Meaning to Vandalism Something

What does it mean to vandalise something?

Singapore criminal lawyers will define any of the following acts will count as ‘vandalism’, so long as they are done without consent from the owner of the (private) property, or the authority in charge of the (public) property.

· Writing, drawing, painting, marking or inscribing on any public property or private property any word, slogan, caricature, drawing, mark, symbol or other thing;

· Affixing, posting up or displaying on any public property or private property any poster, placard, advertisement, bill, notice, paper or other document; or

· Hanging, suspending, hoisting, affixing or displaying on or from any public property or private property any flag, bunting, standard, banner or the like with any word, slogan, caricature, drawing, mark, symbol or other thing; or

· Stealing, destroying or damaging any public property;

What can the police do to me?

The powers of the police are a topic of many civil proceedings in Singapore, and it is important to know what they can and cannot do to you. If you are caught by the police whilst vandalizing property, they can demand you show proof that you have written consent to mark the property – failure to produce this consent may result in a $500 fine.

The police can also search and seize anything (e.g. posters, placards, bunting, papers) they suspect was used in an act of vandalism.

Penalties?

If you are charged for Vandalism, you might be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 years, and caning between 3 – 8 strokes.

Caning will not be employed as punishment if the vandalism involved removable posters/buntings or the destruction of property, or if the graffiti is non-permanent orwashable (i.e. done with pencil, crayon, chalk or other delible substance or thing and not with paint, tar or other indelible substance).

With strict laws on vandalism, it is advisable to seek legal advice from a criminallawyer in Singapore and contact acivil dispute law firm.

Shoplifting and Theft

What is the difference?

Shoplifting is a form of theft, and there is little difference legally. Both offences are charged under Section 379 of the Penal Code, and are defined in Section 378 (below):

Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

What are movable properties?

Things that can be stolen include petty theft such as the belongings of others to shop stock, but can also include live animals (that the perpetrator caused to move e.g. by making dogs follow someone with bait), and large heavy objects (e.g. that move after removing an obstacle in its way).

Finding an object on the ground, and not in the possession of another person, is not grounds for theft. You will not be charged for picking up abandoned objects from the street (e.g. finding a $50 note or a ring on the floor).

However you will be charged with theft for accepting a gift you know to be someone else’s property (e.g. being offered the personal possessions of a woman, as a gift from her husband who you know has not been authorized to take her things – accepting the gift is theft). For further information, please contact your Singapore criminal lawyer.

Consequences

Shoplifters and thieves may face prison for up to 3 years, or a fine, or both.

Should you have any questions or need legal advice or representation, kindly contact our criminal lawyers at Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg.

Reckless or Fraudulent Trading

Want to know how to fulfil your statutory duties and to avoid criminal liability? It is recommended that you seek advice from our Singapore Commercial Lawyers at Gloria James-Civetta!

If in the winding up of a company or in any proceeding against the company…
Section 339(3) of the Companies Act

It appears that an officer of the company knowingly incurs debts where there is no reasonable expectation of repayment.

Who is an officer of the court?

  • Any director or secretary;
  • A person employed in an executive capacity;
  • A recivever annd manager of any part of the undertaking of the cooerperation
  • Any liquidator of a company appointed in a voluntary winding up.

Sentence: Fine not exceeding $15,000 and imprisonment for up to 7 years

Section 340(1) & (5) of the Companies Act

Any person who was knowingly a party to the carrying on of any business of the company…

  • With the intent to defraud creditors of the company;
  • With the intent to defraud creditors of any other person;
  • For any fraudulent purpose.

Sentence: Fine not exceeding $2,000 or imprisonment for up to 3 months.

Need help?

Are you facing criminal charges or under investigation? The trial process is often a mentally draining and challenging experience. You should seek a criminal defence lawyer to help you to present your case to the court in the best way possible. Not having a defence lawyer will put you at a great disadvantage. Should you have any questions or require legal representation, kindly contact Singapore criminal lawyers Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email us at consult@gjclaw.com.sg.

Is intoxication a defence?

What happens if I committed an offence while intoxicated?

Let GJC Law explain.

Your criminal lawyer should tell you that the defence of intoxication can only be established if certain conditions are met. If made out, the defence of intoxication can be used for any criminal charge.

  1. WHAT CONSTITUTES THE DEFENCE OF INTOXICATION

Under section 85 of the Penal Code, intoxication shall be a defence if, first, the Accused did not know that his act/omission was wrong OR did not know what he was doing, and second, his state of intoxication was caused without his consent by the malicious or negligent act of another person OR his intoxication led to insanity (temporarily or otherwise) at the time of his act/omission.

In the eyes of the law, intoxication includes a state produced by narcotics or drugs.

  1. EFFECT OF DEFENCE OF INTOXICATION WHEN ESTABLISHED

The effect of the defence of intoxication depends on which of the above conditions were met. This is set out in section 86 of the Penal Code.

If the Accused’s state of intoxication was caused without his consent by the malicious or negligent act of another person, the Accused shall be acquitted. If the Accused was by reason of intoxication, insane, temporarily or otherwise, at the time of such act or omission, the Court may determine that his unsoundness of mind results in no offence being committed and in such cases, the court may order that the Accused be kept in safe custody (e.g. psychiatric institution)

  1. NEED HELP?

If you require assistance with any criminal matter, the criminal lawyers at Gloria James-Civetta are at hand. Our law firm is committed to giving clients sound legal advice. Please do not hesitate to contact us.

Should you have any questions or require legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg

 

FACING CRIMINAL CHARGES IN SINGAPORE?

If you have been arrested or investigated for a crime against another person (assault or molest), or any other criminal offense, a criminal defence lawyer in Singapore can help.

Investigation, subsequent charges– to court representation and appeal if needed.

HOW DO I CHOOSE A CRIMINAL LAWYER?

You must take the following into consideration:

Compatibility &Comfort Level – Do you feel comfortable when speaking to the lawyer on a personal level?  Is the lawyer providing you factual information based on law or his own personal experience?

Qualifications – How long has the lawyer been in practice and handles criminal cases?  Has the lawyer worked on other cases similar to yours and what is their success rate?  Are they respected by the judges? Do they belong to any criminal law associations?

Costs – How are the lawyer’s charges/feescalculated? – Hourly, flat fee or at stages of the criminal law process?  Are you able to get an approximate the cost of your case?

When your liberty is at stake, contact the best criminal lawyer in Singapore possible to learn more about how they can help and protect your rights.

Outrage of Modesty

Section 354 of the Singapore Penal Code

S 354 criminalizes the assault or use of criminal force to any person, intending to outrage or knowing it to be likely that he will thereby outrage the modesty of that person.The punishment for s 354 is up to 2 years imprisonment, or with fine, or with caning, or with any combination of such punishments (s 354(1)).

Aggravating Factors

If one is found guilty of an act that falls under the ambit of s 354 and his or her victim is under 14 years of age, his imprisonment will extend to up to 5 years, or with fine, or with caning, or with any combination of such punishments (s 354(2)).

Additionally, if in order to commit or facilitate the commission of s 354, one voluntarily causes or attempts to cause his or her victim death, hurt, wrongful restraint or fear of instant death, instant hurt or instant wrongful restraint, he or she will be charged under s 354A. This warrants an even more severe punishment of imprisonment up to 10 years with a minimum of 2 years and with mandatory caning (s 354A(1)).

If one is found guilty of an act that falls under the ambit of s 354A and his or her victim is under 14 years of ageor he has committed s354A in a lift in any building, his imprisonment will be up to 10 years with a minimum extended to 3 years and with mandatory caning (s 354A(2)).

Outrage of Modesty to Domestic Maids

Pursuant to s 73(c), enhanced penalties, one and a half times the normal maximum, apply to outrage of modesty offences committed against domestic maids.

Outrage of Modesty aggravated by Racial or Religious Reasons

Pursuant to s 74(2)(a) read with s 74(4), enhanced penalties, one and a half times the normal maximum, apply to outrage of modesty offences committed out ofracial or religious hostility.

Elements of the Charge

The charge is a gender-neutral one. The prosecution is required to prove beyond a reasonable doubt that the accused had the requisite Mens Rea and Actus Reus of s 354:

Mens Rea of s 354 will be satisfied where the accused had intention to outrage the modesty of the victim or where the accused knew it to be likely that he or she will thereby outrage the modesty of that person.

Actus Reus of s 354 will be satisfied where the accused assaulted or used criminal force against his or her victim to outrage his or her modesty.

Assault would be found where the accused (1) madea gesture or preparation (not mere words although words can give meaning to gesture and preparations), (2) intending or knowing that it is likely that such gesture or preparation will cause any person present or the victim to apprehend that the accused is about to use criminal force on that person (s 351).

Criminal force would be found where the accused (1) intentionally (2) uses force to the victim, (3) without the victim’s consent, to cause an outrage of modestyor(1) knows it to be likely that (2) his use of force, (3) without the victim’s consent, will cause an outrage of modesty (s 350).

Prevention against Intentional False Accusations

Intentional false accusations that a person has committed a outrage of modesty may render the complainant liable to criminal defamation under s 499 of the Penal Code.

Victim’s Delay in Reporting Outrage of Modesty

“There is no general rule which requires victims of sexual abuse, or those cognizant with the same matters to report them immediately, more so to the police” (DT v PP). This is because understandably, there is natural reluctance of victims to make a police report immediately, stemming from a variety of reasons such as trauma and fear of stigmatizationor threat of perpetrator’s retaliation. (Tan Pin Seng v PP).

Examples of Outrage of Modesty

There is no list of what behaviors would constitute an outrage of modesty. What constitutes an outrage of modesty may vary over time and social context as well as the race or religion of the victim. Courts may consider relevant factors such as the nature of contact, the relationship between accused and the victim and so on.

These are some examples where courts have held to constitute an outrage of modesty.

  1. Tutor touching breast and thigh of student and kissing student (Teo Keng Pong)
  2. Hugging a woman (Heng Swee Weng)
  3. Touching secretary on the back and slapping her lightly on the buttocks (Soh Yang Tick)
  4. Acupuncturist kissing and nibbling victim’s toes, massaging victim’s private parts (Zeng Guoyuan)
  5. Touching of private part (DT v PP)
  6. Squeezing the inner upper thigh of a woman (Sim Yong Seng)

Singapore Criminal Lawyers

Gloria James-Civetta & Co                                   Singapore Criminal Lawyers

Singapore Criminal Lawyers and Litigators

Whether you are charged with a traffic violation, white or blue collar crime, or assault charges, we provide experienced and determined defense representation

Our Singapore criminal defense lawyers, Amarjit Singh and Gloria James-Civetta, offer skilled and experienced representation to clients facing charges under the criminal court system.

It is important to seek legal advice immediately if you have been arrested or are under investigation for any criminal offense Gloria James-Civetta & Coin Singapore, whether the charges outrage of modesty, or assault related crimes.Contact our criminal lawyers. An experienced criminal lawyer will advise you on how you can deal with your case. Consultation is free.

Our firm has the resources and experienced personnel to represent clients against a wide range of criminal charges in Singapore`s court system.

For more information, visit our Singapore Criminal lawyer Blog

Singapore criminal lawyersAmarjit Singh, Gloria James-Civettaand Javern Sim defend clients against charges ranging from blue to white collar crimes, always with the same thorough preparation and aggressive trial presentation.

CONTACT US TODAY to learn more about how we can help you in your situation.

“When experience and results Matter”our experienced Singapore criminal lawyer team is ready to assist you in the following areas of criminal law:

If you or a loved one are underarrestor facing criminal investigation, contact The Law Offices Gloria James-Civetta & Co in Singapore to get the help you need.

Call 63370469 or emailour office today.

Singapore Criminal Defense Lawyers

criminal defence lawyerGloria James-Civetta & Co

With over 35 years of combined criminal law experience, the team of criminal defense lawyers at Gloria James-Civetta & Co have dedicated themselves to providing the best criminal court representation possible to those under investigation or facing criminal offenses. Led by Mr Amarjit Singh, our dedicated team of criminal lawyers is committed to quality representation and results, earned through years of litigation and prosecution experience.

Our teamwork approach with highly skilled trial attorneys allows us to help our clients address their specific needs with creative problem solving and prompt resolution. We possess the experience, knowledge, and diversity to rise to any legal challenge.

At the Law Offices of Gloria James-Civettta & Co, we believe that our quality representation speaks for itself. We are honored and proud to receive referrals from several Embassies throughout Singapore.

“When experience and results Matter”our experienced Singapore criminal lawyer team is ready to assist you in the following areas of criminal law:

If you or a loved one are underarrestor facing criminal investigation, contact The Law Offices Gloria James-Civetta & Co in Singapore to get the help you need.

Call 63370469 or email our office today.

Understanding the criminal law of Singapore

One of the most important and strict criminal law is followed at Singapore. This law is harsh as compared to the laws followed in other countries. In a way, it is highly beneficial as it will control the crimes and safeguard the residents of Singapore. These laws are very strict and the person visiting Singapore must understand and be well aware of these laws. The criminal laws are made to punish those who are responsible for disturbing the peace of society or harming any person.

The reason for the criminal law to be tough at Singapore is because they want crime to remove completely from Singapore. So, they punish criminals to deter everyone from committing crime. Below stated are some guidelines, which will help you understand the criminal laws of Singapore better. Continue reading…

Things That Can Get You in Trouble under Singapore Criminal Law

Singapore is a place which receives quite a big number of visitors each year who come over to this part of the world for reasons varying from business to tourism. Singapore is not only a major economic hub but also one of the top tourist attractions in South Asia. While Singapore is a modern and developed country with values that resonate with those of the western world, visitors should be aware of some important Singapore criminal law. This will help them have a convenient and relaxing experience during their stay.

For starters, people who are planning their first visit to Singapore should know what type of things are not allowed over here, which means that these items will be either confiscated at the airport or will get you into trouble.

Drugs are a strict no and the Singapore criminal law takes tough view on those who are found bringing drugs into the country. There are provisions for the death penalty for traffickers in the Singapore criminal law. Additionally, you can even be punished if you are found to be under the influence of drugs at the time of your arrival, even if the drugs were taken in another country. Random urine tests can be done at the airport which is why travellers are advised to be careful. Read more…

What Factors Determine the Credibility of Top Law Firms in Singapore?

Top Singapore law firms are highly sought after by clients who desire best in class legal services for themselves. Such law firms have been catering to large business corporations, wealthy individuals, and professionals from various streams of life. But which legal service actually qualifies as one of the top Singapore law firms? It is not necessary that legal services which have the biggest names or the highest fees are the top law firms in Singapore. There are other more important factors that constitute a top law firm.

Their On-Staff Lawyers

A law firm will only be as good as the lawyers they hire. It is in fact the quality of the lawyers or attorneys that work in a law firm who determine how good that firm is. Your cases will be won or lost by the lawyer assigned to you, and not by the law firm. Therefore, a top law firm will always have some of the most experienced, qualified and skilled lawyers on their rolls who have a proven track record. Continue reading…

Benefits of Hiring Best Criminal Lawyers from Top Law Firms in Singapore

There are a number of benefits of hiring best criminal lawyers in Singapore. Once you hire top Singapore law firms and lawyers for your criminal case, you have already half won the battle. Top lawyers will give you reliable results and take care of all proceedings in your trial expertly. Here is why hiring top lawyers should be should be a priority for you:

Re-investigation of Your Case

You cannot simply trust on the investigating authorities to investigate your case in the best possible way. The police these days are already over burdened with so many cases, and therefore there might be a chance that your case did not get the level of attention it deserved. When you have a lawyer from top Singapore law firms, you get the assurance that your case will be thoroughly investigated by your defence lawyer.

A sharp mind of a criminal lawyer can focus on the smallest of details that can help in strengthening your defence. The evidence presented by the prosecution will also be analyzed by your criminal lawyer and the witnesses will be cross examined. Read more…