burden on the prosecutor to show that the sentence is necessary for the individual crime by requiring that a mandatory minimum sentence be denied for a defendant unless they fulfill certain criteria. Attorney General Holder held that the charges placed on an individual should reflect the uniqueness of the case and consideration in assessing and fairly representing his/her given conduct. This purpose

1443-538: A minimum non-parole period of 20 years (25 years in South Australia and the Northern Territory) if a criminal is convicted of the murder of a police officer or public official. Australia also has legislation allowing mandatory prison sentences of between five and 25 years for people smuggling, in addition to a fine of up to $ 500,000, and forfeiture and destruction of the vessel or aircraft used in

1554-606: A minimum of two to ten years with a fine up to $ 20,000; however, in 1970, the United States Congress repealed mandatory penalties for cannabis offenses. With the passage of the Anti-Drug Abuse Act of 1986 Congress enacted different mandatory minimum sentences for drugs, including marijuana. The Anti-Drug Abuse Act of 1986 profoundly affected the US legal system into contemporary times. The act led to

1665-438: A much milder form, caning is used as a disciplinary measure in schools. Boys aged between 6 and 19 may be given up to three strokes with a light rattan cane on the buttocks over clothing or the palm of the hand as a punishment for serious misconduct, often as a last resort. As the law does not allow schools to cane girls, they receive alternative forms of punishment such as detention or suspension. A smaller cane or other implement

1776-405: A notice of appeal. It is administered in an enclosed area in the prison out of the view of the public and other inmates. However, anecdotal evidence suggests that the offender, while waiting in a queue for his turn to be caned, has the chance to observe or hear the screams and cries of those before him getting caned. The order is determined by the number of strokes the offender is receiving, with

1887-745: A number of international human rights treaties which prohibit the use of corporal punishment. These include the International Covenant on Civil and Political Rights , the Convention Against Torture and the International Convention for the Protection of All Persons from Enforced Disappearance . Under the law, women, men above the age of 50, and men sentenced to death whose sentences have not been commuted, cannot be sentenced to caning. It

1998-517: A part in the 1983 high-profile Andrew Road triple murders , which were committed by 19-year-old NS conscript Sek Kim Wah. In this case, on 23 July 1983, Sek, together with an accomplice Nyu Kok Meng, also aged 19, armed themselves with a rifle which Sek stole from his army camp in Nee Soon and went to rob a rich businessman's house in Andrew Road and took the businessman and four other people -

2109-559: A person over 18 convicted of a domestic burglary for the third or subsequent time. In 1994, California introduced a "Three Strikes Law". This state is known for fully enforcing laws and is considered most severe in comparison to other states. The Three strikes law was intended to reduce crime by implementing extended sentencing to deter repeated offenders. This consideration further restricts one's ability to commit new crimes.   Similar laws were subsequently adopted in most American jurisdictions . However, California's "Three Strikes Law"

2220-402: A person over 18 convicted of trafficking, supplying or producing Class A drugs for the third or subsequent time; a minimum of 5 years' imprisonment (for a person over 18) or 3 years' imprisonment (for a person aged 16–17) for possession, purchase, acquisition, manufacture, transfer or sale of a prohibited firearm or weapon for the first or subsequent time; and a minimum of 3 years' imprisonment for

2331-453: A person under 18; 15 years' imprisonment for all "other" cases of murder committed by a person over 18; 25 years' imprisonment for cases of murder where a person over 18 uses a knife or other weapon at the scene; 30 years' imprisonment for cases of murder with "particularly" high aggravating factors, such as those that involve the use of a firearm or explosive, or a murder in the course of committing another offence such as robbery or burglary; and

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2442-461: A predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature , not the judicial system . They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require

2553-442: A prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws. Mandatory sentencing laws often target "moral vices" (such as alcohol, sex, drugs) and crimes that threaten a person's livelihood. The idea is that there are some crimes that are so heinous, there

2664-458: A report of an offence, the prison provost officers will conduct an investigation to collect and review evidence. After that, the accused inmate is given an opportunity to hear the charge and evidence against him and present his defence before a superintendent. The case will also be reviewed by an independent committee appointed by the Ministry of Home Affairs (MHA) , comprising reputable members of

2775-616: A response to the cases of king hit assaults in Sydney. These laws were championed by NSW Premier Barry O'Farrell largely due to the wide media coverage of similar cases, in particular the case of Kieren Loveridge who killed Thomas Kelly. Life imprisonment is mandatory for murder in Queensland, South Australia, and the Northern Territory. Life imprisonment is only mandatory in the other states for aircraft hijacking or with

2886-553: A third time of a drug trafficking offence involving a class A drug , and a mandatory minimum sentence of three years for those convicted for the third time of burglary. An amendment by the Labour opposition established that mandatory sentences should not be imposed if the judge considered it unjust. According to figures released by the British government in 2005, just three drug dealers and eight burglars received mandatory sentences in

2997-529: A towel to put over the buttocks. He couldn't sit for too long so he was standing up. Permanent scars remain after the wounds have healed. Judicial caning is also used as a form of legal punishment for criminal offences in two of Singapore's neighbouring countries, Brunei and Malaysia. There are some differences across the three countries. Male convicts who are not sentenced to caning by the courts may be caned if they commit aggravated or serious offences in prison while serving their sentences. This type of caning

3108-534: Is a widely used form of corporal punishment in Singapore . It can be divided into several contexts: judicial, prison, reformatory, military, school and domestic. These practices of caning as punishment were introduced during the period of British colonial rule in Singapore . Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries, Malaysia and Brunei . Of these, judicial caning

3219-602: Is also a mandatory punishment for certain offences such as rape , drug trafficking , illegal moneylending , and for foreigners who overstay by more than 90 days – a measure designed to deter illegal immigrants. While most of Singapore's laws on offences punishable by caning were inherited from the British legal system through the Indian Penal Code , the Vandalism Act was only introduced in 1966 after independence, in what has been argued to be an attempt by

3330-430: Is carried out in the same way as judicial caning ordered by the courts. A prison superintendent may order an inmate to receive up to 12 strokes of the cane for aggravated offences that have serious implications for institutional order and discipline. Such offences include engaging in gang activities, mutiny, attempting to escape, destruction of prison property, and assaulting prison staff or fellow inmates. Upon receiving

3441-504: Is clearly outlined for all, especially those who are subjected to such sentencing. strike (1) strike (2) strike (3) A similar "three strikes" policy was introduced to the United Kingdom by the Conservative government in 1997. This legislation enacted a mandatory life sentence on a conviction for a second "serious" violent or sexual offence (i.e. "two strikes" law), a minimum sentence of seven years for those convicted for

Arms Offences Act - Misplaced Pages Continue

3552-422: Is mandatory for murder if committed, at the time of the offence, as an adult. Parole ineligibility periods vary, but under Irish and Canadian law, are not less than 7 and 10 years, respectively. In New Zealand, life imprisonment is mandatory for murder. Murders with certain aggravating factors have a mandatory 17-year non-parole period, instead of the default 10 years for life imprisonment. Since 2002, judges have

3663-427: Is medically fit for the caning. If he is certified fit, he proceeds to receive his punishment; if he is certified unfit, he is sent back to the court for the sentence to be remitted or converted to additional time in prison. A prison officer confirms with him the number of strokes he has been sentenced to. In practice, the offender is required to strip completely naked for the caning. Once he has removed his clothes, he

3774-628: Is more cost-effective than long sentences. They also cite a survey indicating that the public now prefers judicial discretion to mandatory minimums. In 2015, a number of United States reformers, including the ACLU , the Center for American Progress , Families Against Mandatory Minimums , Koch family foundations , the Coalition for Public Safety , and the MacArthur Foundation , announced

3885-467: Is no more than 6.35 mm (0.25 inches) in diameter (about half the thickness of the prison/judicial cane). During the punishment, the offender is secured in a bent-over position to a trestle similar to the one used for judicial/prison canings. Caning is used as a form of legal corporal punishment in government homes, remand homes and other homes for youths. Youths aged 16 and below who have allegedly committed crimes may be placed in remand homes during

3996-422: Is no way to accept the offender back into the general population without first punishing them sufficiently. Some crimes are viewed as serious enough to require an indefinite removal from society by a life sentence, or sometimes capital punishment. It is viewed as a public service to separate these people from the general population, as it is assumed that the nature of the crime or the frequency of violation supersedes

4107-482: Is not a danger to the public. This resulted in far more life sentences than the 1997 legislation. In response to prison overcrowding , the law was changed in 2008 to reduce the number of such sentences being passed, by restoring judicial discretion and abolishing the presumption that a repeat offender is dangerous. Australia's Northern Territory in March 1997 introduced mandatory sentences of one month to one year for

4218-505: Is not something that they would have done in a sober state. Intoxication is not a justification for criminal behaviour, nor (in most jurisdictions in the U.S. and Commonwealth) a legal defence; but since an intoxicated person's decisions are less likely to be shaped by rational assessment of consequences than those of a sober person, deterrence is likely to be less effective for intoxicated people. Research indicates that mandatory minimum sentencing effectively shifts discretion from judges to

4329-591: Is often used by some parents to punish their children. This practice is allowed in Singapore but not encouraged by the government. The Singaporean government has stated that in its opinion, the Convention on the Rights of the Child does not prohibit "the judicious application of corporal punishment in the best interest of the child ." Caning, as a form of legally sanctioned corporal punishment for convicted criminals,

4440-608: Is punished with imprisonment from 4 years to life, and for an illegal loaded gun one year in state prison. The state of Florida in the United States has a very strict minimum sentencing policy known as 10-20-Life , which includes the following minimums: 10 years' imprisonment for using a gun during a crime, 20 years' imprisonment for firing a gun during a crime, and 25 years' imprisonment in addition to any other sentence for shooting somebody, regardless of whether they survive or not. In Canada and Ireland , life imprisonment

4551-424: Is restrained in a large wooden trestle based on the British dual-purpose prison flogging frame. He stands barefooted on the trestle base and bends over a padded horizontal crossbar on one side of the trestle, with the crossbar adjusted to around his waist level. His feet are tied to a lower crossbar on the same side by restraining ankle cuffs made of leather, while his hands are secured to another horizontal crossbar on

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4662-468: Is subject only to fines; it is not and has never been an offence punishable by caning. In 1993, the number of caning sentences ordered by the courts was 3,244. By 2007, this figure had doubled to 6,404, of which about 95% were actually implemented. Since 2007, the number of caning sentences has experienced an overall decline, falling to 1,257 in 2016. Caning takes place at several institutions around Singapore, most notably Changi Prison , and including

4773-524: Is the most severe. It is applicable to only male convicts under the age of 50 for a wide range of offences under the Criminal Procedure Code , up to a maximum of 24 strokes per trial. Always ordered in addition to a prison sentence, it is inflicted by specially trained prison staff using a long and thick rattan cane on the prisoner's bare buttocks in an enclosed area in the prison. Male criminals who were not sentenced to caning earlier in

4884-437: Is the process by which a judge determines whether to apply a particular policy to an offender. The third decision judges make in discretionary schemes is how to apply the sentencing policies to the particular facts. By the mid-twentieth century, mandatory sentencing was implemented. Their actions would result in punishment as a part of the sentencing process, regardless of the type of weapon in question. The first individual waved

4995-509: Is the proper role of a judge, not a prosecutor, to apply discretion given the particular facts of a case (e.g., whether a drug defendant was a kingpin or low-level participant, or whether sex offender registration is an appropriate measure for a given crime and offender). When prosecutors apply discretion, they tend to invoke sentencing disparities when choosing among a variety of statutes with different sentencing consequences. In addition to fairness arguments, some opponents believe that treatment

5106-403: Is to prevent recidivism. Criminal justice advocates in the United States argue that mandatory minimum sentences are a major cause of the removal of the "bottom income half to quartile" of its population from the general public. As part of police targeting and surveillance and often harsh sentencing, mandatory sentencing often is proposed as "fairness" by those unfamiliar with the penal systems in

5217-649: The American Bar Association which stated that "Sentencing by mandatory minimums is the antithesis of rational sentencing policy". In 2004 the association called for the repeal of mandatory minimum sentences, stating that "there is no need for mandatory minimum sentences in a guided sentencing system." A 1997 study by the RAND Corporation found that mandatory minimums for cocaine offenses were not cost-effective in regards to either cocaine consumption or drug crime. Some judges have expressed

5328-623: The Shenton Way shooting incident , was re-enacted in True Files . On 9 January 2009, 42-year-old gunman Tan Chor Jin (AKA: the One-eyed Dragon) was hanged in Changi Prison for fatally shooting 41-year-old nightclub owner Lim Hock Soon in 15 February 2006. Initially charged with murder, Tan was sentenced to death for unlawfully discharging his firearm under the Arms Offences Act (under this Act, anyone who unlawfully discharged

5439-489: The Singapore Bar Association stated, "The blows are applied with the full force of the jailer's arm. When the rattan hits the bare buttocks, the skin disintegrates, leaving a white line and then a flow of blood." Usually, the buttocks will be covered with blood after three strokes. More profuse bleeding may occur in the case of a larger number of strokes. An eyewitness described that after 24 strokes,

5550-487: The "tough on crime" policy. United States federal juries are generally not allowed to be informed of the mandatory minimum penalties that may apply if the accused is convicted because the jury's role is limited to a determination of guilt or innocence. However, defense attorneys sometimes have found ways to impart this information to juries; for instance, it is occasionally possible, on cross-examination of an informant who faced similar charges, to ask how much time he

5661-475: The 1913 Criminal Code. In 1997 mandatory sentencing was introduced to the Northern Territory in Australia. The "three strikes" policy raised incarceration rates of indigenous women by 223% in the first year. The incarceration rate for men rose by 57% and 67% for indigenous men. The mandatory sentencing laws sparked debate of the laws being discriminative (indirectly) as indigenous people are overrepresented in

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5772-542: The Dangerous Fireworks Act states that caning is mandatory for a manager or owner of a company which imports, delivers or sells dangerous fireworks. Another example is the transporting of illegal immigrants; a manager of a company who authorises or participates in such activity can be sentenced to caning. In July 1998, police reported six cases of employers sentenced to imprisonment and caning for hiring illegal immigrants. The importation of chewing gum

5883-632: The Detention Barracks. In all cases, the caning sentence must be approved by the Armed Forces Council before it can be administered. The minimum age for a serviceman to be sentenced to caning is 16 (now 16 + 1 ⁄ 2 de facto , since entry into the SAF is restricted to those above that age). This form of caning was originally intended primarily for use on recalcitrant teenage conscripts serving full-time National Service in

5994-536: The Justice Department would follow a new policy restricting mandatory minimum sentences in certain drug cases. Prosecutions dropped, drug enforcement agent morale dropped, and fentanyl and heroin overdoses soared, reported The Washington Post in 2019. In Alleyne v. United States (2013) the Supreme Court held that increasing a sentence past the mandatory minimum requirement must be submitted by

6105-481: The Oireachtas specify a mandatory sentence of life imprisonment for murder and treason , and mandatory minimum sentences for various lesser offences. A mandatory minimum sentence may be truly mandatory or may be presumptive, giving a judge discretion to impose a lesser sentence in exceptional circumstances. Mandatory sentences have been challenged on grounds that they violate the separation of powers required by

6216-435: The SAF. Military caning is less severe than its civilian counterpart, and is designed not to cause undue bleeding or to leave permanent scars. The offender must be certified by a medical officer to be in a fit condition of health to undergo the punishment and shall wear "protective clothing" as prescribed. The punishment is administered on the buttocks, which are covered by a "protective guard" to prevent cuts. The cane used

6327-460: The US. Mandatory sentencing still has not been linked to other areas such as racial profiling, a 700% increase in US prison incarceration rates , zero tolerance and prison growth at the expense of employment, housing, education, family support and quality of life. The state of Florida has a 10-20-Life mandatory sentence law regarding sentences for the use of a firearm during the commission of another crime, and many PSA posters were created after

6438-434: The ability to overrule mandatory sentences where they would be deemed "manifestly unjust", such as in cases involving mercy killings and failed suicide pacts. In Germany , murder for pleasure, sexual gratification, greed or other base motives, by stealth or cruelly or by means that pose a danger to the public or to facilitate or cover up another offense is mandatorily punished by life imprisonment. In Ireland , Acts of

6549-443: The buttocks may still occur in the days after the caning. M Ravi , a human-rights lawyer, described the injuries of his client, Ye Ming Yuen, who received 24 strokes, as follows: All over his buttocks were multiple marks and deep lacerations. It was so shocking [that] my female paralegal who was with me almost fainted. [...] The wounds were so deep with blood, flesh and layers of the skin exposed. He didn't have any bandages, just

6660-441: The buttocks will be a "bloody mess". Men who were caned have variously described the pain they experienced as "unbearable", "excruciating", "equivalent to getting hit by a lorry", "having a hot iron placed on your buttocks", etc. A recipient of 10 strokes said, "The pain was beyond description. If there is a word stronger than excruciating, that should be the word to describe it". Most offenders struggle violently after each of

6771-492: The cane to the sentence. This precedent set by the Chief Justice became a benchmark for sentences in molestation cases, where the court is expected to sentence a molester to at least nine months' imprisonment and three strokes of the cane if the offence involves touching the victim's private parts. In some cases, male employees can be sentenced to caning for offences committed by the company they work for. For instance,

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6882-454: The caning, the offender is released from the trestle and receives medical treatment. Antiseptic lotion ( gentian violet ) is applied on the wounds. The offender is also given painkillers and antibiotics. The wounds usually take between a week and a month to heal, depending on the number of strokes received. During this time, offenders cannot sit down or lie down on their backs, and experience difficulties controlling their bowels. Bleeding from

6993-587: The caning: They are not only afraid of the physical pain, but are also worried whether they can prevent themselves from crying out because crying means that they would " lose face " and be labelled "weak" by their fellow inmates. Gopal Baratham , a Singaporean neurosurgeon and opponent of the practice, in his book The Caning of Michael Fay: The Inside Story by a Singaporean , criticised the American tabloid press for false claims, such as that canings are public events (in fact they always take place privately inside

7104-463: The committing of a scheduled offence, the Act also prescribes punishment for accomplices and individuals who consort with offenders and traffickers. The first person to be charged and convicted under the Act was Sha Bakar Dawood . He was sentenced to death in 1975 for shooting and wounding three people at a brothel and then opening fire at police at Thiam Siew Avenue. The Arms Offences Act has also played

7215-461: The constitution , by allowing the Oireachtas (legislature) to interfere in the judicial process. In 2012 the Supreme Court ruled that the mandatory sentence of life imprisonment for murder was constitutional. However, in 2019, it ruled that a mandatory minimum sentence had to apply for all offenders, not for certain classes of offenders. It struck out a sentence of 5 years for possession of

7326-505: The court has to extend a convict's prison term in lieu of caning, the extension will range from nine to 12 months when the case involves more than 19 strokes of the cane. Singaporean law allows caning to be ordered for over 35 offences, including hostage-taking / kidnapping , robbery , gang robbery with murder , rioting , causing grievous hurt , drug abuse , vandalism , extortion , voyeurism , sexual abuse, molestation (outrage of modesty) , and unlawful possession of weapons . Caning

7437-494: The court must sentence the defendant to life imprisonment . The law requires that courts must set a minimum term before they become eligible for parole. For this purpose a number of "starting points" are in place that give guidance to a judge to impose a sentence in each different case of murder. There are currently five "starting points" for murder in England and Wales, namely: 12 years' imprisonment for cases of murder committed by

7548-496: The crime statistics in the Northern Territory. New South Wales has two mandatory sentences currently. The Crimes Amendment (Murder of Police Officers) Bill 2011 introduced mandatory life sentence without parole for a person convicted of murdering a police officer. Also, the Crimes and Other Legislation (Assault and Intoxication) Amendment 2014 introduced mandatory minimum sentencing of 8 years for alcohol fuelled acts of violence, as

7659-490: The discretionary applications that judges used in sentencing. The assessment for sentencing was determined by three separate decisions by the judge in each specific case: (1) policy-based decisions, (2) fact-based decisions, and (3) applying such policy to such particular facts. In review of these policies regarding the applications of sentencing, the policy decisions are those that dictate what considerations should affect punishment. The second, which includes factual determinations

7770-460: The effect of the stroke. If he is too far, the stroke will only cover part of the buttocks." Strokes are delivered at intervals of about 30 seconds. The caning officer is required to exert as much strength as he can muster for each stroke. The offender receives all the strokes in a single caning session, not in instalments. According to anecdotal evidence, if the sentence involves a large number of strokes, two or more officers will take turns to cane

7881-554: The federal offender population in general." According to the Statistical Overview of Mandatory Minimum Penalties presented in October 2011, "[o]f all offenders convicted of an offense carrying a mandatory minimum punishment and who remained subject to that penalty at sentencing, 38.5 percent were Black (n=4,076), 31.8 percent were Hispanic (n=3,364), and 27.5 percent (n=2,913) were White." Although exceptions such as

7992-490: The first laws surrounding money laundering, which also led to the exposure of professional dealers. Those found guilty of distribution were sentenced as outlined. Separate from each state's own courts, federal courts in the United States are guided by the Federal Sentencing Guidelines . (See War on Drugs for more information about US drug laws.) When a guideline sentencing range is less than

8103-426: The first three strokes and then their struggles lessen as they become weaker. By the time the caning is over, those who receive more than three strokes will be in a state of shock . During the caning, some offenders will pretend to faint but they have not been able to fool the medical officer, who decides whether the punishment continues or stops. Offenders often undergo a lot of psychological distress before and during

8214-455: The girl and teacher from Sek's murderous rampage. When Sek gave up trying to barge into the locked room to kill the others and escaped, Nyu released the businessman's daughter and her tutor after telling them to inform the police and Sek's address before he himself escaped. The following police investigations of the case led to Sek's arrest six days after the crime and Nyu later surrendered to the police. Initially charged with murder, Nyu Kok Meng

8325-427: The highest rates (64.3% in fiscal year 2000, 71.4 percent in fiscal year 2005, and 56.1% in fiscal year 2010). White offenders received relief at 60.3 percent in fiscal year 2000, 42.5 percent in fiscal year 2005, and 46.5 percent in fiscal year 2010." Opponents of mandatory sentencing point to studies that show criminals are deterred more effectively by increasing the chances of their conviction, rather than increasing

8436-465: The intention of sexual abuse , a second or subsequent conviction of rape , a second or subsequent offence relating to prostitution , and living on or trading in prostitution. Caning remained on the statute book after Malaya became independent from Britain in 1957, and after Singapore ceased to be part of Malaysia in 1965. Subsequent legislation has been passed by the Parliament of Singapore over

8547-406: The judge than the offender. Subsequently, creating stricter sentencing guidelines would purportedly promote consistency and fairness in the judicial system. Mandatory sentences are also supposed to serve as a general deterrence for potential criminals and repeat offenders , who are expected to avoid crime because they can be certain of their sentence if they are caught. This is the reasoning behind

8658-568: The largest number going first. A medical officer and the Superintendent of Prisons are required to be present at every caning session. The offender is not told in advance when he will be caned; he is notified only on the day his sentence is to be carried out. Offenders often undergo a lot of psychological distress as a result of being put into such uncertainty. On the day itself, the medical officer examines him by measuring his blood pressure and other physical conditions to check whether he

8769-410: The law was passed, which coined the slogan "Use a gun, and you're done." It gave a minimum mandatory sentence of 10 years if the offender pulls a gun, but does not fire a shot, 20 years if at least one shot is fired, and 25 years to life if the offender shoots someone. In 1996, 12-month mandatory sentencing laws around third offence home burglary were introduced by Western Australia through amendments to

8880-522: The mandatory minimum will not be applied. Safety Valve was created in 1994 to reduce mandatory sentencing for drug offenders under the following provisions: In October 2011, a report was issued to assess the impact of United States v. Booker mandatory minimum penalties on federal sentencing by the United States Sentencing Commission . In 2013, United States Attorney General Eric H. Holder, Jr. announced that

8991-405: The next seven years, because judges thought a longer sentence was unjust in all other drug and burglary cases where the defendant was found guilty. However, in 2003 a new "two strikes" law was enacted (effective from April 4, 2005), requiring courts to presume that a criminal who commits his second violent or dangerous offence deserves a life sentence unless the judge is satisfied that the defendant

9102-497: The now defunct Queenstown Remand Centre, where Michael Fay was caned in 1994. Canings are also administered in Drug Rehabilitation Centres. Most caning sentences are far below the legal limit of 24 strokes. Although sentences of between three and six strokes are much more common, they usually receive less or no coverage by the media. Normally, only the more serious cases involving heavier sentences will have

9213-415: The offence. In 2017, the government of Victoria introduced a "two-strike" policy, with a minimum six-year jail sentence for repeat violent offenders. Victoria also has a mandatory 10-year minimum sentence for people convicted of killing someone in a so-called "one punch" attack. Denmark has mandatory minimum sentences for murder (five years to life) and regicide (life in prison § 115), deadly arson

9324-446: The offender every six strokes to ensure that the later strokes are as forceful as the earlier ones. During the caning, if the medical officer certifies that the offender is not in a fit state of health to undergo the rest of the punishment, the caning must be stopped. The offender will then be sent back to the court for the remaining number of strokes to be remitted or converted to a prison term of no more than 12 months, in addition to

9435-467: The opinion that mandatory minimum sentencing, especially in relation to alcohol-fueled violence, is not effective. In R v O’Connor , the High Court of Australia gave the opinion that when an offender is intoxicated, there will likely be a change in their personality and behaviour, which will then affect their self-control; that, while an offender may commit an act which is voluntary and intentional, it

9546-421: The original prison term he was sentenced to. Caning can cause significant physical damage, depending largely on the number of strokes inflicted. Michael Fay , who received four strokes, said in an interview, "The skin did rip open, there was some blood. I mean, let's not exaggerate, and let's not say a few drops or that the blood was gushing out. It was in between the two. It's like a bloody nose." A report by

9657-401: The other side by wrist cuffs of similar design; his hands can hold on to the crossbar. After he is secured to the trestle in a bent-over position at an angle of close to 90° at the hip, protective padding is tied around his lower back to protect the vulnerable kidney and lower spine area from any strokes that might land off-target. The punishment is administered on his bare buttocks to minimise

9768-617: The period of investigation. If convicted, they may be sent to the state-run reformatories , namely the Singapore Boys' Home and the Singapore Girls' Home, for up to three years. The Singapore Boys' Home has youths aged 11 through 18 who have been sent there by the courts for committing offences such as theft, robbery or rioting, or because they have been deemed to be Beyond Parental Control. Mandatory life sentence Mandatory sentencing requires that offenders serve

9879-410: The prison): Two lashers took turns to wield the bamboo cane. Blood spurted, bits of flesh flew and the prisoner screamed in pain. ... The canings drew hundreds of people, including a lot of women and everybody seemed to love it. Each time the guy got wacked [ sic ], the crowd would roar – like at a hockey game. They really enjoyed what they saw. ( New York Newsday , 20 April 1994) After

9990-457: The prosecutors. Prosecutors decide what charges to bring against a defendant, and they can "stack the deck", which involves over-charging a defendant to get them to plead guilty. Since prosecutors are part of the executive branch, and the judicial branch has almost no role in the sentencing, the checks and balances of the democratic system are removed, thus diluting the notion of separation of powers . Opponents of mandatory sentencing argue that it

10101-737: The public and including at least one legally-trained member. After that, the Commissioner of Prisons will review the case and confirm the punishment imposed or vary it accordingly. Depending on the circumstances, the case may be referred to a visiting justice , who has the authority to order an inmate to be caned. In 2021, the MHA revealed that from 2011 to 2020, the Singapore Prison Service administered 2,875 instances of prison caning to 2,149 inmates for committing aggravated or major offences in prison. The median number of strokes

10212-412: The risk of any injury to bones and organs. He is not gagged. The caning officer positions himself beside the trestle. The Director of Prisons explained in a 1974 press conference, "Correct positioning is critically important. If he is too near the prisoner, the tip of the cane will fall beyond the buttocks and the force of the stroke will cause the unsupported tip to dip and bend the cane and thus reduce

10323-565: The ruling People's Action Party (PAP) to suppress the opposition's activities in the 1960s because opposition supporters vandalised public property with anti-PAP graffiti. Vandalism was originally prohibited by the Minor Offences Act, which made it punishable by a fine of up to S$ 50 or a week in jail, but did not permit caning. Today, the Vandalism Act imposes a mandatory caning sentence of between three and eight strokes for

10434-506: The safety valve are authorized, demographics associated with race relevant to mandatory sentencing continue to show. "Hispanic offenders received relief from applicable mandatory minimum penalties at the highest rates, with rates of 65.9 percent in fiscal year 2000, 57.7 percent in fiscal year 2005, and 55.7 percent in fiscal year 2010. Other Race offenders had the next highest rates (52.8% in fiscal year 2000, 53.1% in fiscal year 2005 and 58.9% in fiscal year 2010). Black offenders consistently had

10545-413: The school and military contexts. The cane is soaked in water overnight to make it supple and prevent it from splitting and embedding splinters in the wounds. The Prisons Department denies that the cane is soaked in brine , but has said that it is treated with antiseptic before use to prevent infection. A lighter cane is used for juvenile offenders. Caning is, in practice, always ordered in addition to

10656-709: The sentence if they are convicted. In a hearing of the House Judiciary Committee , Judge Paul G. Cassell, from the United States District Court for the District of Utah , described mandatory sentencing as resulting in harsh sentencing and cruel and unusual punishment , stating that the sentencing requirements punish defendants "more harshly for crimes that threaten potential violence than for crimes that conclude in actual violence to victims". A hearing in 2009 heard testimony from

10767-492: The statutory mandatory minimum, the latter prevails. Under the Controlled Substances Act , prosecutors have great power to influence a defendant's sentence and thereby create incentives for defendants to accept a plea agreement . For example, defendants with prior drug felonies are often subject to harsh mandatory minimums, but a prosecutor can exercise discretion to not file a prior felony information. Then

10878-414: The strength from their arms, as well as to induce as much pain as possible. They can swing the cane at a speed of up to 160 km/h (99 miles per hour) and produce a force upon impact of at least 880 N . A rattan cane, no more than 12.7 mm (0.5 inches) in diameter and about 1.2 m (3.9 feet) in length, is used for judicial and prison canings. It is about twice as thick as the canes used in

10989-421: The subjective opinion of a judge. Remedying the irregularities in sentencing that arise from judicial discretion is supposed to make sentencing more fair and balanced. In Australia and the United Kingdom, sentencing has been heavily influenced by judicial idiosyncrasies. Individual judges have a significant effect on the outcome of the case, sometimes leading the public to believe that a sentence reflects more about

11100-509: The third offence regarding property and theft. They were later adopted by Western Australia . Concerning US federal prisons, Barbara S. Meierhoefer, in her report for the Federal Judicial Center stated: "The proportion of black offenders grew from under 10% in 1984 to 28% of the mandatory minimum drug offenders by 1990; whites now constitute less than a majority of this group. This is a much more dramatic shift than found in

11211-546: The use and sales of drugs. However during this time, discretionary sentencing was still practiced. Therefore, there were different sentences for individuals who were guilty of using prohibited drugs compared to those who sold drugs. Mandatory sentencing and increased punishment were enacted when the United States Congress passed the Boggs Act of 1951 . The act made a first time cannabis possession offense

11322-455: The weapon, but the second waved and inflicted force. Therefore, the two individuals in question regarding the same crime could receive two separate sentences. Over time, the United States had changed implementation of sentencing laws. Beginning in the early 1900s, the United States began to assess its role on the use of drugs, their purpose and the responsibilities within the law. During this time in 1914, opiate drug use outside of medical purpose

11433-414: The wife, daughter, maid and the daughter's Chinese language tutor - hostage. In an attempt to eliminate witnesses after robbing the family, Sek murdered three of the hostages, namely the businessman himself, along with his wife and maid. Filled with horror upon witnessing his accomplice's actions, Nyu locked himself in a room with the remaining two hostages (the tutor and the daughter) and the rifle to protect

11544-435: The years to increase the minimum strokes an offender receives, and the number of crimes that may be punished with caning. Sections 325–332 of the Criminal Procedure Code 2010 lay down the procedures governing caning. They include the following: Any male convict, whether sentenced to caning or not, may also be caned in prison if he commits certain offences while serving time in prison. Singapore has not signed or ratified

11655-619: Was facing. It is sometimes deemed permissible because it is a means of impeaching the witness. However, in at least one state court case in Idaho , it was deemed impermissible. Notably, capital punishment has been mandatory for murder in a certain number of jurisdictions, including the United Kingdom until 1957 and Canada until 1961. Throughout US history, prison sentences were primarily founded upon discretionary sentencing. Sentencing practices under this system received criticism due to

11766-601: Was first introduced to Malaya and Singapore during the period of British colonial rule in the 19th century. It was formally codified under the Straits Settlements Penal Code Ordinance IV in 1871. In that era, offences punishable by caning were similar to those punishable by birching or flogging (with the cat o' nine tails ) in England and Wales . They included robbery , aggravated forms of theft , burglary , assault with

11877-542: Was found fatally shot in his lorry, which was abandoned at an alley (but Khor had escaped by the time the lorry was found). Khor, who evaded capture for the next 19 years, was arrested in Malaysia on 27 December 2003 and extradited back to Singapore for trial. He was charged for firing his gun thrice under this Act (as well as the murder of the lorry driver) and in February 2005, Khor was sentenced to hang. The case, known as

11988-427: Was not uncommon for the courts to extend, by up to 12 months, the prison terms of offenders originally sentenced to caning but later found to be medically unfit to undergo the punishment. However, on 9 May 2017, the High Court ruled that the courts should not automatically impose an additional jail term in lieu of caning unless there are reasons to do so. According to judicial indicative guidelines, in situations where

12099-515: Was prohibited. In 1930, marijuana reached the same platform as opiates, with its use being prohibited. This led to stiffer regulations, even though the use of marijuana was not believed to evoke violent tenancies as previously suggested in earlier years, but this level of awareness had not reached public acknowledgment. In turn, sentencing guidelines in reference to drug use were further affected, as they were in cases involving primarily opiates (heroin and morphine ). The sentencing guidelines applied to

12210-510: Was subsequently tried and convicted under the Arms Offences Act for using a firearm to commit armed robbery in July 1985, and sentenced to serve life in prison with 6 strokes of the cane, while Sek was sentenced to death in a separate trial for the triple murders at Andrew Road on 14 August 1985. Sek, who was found to be also responsible for an unsolved double murder at East Coast Park, was later hanged on 9 December 1988. Since life imprisonment meant

12321-485: Was three and the most common offences involved aggravated violence against other inmates and violence against prison staff. No cases were referred to visiting justices during that period. In the Singapore Armed Forces (SAF), a subordinate military court, or the officer in charge of the SAF Detention Barracks, may sentence a serviceman to a maximum of 24 strokes of the cane for committing certain military offences or for committing aggravated offences while being detained in

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