Singapore legislation

Clause 18

New sections 74B to 74E

The Penal Code is amended by inserting, immediately after section 74A, the following sections:“Enhanced penalties for offences against person below 14 years of age74B.—

(1)

Subsection (2) applies to any offence under this Code which may be committed against a person below 14 years of age except where —

(a)

it is expressly provided that an enhanced or mandatory minimum sentence will apply to the offence when it is committed against a person below 14 years of age;

(b)

the offence is under section 304B, 304C, 377BG, 377BH, 377BI, 377BJ or 377BK; or

(c)

the offence is punishable with death or imprisonment for life.(2) Where any person commits an offence under this Code against a person below 14 years of age, the court may sentence the person convicted of the offence to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence if at the time of committing the offence the offender knew or ought reasonably to have known that the victim was a person below 14 years of age.(3) This section does not apply where the offender proves that the victim despite being a person below 14 years of age, was capable of protecting himself from the offender in respect of the harm caused by the offence in the same manner as a person of or above 14 years of age.(4) Despite anything to the contrary in the Criminal Procedure Code —

(a)

a Magistrate’s Court has jurisdiction to try the offences to which subsection (2) applies, where no imprisonment is prescribed or where twice the maximum term of imprisonment prescribed for the offence does not exceed 5 years, and has power to impose the full punishment provided under subsection (2) in respect of those offences; and

(b)

(1)

Subsection (2) applies where an offender (A) is convicted of any offence under Chapter XVI (except an offence punishable with death or imprisonment for life) committed against a person (B) who was or is in an intimate relationship with A.(2) When the offender (A) commits an offence against B, the court may sentence the person convicted of the offence to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence if at the time of committing the offence A knew or ought reasonably to have known that B was or is in an intimate relationship with A.(3) This section does not apply where the offender (A) proves that, despite A having been or being in an intimate relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence.(4) Despite anything to the contrary in the Criminal Procedure Code —

(a)

(b)

a District Court has jurisdiction to try the offences to which subsection (2) applies and has power to impose the full punishment provided under subsection (2) in respect of those offences.(5) For the purpose of this section, the court may determine whether the offender (A) was or is in an intimate relationship with the victim (B) having regard to all the circumstances of the case, including the following:

(a)

whether A and B are living in the same household, although it is not necessary that they live in the same household;

(b)

whether A and B share the tasks and duties of their daily lives;

(c)

whether A and B have made arrangements to share expenses or financial support and the degree of financial dependence or interdependence between A and B;

(d)

whether there is a sexual relationship between A and B, although it is not necessary that there be a sexual relationship between them;

(e)

whether A and B share the care and support of a specific person below 21 years of age;

(f)

whether A and B conduct themselves toward their friends, relatives or other persons as parties to an intimate relationship, and whether A and B are so treated by their friends, relatives or other persons.Enhanced penalties for offences against victims in close relationships74D.—

(1)

Subsection (2) applies where an offender (A) is convicted of any offence under Chapter XVI (except an offence punishable with death or imprisonment for life) committed against a person (B) who was or is in a close relationship with A.(2) When the offender (A) commits an offence against B, the court may sentence the person convicted of the offence to punishment not exceeding twice the maximum punishment that the court could, but for this section, impose for the offence if at the time of committing the offence A knew or ought reasonably to have known that B was or is in a close relationship with A.(3) This section does not apply where the offender (A) proves that, despite A having been or being in a close relationship with B, the relationship between A and B did not adversely affect B’s ability to protect B from A in respect of the harm caused by the offence.(4) Despite anything to the contrary in the Criminal Procedure Code —

(a)

(b)

a District Court has jurisdiction to try the offences to which subsection (2) applies and has power to impose the full punishment provided under subsection (2) in respect of those offences.(5) In this section, the offender (A) was or is in a close relationship with the victim (B) where —

(a)

A is a member of the same household as B; and

(b)

A and B had frequent contact with each other.(6) For the purposes of subsection (5), A and B are to be treated as members of the same household if —

(a)

they live in the same household; or

(b)

they do not live in the same household, but A or B visits the household to which the other belongs so often and for such periods of time that it is reasonable to regard A and B as being members of the same household.Application of enhanced penalties74E.—

(1)

Where 2 or more of the sections from amongst sections 73 to 74D are applicable to enhance the punishment for an offence from that which the offender would otherwise have been liable for —

(a)

the punishment for the same offence shall not be enhanced by the application of more than one of those sections; and

(b)

the court may determine which section should apply to enhance the punishment.(2) Where any punishment prescribed for an offence is —

(a)

a specified minimum sentence or a mandatory minimum sentence of imprisonment or caning, section 73, 74, 74A, 74B, 74C or 74D does not apply to enhance such punishment; and

(b)

a sentence of caning, section 73, 74, 74A, 74B, 74C or 74D does not apply to enhance the maximum number of strokes of the cane that may be imposed.”.

Read in full context — Criminal Law Reform Bill →