Singapore legislation
Section 7
Section 7
Instructing commission of offence for organised criminal group
(1)
A person in Singapore commits an offence if the person instructs, directly or indirectly, any other person (whether within or outside Singapore) to commit —
a Part 2 offence (other than an offence under this section); or
an offence under any written law which the person instructing knows is at the direction of, or in furtherance of the illegal purpose of, an organised criminal group.
(2)
A person outside Singapore commits an offence if the person instructs, directly or indirectly, any other person (whether within or outside Singapore) to commit —
a Part 2 offence (other than an offence under this section); or
an offence under any written law which the person instructing knows is at the direction of, or in furtherance of the illegal purpose of, a locally-linked organised criminal group.
(3)
A person (A) who commits an offence under subsection (1) or (2) shall be guilty of an offence, and the punishment for the offence upon A’s conviction is as follows:
if the offence instructed is not committed in consequence of A’s instruction — the punishment provided for the offence instructed, but as modified by subsection (4);
if the offence instructed is committed in consequence of A’s instruction — the punishment provided for the offence instructed, but as modified by subsection (5);
if the person instructed commits the offence instructed with a different intention or knowledge from A — the punishment provided for the offence which would have been committed if the offence had been done with the intention or knowledge of A, but as modified by subsection (5);
if the offence instructed is not committed but a different offence, which is a probable consequence of the instructed offence, is committed instead — the punishment provided for the different offence, but as modified by subsection (5);
if the different offence mentioned in paragraph (d) is committed in addition to the offence instructed, and constitutes a distinct offence — the punishment provided for the different offence mentioned in paragraph (d), and for the offence instructed, but as modified by subsection (5);
if A gave the instruction with the intention of causing a particular effect by the offence instructed, but another offence with a different effect from that intended by A is committed instead and A knew that the offence instructed was likely to cause the different effect — the punishment provided for the other offence with the different effect, but as modified by subsection (5).
(4)
For the purposes of subsection (3)(a), the modifications are as follows:
where the punishment, or one of the punishments, prescribed for the offence instructed is a fine, the maximum amount of fine is twice the maximum amount of fine prescribed for the offence instructed;
where the punishment, or one of the punishments, prescribed for the offence instructed is a term of imprisonment (other than life imprisonment), the maximum imprisonment term is half of the maximum imprisonment term prescribed for the offence instructed;
where the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment, that punishment is replaced with an imprisonment term which must not exceed 10 years;
where —
the punishment, or one of the punishments, prescribed for the offence instructed is death or life imprisonment; and
hurt is caused to any person as a result of an act for which the instructor is liable in consequence of the instruction,that punishment is replaced with an imprisonment for a term which must not exceed 20 years.
(5)
For the purposes of subsection (3)(b) to (f), the modifications are as follows:
where the punishment, or one of the punishments, prescribed for the predicate offence is a fine, the maximum amount of fine is 4 times the maximum amount of fine prescribed for that offence;
where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to less than 4 years, the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 4 years;
where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to 4 years or more (other than life imprisonment), the maximum imprisonment term is replaced with a maximum imprisonment term not exceeding a period equal to the maximum term of imprisonment for the predicate offence plus 10 years.
(6)
To avoid doubt, nothing in subsection (4)(a) or (b) or (5) affects the minimum sentence which is fixed or specified under any written law.
(7)
In proceedings for an offence under subsection (1) or (2), it is not necessary for the prosecution to prove that the accused instructed a particular person to commit an offence.
(8)
In subsection (5), “predicate offence” means —
in relation to subsection (3)(b) — the offence instructed;
in relation to subsection (3)(c) — the offence which would have been committed if the offence had been done with the intention or knowledge of A;
in relation to subsection (3)(d) — the different offence mentioned in that subsection;
in relation to subsection (3)(e) — both the different offence mentioned in subsection (3)(d) and the offence instructed; and
in relation to subsection (3)(f) — the other offence with the different effect mentioned in that subsection.