The Sentencing Framework: Objectives, Principles, And Types

Jul 12, 2023

Sentences

Of all the branches of Singapore law, only the criminal law involves sentences, which are the punishments that follow the conviction of an offence. This is because the criminal law is primarily concerned with the punishment of criminal offences.

The various courts have their own sentencing powers. As mentioned above, these sentencing powers are distinct from the courts’ original jurisdiction to hear the matter. The following table sets out the sentencing powers of the courts:

 

Sentencing objectives

There are four broad sentencing objectives. These objectives are the end of the sentences imposed, i.e. the sentence ultimately imposed on the Offender must serve one or more of these objectives.

The first objective is prevention. This is the primary consideration when the Offender is considered a threat to the public and thus should be put away to protect the community. The Offender is prevented from future criminal acts by being locked up away from the rest of society.

The second objective is retribution. A fundamental premise of justice is that we reap what we sow. Therefore, the Offender must be made to pay for what he has done. This will mean that the Court will need to be careful in imposing a sentence that is commensurate with the severity of the offence, typically measured by the harm caused and the Offender’s culpability (i.e., blameworthiness).

The third objective is deterrence. This can be broken into two further kinds of deterrence: general deterrence and specific deterrence. General deterrence is directed towards other like-minded offenders – they are shown that they will suffer the same fate as the Offender if they follow him in his criminal acts. Specific deterrence is directed towards the Offender himself – having been once punished, he will think twice of re-offending again.

The last objective is rehabilitation. When this objective is involved, the primary goal is to help the Offender recover from his circumstances that played a role in the commission of the offence, e.g. mental conditions, social background, etc. When the Offender is young, i.e. below 21 years old, the default position is that he should be rehabilitated. When this objective is primary, the sentence will usually not be imprisonment.

Minimum, maximum, and mandatory sentences

Most criminal offences specified in statutes have a prescribed maximum sentence that can be imposed. This means that any sentence for such an offence cannot exceed the maximum sentence. An example would be the offence of rape under s 375(1) of the Penal Code that has a maximum of 20 years’ imprisonment, i.e. the sentence imposed cannot be more than 20 years’ imprisonment.

Some offences also have a prescribed minimum sentence. This means that when the Offender is convicted of such an offence, the Court must impose a sentence equal or more than the minimum sentence. An example would be the offence of rape with causing hurt under s 375(3)(a)(i) of the Penal Code, which has a minimum of 8 years’ imprisonment and a maximum of 20 years’ imprisonment.

Some offences carry a mandatory sentence. This means that when the Offender is convicted of such an offence, the Court must impose that sentence. An example would be the offence of murder under s 300(a) of the Penal Code, which has the mandatory death penalty.

Consecutive vs concurrent sentencing

When there are multiple charges, there will be multiple sentences. The Courts have the power to order these multiple sentences to run either consecutively or concurrently.

Consecutive sentences are when one sentence is ordered to run immediately after the other. For instance, if the Offender has received a 5 year imprisonment term and a 3 year imprisonment term and the sentences are ordered to run consecutively, the aggregate sentence will be 8 years’ imprisonment.

Concurrent sentences are when one sentence is ordered to run simultaneously with the other. Following the example above, if the sentences are ordered to run concurrently, the aggregate sentence will be 5 years’ imprisonment. This is because when the Offender serves his 5 year sentence, he is simultaneously serving his 3 year sentence.

The Criminal Procedure Code mandates that when the Offender is sentenced for at least three distinct offences, the Court must order at least two of those offences to run consecutively.

Sentencing principles

Though sentencing is not a science, there are still principles that guide the Courts in arriving at a just sentence. Some of the common principles are set out below:

Proportionality principle	This principle states that the sentence imposed must be proportionate to the criminal conduct in question.
One Transaction principle	This principle states that if the distinct offences form part of the same transaction, the sentences for these offences should run concurrently. To determine whether these offences form part of the same transaction, the Court will consider whether those offences form a single infringement of the same interest protected by law.
Totality principle	This principle states that the aggregate sentence must be sufficient and proportionate to the Offender’s total criminality.
Parity principle	This principle states that when there are multiple co-offenders, those of similar culpability should receive similar sentences.
Maximum sentence principle	This principle states that the maximum sentence prescribed for each offence can only be given if the case is the worst type of crime.

 

Types of sentences

Under Singapore’s criminal law, there are various kinds of sentences available for the Courts to pick from according to the various sentencing objectives and principles. Most offences will have multiple prescribed sentencing types, e.g. the offence of rape under s 375(1) of the Penal Code carries with it the sentences of imprisonment, a fine, caning, or all. The various types of sentences are as follows:

Sentence type	Description	Requirements
Imprisonment	When the Offender is incarcerated in prison.	Stipulated in statutes.   Can be for varying degrees of length.
Fine	When the Offender pays a sum of money that goes to the Consolidated Fund.	Stipulated in statutes.   Can be varying quantums.
Caning	When the Offender is beaten with a rattan stick.	Stipulated in statutes. Women, men above 50 years old, and men sentenced to death cannot be caned. The maximum number of strokes that can be ordered in one trial is 24.
Probation	When the Offender is placed under supervision of a probation officer while released.	Not available for offences that have mandatory or minimum sentences. Minimum duration is 6 months and maximum duration is 3 years. Generally for relatively minor cases and suitable for very young offenders with propensity for reform.
Reformative Training	When the Offender undergoes a comprehensive rehabilitation programme in a closed environment in the Reformative Training Centre.	Only available for offenders below 21 years old. Before a sentence of reformative training can be imposed, the Court will need to call for a suitability report of the Offender. This report will be prepared by the Commissioner of Prisons. Maximum duration is 54 months.
Corrective Training	When the Offender is incarcerated but separate from imprisonment.	If offender is 18 years old and above and meets the following criteria: – Convicted in High Court or District Courts for 2 years’ or more imprisonment, and has been convicted at least twice before he reached 16 years old with 2 years’ or more imprisonment; OR – Convicted in High Court or District Courts for 3 or more offences punishable by 2 years’ or more imprisonment, and has been sentenced to imprisonment for at least 1 month since he reached 16 years old for an offence punishable with at least 2 years’ imprisonment. Minimum duration is 5 years and maximum duration is 14 years. Only available for offenders who show capacity for reform despite previous incarceration.
Preventive Detention	Similar to Corrective Training but involves a longer period of incarceration.	If offender is 30 years old and above and meets the following criteria: – Convicted in High Court or District Courts for 2 years’ or more imprisonment, and has been convicted at least thrice since he reached 16 years old and on at least two of these occasions was sentenced to imprisonment or corrective training; OR – Convicted in High Court or District Courts for 3 or more offences punishable by 2 years’ or more imprisonment, and has been sentenced to imprisonment for at least 1 month since he reached 16 years old for an offence punishable with at least 2 years’ imprisonment. Minimum duration is 7 years and maximum duration is 20 years. For habitual offenders with no possibility of reform and are menaces to society.
Mandatory Treatment Order	When the Offender is ordered to undergo mandatory psychiatric treatment.	Cannot be issued for offences listed under section 377(1) of the Criminal Procedure Code. For offenders who suffer from treatable psychiatric conditions which contributed to offending behaviour. The Court must call for a suitability report by an appointed psychiatrist and can only make the order if the report states that the psychiatric condition can be treated, the Offender is suitable for treatement, and there is a causal link between the condition and the offence. Maximum duration is 36 months.
Community Work Order	When the Offender is ordered to perform community work.	Cannot be issued for offences listed under section 377(1) of the Criminal Procedure Code. Can only be made if the offence is fine-only or the mandatory minimum is a fine.
Community Service Order	When the Offender is ordered to perform unpaid community work in places specified in the Fifth Schedule of the Criminal Procedure Code.	Cannot be issued for offences listed under section 377(1) of the Criminal Procedure Code. The Court must call for a report by a community service officer before imposing the order.
Day Reporting Order	When the Offender is ordered to report to a reporting centre for supervision. There may be other programmes for his rehabilitation.	Cannot be issued for offences listed under section 377(1) of the Criminal Procedure Code. Minimum duration is 3 months and maximum duration is 12 months.
Short Detention Order	When the Offender is incarcerated for a short period of time to show him the consequences of reoffending.	Cannot be issued for offences listed under section 377(1) of the Criminal Procedure Code. Maximum duration is 14 days. Usually for offenders who are suitable only.
Death	Hanging from the neck until death.	Pregnant women and person below 18 years old cannot be hung.

The value of the Defence Counsel at the sentencing stage

Whether after a trial or at a PG hearing, the Defence Counsel is invaluable in advising the Offender of a realistic sentencing range. Given that sentencing is not a science, no Defence Counsel will be able to guarantee the exact sentence the Offender will receive. However, criminal lawyers will be able to advise what the Courts are likely to impose, taking into account the various objectives, principles, and the specific circumstances of the Offender’s case. The Defence Counsel will therefore be better placed to make submissions on sentences to the Court on behalf of the Offender.