Criminal Defence Lawyers in Singapore
Your Trusted Advocate in Criminal Law
Facing criminal charges demands a legal ally who understands the intricacies of the Singaporean legal system. Our team of seasoned criminal defence lawyers are dedicated to providing personalised legal strategies tailored to your unique situation.
We provide support across a number of areas, including:
- Theft
- Drunk Driving
- Causing Hurt
- Shoplifting
- Reckless or Dangerous Driving
- Forgery
- Misuse of Drugs
- Cheating
- Rash Driving
- Criminal Breach of Trust
- Outrage of Modesty
- Immigration Offences
Work with an award winning team
PKWA Law has been recognised in The Straits Times ranking of “Singapore’s Best Law Firms 2025” for the fifth consecutive year.
For the 8th consecutive year we were recognised by Doyles as a leading family law firm in Singapore.
For the 5th year in a row we have been named as a leading Family law firm in Benchmark Litigation 2024 awards.
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We have over 30 years of history, and more than 100 employees. We are an established family law firm you can count on.
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We usually offer a free first consultation so you can make an informed decision on whether to proceed.
Meet some of our criminal defence team
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Articles on Criminal Defence in Singapore
- The level of alcohol found in the driver’s breath;
- The offender’s behaviour, for example, whether they were driving dangerously;
- The level of harm caused, for example, whether the offence resulted only in minor damage to property or in a serious injury to another person;
- Whether the driver is a repeat offender; and
- Whether the driver is pleading guilty, i.e. admitting to the offence.
Punishments for drink driving
Depending upon the seriousness of the offence and whether the driver is a repeat offender, there are various punishments the court has the power to enforce.Imprisonment and fine
Section 67 states that a person found guilty of the offence will be liable to pay a fine of between S$2,000 and S$10,000 or could face imprisonment for up to 12 months or both. Where it is a repeat offence, the fine shall be between S$5,000 and S$20,000, and the term of imprisonment will be up to 2 years. This is double what was in force before 2019 when the law was amended to clamp down on the number of drink driving offences in Singapore. In the 2013 case of Edwin s/o Suse Nathen v Public Prosecutor, the High Court provided a guide to assist the court with issuing fines and sentencing depending on the levels of alcohol found in the offender’s system. For example:- For levels between 35 to 46mg in 100ml of breath, fines should range from S$1,000 to S$2,000, and imprisonment should range from 12 to 18 months, and
- For levels between 55 to 69mg, the fine should range from S$2,000 to S$3,000 and imprisonment should be between 18 to 24 months.
Removal of driving licence
The court will also have the power to disqualify the driver from holding or obtaining a driving licence for a minimum of 2 years if they are a first offender, and a minimum of 5 years if they are a repeat offender. This period will start from the date of conviction or, in the case of imprisonment, from the date the offender is released from prison. The law also provides that where the offender has been convicted on two or more occasions of drink driving, they shall be disqualified for life from holding or obtaining a licence. However, the court won’t make such an order in every instance. If specific special reasons apply, the court may not consider it appropriate to remove the offender’s licence, and it has the power to make an alternative order as it sees fit. In a recent case involving Mr Lee Shin Nan in December 2023, Chief Justice Menon clarified what is generally meant by special reasons, stating that it will only apply if the driving was necessary to “avoid other likely and serious harm or danger” and if the driving in question was the only reasonable way to do so.Suspension of driving licence
Upon being stopped by the Traffic Police for drink driving, a driver’s licence may be suspended by the police until the court has had an opportunity to hear the case. The court may reinstate the driver’s licence later, but in the meantime, this power allows the police to protect other road users from reckless drivers.Insurance
An accident resulting from drink driving is unlikely to be covered by the driver’s insurance policy. This means the offender will not be able to claim for any damage to vehicles or any injuries. In turn, offenders could find themselves in a difficult financial position where they are expected to front the vehicle repair costs, plus medical and legal fees, etc.Being in charge of a motor vehicle under the influence of drink or drugs
The RTA goes one step further and makes it an offence for a person to be in charge of a motor vehicle they are not driving, if:- They are unfit to drive due to the influence of drink or drugs; or
- The alcohol in their system is over the prescribed limit.
- That there was no likelihood they would drive the vehicle whilst they remained unfit to do so or whilst the alcohol levels in their system were above the prescribed limit; and
- That between the time they became unfit to drive or the time their alcohol level first exceeded the prescribed limit, and the time of the alleged offence, they did not drive the vehicle on a road or other public place.
Conclusion
With drink driving accidents on the rise in Singapore, the laws under the RTA must be complied with. Due to the consequences an offender can face if charged with drink driving, drivers should avoid driving even where they have only consumed minimal amounts of alcohol. The risks associated with drink driving offences are simply too high, not only for third-party road users but also for the offender. While the court will consider any mitigating factors to lessen the sanctions imposed, a less serious punishment cannot be guaranteed. A ban from driving is also likely to significantly impact various aspects of the driver’s daily life, including their work and family. A person who has been charged with a drink driving offence should seek the assistance of a criminal lawyer as soon as possible, as they will be able to advise on the driver’s options and discuss any mitigating factors that may apply." ["post_title"]=> string(26) "Drink Driving in Singapore" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(23) "drink-driving-singapore" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-04-13 18:29:26" ["post_modified_gmt"]=> string(19) "2024-04-13 10:29:26" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3873" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [1]=> object(WP_Post)#8750 (24) { ["ID"]=> int(3862) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2024-04-11 15:59:59" ["post_date_gmt"]=> string(19) "2024-04-11 07:59:59" ["post_content"]=> string(9227) "The Misuse of Drugs Act 1973 (MDA) is a piece of Singaporean legislation governing the use and possession of illegal drugs. Singapore is known for having some of the strictest drug laws in the world, and the Act sets out the various drug-related offences together with their penalties. For the most serious offences, the MDA provides that an offender may be given the death penalty. It is believed that, by November 2023, at least 16 people in Singapore had been executed that year. Even in less serious cases, for example, where somebody is found carrying a small amount of an illegal substance, the punishment could still result in 10 years imprisonment or a substantial fine. It is, therefore, important for people to understand Singapore’s drug laws and the consequences of being found guilty of an offence. The legislation is far from straightforward but seeks to tackle the harm that arises from drug-related issues both in and outside of the country. This article seeks to break down some of the key parts of the legislation and discusses the 5 main drug-related offences.Definitions
The legislation adopts many different terms used throughout the MDA. Section 2 provides a list of such terms and their definitions, which is important to refer to when interpreting the law. The MDA distinguishes a “controlled drug”, a “specified drug”, and a “substance”. A controlled drug is defined as any substance or product specified in Parts 1, 2, or 3 of the First Schedule, which provides an extensive list of the drugs deemed to be “controlled drugs”. It includes drugs such as amphetamine, cannabis, and cocaine. A specified drug means any drug specified in the Fourth Schedule, including some of the controlled drugs listed in the First Schedule. The distinction between controlled and specified drugs is important when it comes to sentencing, as the minimum term of imprisonment will be higher for repeat offenders for specified drugs. A substance is defined in the Third Schedule of the MDA and is essentially anything that helps to form a controlled drug.Classes of drugs
The classification of illegal substances is designed to categorise drugs, usually according to the impact they have on the user’s body and mind. It is a common system adopted by many countries worldwide and provides an understanding of the sanctions imposed when an offence has been committed concerning that drug. In Singapore, there are three categories:- Class A drugs. Examples include cocaine, cannabis, ecstasy, and amphetamine.
- Class B drugs. Examples include codeine, nicocodeine, and zipeprol.
- Class C drugs. Examples include pipradrol, Xanax, and triazolam.
Offences
There are 5 primary categories of drug-related offences under the MDA.(1) Trafficking
Trafficking is defined in the MDA as selling, administering, transporting, sending, delivering, or distributing illegal substances in Singapore or offering to do any of those things. Section 5 makes it an offence for a person to:- Traffic in a controlled drug;
- Offer to traffic in a controlled drug; or
- Do or offer to do any act preparatory to or for the purpose of trafficking in a controlled drug.
(2) Manufacture
Section 6 of the MDA provides that it is an offence for any person to manufacture a controlled drug. “Manufacture” is defined in the Act as:- Any process of producing a drug and the refining or transformation of one drug into another; or
- Any process of producing a substance and the refining or transformation of one substance into another.
(3) Possession
Section 8(a) of the MDA states that it is an offence for a person to have in their possession a controlled drug. If found guilty of this offence, a person can be sentenced to up to 10 years in prison or be issued with a S$20,000 fine, or both. If the person being convicted has committed such an offence before, they will be sentenced to at least 2 years in prison. There is a presumption in the MDA that a person is in possession of a controlled drug if:- They have anything that contains the drug;
- They possess the keys to anything that contains the drug or where the drug is discovered, whether it is a container itself or an entire premises;
- A document of title for the drugs or any document which is intended for their delivery; or
- They own the vehicle in which the drugs are discovered.
(4) Consumption
Section 8(b) of the MDA provides that it is an offence to smoke, administer to oneself, or otherwise consume a controlled drug or a specified drug. Section 19 raises a presumption that a person has consumed an illegal drug if they are discovered in, or escaping from, an area that is proven or presumed to be used for such consumption. For example, if a location is found to have bongs, syringes, or pipes on site, it will be presumed to have been used for illegal drug consumption. Section 22 states that a person will be presumed to have consumed a controlled drug if it is found in a sample of their urine. If the accused refuses to provide a sample, they can be sentenced to imprisonment for between 1 to 10 years. Again, the burden is on the accused to convince the court of their innocence. If found guilty of consumption, the maximum sentence is 10 years in prison or a fine of S$20,000, or both. When considering the appropriate sentence to hand down, the court will look at the following factors:- Whether the accused has offended before;
- Whether they have any similar convictions; and
- Whether they have previously been admitted to a drug rehabilitation centre.
(5) Import and export
Section 7 of the MDA makes it an offence for a person to import into or export from Singapore a controlled drug. Whilst this may seem similar to trafficking, the offence relates solely to moving drugs in and out of the country. Section 26 provides any officer of the Bureau, police officer, or customs officer with the power to search any person arriving or departing from Singapore. They also have the authority to search any form of transport if they suspect it contains any illicit drugs, as well as any person who is found on that transport. There may be situations when a person needs to travel in and out of Singapore in possession of a controlled drug, primarily if it is their personal medication. Approval may be required from the Health Sciences Authority (HSA) depending on the amount and type of drug. For example, medications containing morphine, fentanyl, or diazepam will need approval regardless of the amount being transported. For codeine or dextromethorphan, approval will only be needed where more than 20 tablets are being transported or where each tablet contains over 30mg of the drug. If found guilty of this offence, the punishment may be severe depending upon the type of drug and the amount that is imported or exported. Sentences range from a minimum of 3 years in prison and 5 strokes of the cane to the death penalty.Conclusion
Singapore takes drug-related offences very seriously, which is evident from the stringent rules contained in the MDA regarding presumption and punishment. If charged with an offence under the MDA, the accused must prove their innocence to a high standard to avoid the court’s strict sentencing. It is, therefore, crucial that residents and people visiting the country are aware of the risks of consuming, possessing, and transporting drugs. If a person is faced with a charge under the MDA, they should seek the advice and assistance of a criminal lawyer as soon as possible." ["post_title"]=> string(32) "Misuse of Drugs Act in Singapore" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(19) "misuse-of-drugs-act" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-04-13 18:29:38" ["post_modified_gmt"]=> string(19) "2024-04-13 10:29:38" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3862" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [2]=> object(WP_Post)#8769 (24) { ["ID"]=> int(3706) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2024-02-07 09:40:00" ["post_date_gmt"]=> string(19) "2024-02-07 01:40:00" ["post_content"]=> string(9594) "Outrage of modesty is a serious crime in Singapore, and conviction can lead offenders up to three years in prison, a fine, or caning, or any combination of the three options. The penalties can be even higher if the victim is a minor or the accused is a repeat offender. Yet, outrage of modesty remains a crime of concern, and according to the police crime statistics for mid-2023, the number of cases increased compared to the same period the previous year. Most cases occurred in residential premises, public transport areas, and nightspots. This article will discuss the crime of outrage of modesty. We will look at section 354 of the Penal Code, the punishment if convicted, and what the court considers aggravating circumstances when imposing a sentence.What is outrage of modesty?
In simple terms, outrage of modesty refers to conduct that is considered offensive and violates someone’s dignity in a sexual manner. It is also loosely referred to as “molestation”. Although most reported cases involve male perpetrators, females can also be convicted of an outrage of modesty against a male person. It is a gender-neutral offence regardless of the gender of the perpetrator or victim.Section 354 of the Penal Code
Section 354 describes outrage of modesty as an assault or use of criminal force to a person with intent to outrage or knowing that it would likely outrage the modesty of that person. The description is not very specific and allows the court to assess each case on its own merits.What factors will the court consider when deciding if a person’s modesty was outraged?
The Penal Code does not define modesty, and the courts will consider a wide range of factors to assess if the action would outrage the victim’s modesty. The court also considers the circumstances and society’s values at the time. Factors will depend on the circumstances of each case and could include the following:- The victim’s religion or cultural beliefs.
- The victim’s race.
- The victim’s age.
Elements of the crime of outrage of modesty
Assault or criminal use of force
To be convicted of outrage of modesty, there must be an assault or use of criminal force. Assault is defined as follows: A person is said to commit an assault if “the person makes any gesture or any preparation, intending or knowing it to be likely that such gesture or preparation will cause any person present to understand that he who makes that gesture or preparation is about to use criminal force to that person”. You cannot be guilty of outrage of modesty by merely staring at someone. You can, however, be guilty of attempting to commit outrage of modesty. Section 511 of the Penal Code provides that anyone can be guilty of attempting to commit a criminal offence if the person takes substantial steps to commit the crime but, for some reason, fails to commit the actual offence. Suppose a man follows a woman into the female changing rooms at the gym, hoping to touch her inappropriately. As he approaches her, her friend enters and shouts at him. He could be convicted of attempted outrage of modesty, even though there was no actual assault or use of force yet.Intention
The Penal Code requires that there must be an intention to outrage modesty or at least knowledge that the action would cause an outrage of modesty. The Penal Code defines acting “intentionally” as acting deliberately, i.e. the person acts with the purpose of causing outrage of modesty or knowing that outrage of modesty would undoubtedly happen if they proceed with their planned action. It should be noted that outrage of modesty will not occur if the victim consents to the behaviour. Suppose a couple sensually touches each other and consents to the behaviour. In that case, it will not constitute an outrage of modesty. Likewise, if a doctor examines a patient or a fitness instructor corrects an athlete with their consent, it cannot be an outrage of modesty. So, to be convicted of outrage of modesty, four elements must be established.- The outrage of modesty.
- Assault or use of criminal force.
- Lack of consent.
Examples of outrage of modesty
Since the Penal Code definition is unclear and non-specific, it might be easier to explain outrage of modesty through examples.- A man repeatedly touches a woman’s thigh whilst she is sleeping next to him on the train.
- A driving instructor puts his hand on a female student’s leg during a lesson.
- A man touches a young boy’s buttocks in the queue at a fast-food chain.
- A tutor rubs her thigh against her student several times.
- An executive molests a co-worker in the lift.
- An employer exposes himself to the domestic worker regularly.
Penalties for outrage of modesty
Section 354 prescribes punishment to a maximum term of 3 years imprisonment, or a fine, or caning, or any combination of the three options. There is no minimum, and the penalty will depend on the circumstances of the case. Firstly, the court will apply the general sentencing principles and consider factors such as:The offence itself
- How was the offence committed?
- The severity of the offence - where on the body was the person touched, how was the person touched, how long did it last?
- Was it planned?
- The extent of the force used.
- The degree of sexual exploitation of the victim.
- The harm to the victim - physically and psychologically.
Are there any aggravating factors?
- The offender has previous convictions.
- Not showing remorse.
- Multiple charges against the offender.
- Refusing to cooperate with the police.
Are there any mitigating factors?
- The offender is showing remorse.
- Admission of guilt and pleading guilty.
- The offender suffers from mental or intellectual disability.
- The offender is very young.
- Band 1 applies to less severe cases, with no more than one aggravating factor.
- Band 2 applies when there are two or more aggravating factors.
- Band 3 applies when there are three or more aggravating factors, and the circumstances call for a more severe sentence.
More severe penalties under the Penal Code
Some instances of outrage of modesty carry a more severe penalty under the Penal Code.Outrage of modesty against a person younger than 14 years old
Section 354(2) provides that if the offence is committed against a person below 14 years old, the penalty is imprisonment for a term which may extend to 5 years, or with a fine, or with caning, or with any combination of such punishments.Outrage of modesty against a domestic helper
Section 73 of the Penal Code provides that when an employer of a domestic worker, a member of the employer’s household, or an employment agent is convicted of an offence under the Penal Code against that domestic worker, the court may sentence the convicted person to twice the maximum punishment for that offence. This means that for outrage of modesty against a domestic worker, the court can impose a maximum of six years imprisonment, a fine, caning, or any combination of the three.Causing death, hurt or wrongful restraint or fear of instant death, hurt or wrongful constraint
Section 354A provides that if the victim died, or if a person attempts to cause death, or hurt or wrongfully constraints a person to commit outrage of modesty, the penalty is a minimum term of imprisonment of 2 years and up to 10 years, and caning. The same applies if the person causes the fear of instant death, instant hurt, or instant wrongful restraint.- If the victim in sec 354A case is younger than 14 years, the punishment is imprisonment for not less than three years and not more than ten years, and with caning.
- The same punishment applies if the outrage is committed in a lift in any building.
Outrage of modesty is an arrestable offence
The police can arrest a person suspected of outrage of modesty without a warrant. Depending on the circumstances, it is up to the police or the court to decide if the accused is released on bail. If it is a less severe case of outrage of modesty, the accused can choose between bail and being released on a personal bond.Seek legal advice
Whatever the circumstances, you should seek legal advice as soon as possible. Being convicted of outrage of modesty is serious. Penalties can be severe, and your criminal record cannot be treated as “spent”. However, there are circumstances where the Commissioner of Police has the discretion not to register a criminal record. An experienced lawyer can help you navigate the best possible outcome for your circumstances." ["post_title"]=> string(32) "Outrage of Modesty - Molestation" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(18) "outrage-of-modesty" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-04-13 18:30:16" ["post_modified_gmt"]=> string(19) "2024-04-13 10:30:16" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3706" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [3]=> object(WP_Post)#8751 (24) { ["ID"]=> int(3695) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2024-02-02 14:23:19" ["post_date_gmt"]=> string(19) "2024-02-02 06:23:19" ["post_content"]=> string(11167) "In October 2023, the Singapore High Court dealt with an appeal against sentence in a matter where a priest of the Sri Mariamman Temple pleaded guilty and was convicted on two charges of criminal breach of trust (CBT) relating to the pawning of gold jewellery belonging to the temple. Between 2016 and 2020, the appellant pawned 66 items of the temple's gold jewellery at various pawnshops on 172 occasions. The temple suffered no loss since all the pieces were returned, but the priest obtained pawn proceeds totalling S$2,328,760. The appellant was sentenced to a total of five years and 12 months imprisonment (consecutively – this means one sentence runs after the other) by the District Judge (there were other charges and factors considered for sentencing). The High Court dismissed the appeal against the sentence. This case was one of many CBT cases the legal system had to deal with last year. In another case, a director at four firms was accused of misappropriating more than S$2.3 million and charged with criminal breach of trust. He was allegedly handed large sums of money to construct a house. However, construction was not completed, and the funds were never returned. In May last year, the police arrested a 26-year-old man for allegedly misappropriating money and stealing luxury watches valued at about S$1.6 million. The man was a luxury watch salesman who received large sums of money from victims to purchase watches but then misappropriated the money. If convicted, the offence of criminal breach of trust by an employee carries a penalty of up to 15 years in prison and a fine. Even though we have many arrests for criminal breach of trust, it remains a complex and vague concept for ordinary citizens. What exactly is a criminal breach of trust? This article will discuss how the Penal Code defines criminal breach of trust. We look at what the prosecution must prove to obtain a conviction and the penalties if convicted. We will also touch on factors the court will consider when sentencing after a CBT conviction.What is criminal breach of trust?
In simple terms, CBT happens when an individual entrusted with property or funds uses that property or funds for personal advantage. So, we are talking about "entrustment" and "misappropriation" - by misappropriating the entrusted goods, the person breaches the trust. The Penal Code makes such a breach of trust a criminal offence. Section 405 of the Penal Code explains when CBT is committed as follows: A person who has been entrusted with property or who has dominion (control) over property and;- who then dishonestly misappropriates the property; or
- converts the property for their own use; or
- dishonestly uses or disposes of such property in violation of any express or implied contract or law prescribing the mode in which such trust should be discharged; or
- intentionally allows any other person to do so.
- entrustment of goods; and
- dishonest misappropriation or conversion of goods for own use; or
- disposal of goods in violation of a contract or the law.
What must the prosecution prove for a conviction on criminal breach of trust?
Entrustment
The first element that needs to be established is a relationship of trust or entrustment. This trust could arise from a legal contract or a fiduciary relationship, meaning the person did not receive the property or funds for their use. They were given control over the goods for a specific reason expressed or implied in a contract or the law. In our temple case mentioned above, the temple's management entrusted the priest with the keys and combination codes to the safe that contained the jewellery pieces. The jewellery was meant to adorn the Hindu deities during special events or prayers - not for the priest's own use.Intention to act dishonestly
The Penal Code requires dishonesty as an element of criminal breach of trust, meaning the prosecution must establish that the person acted with the intent to be dishonest. Acting with intent means a person acts deliberately. So, the person is deliberately dishonest. Section 24 of the Penal Code defines "dishonesty" as follows: A person (A) is said to do an act dishonestly if -- A does that act with the intention of causing wrongful gain to Aor another person, or wrongful loss to another person, regardless of whether such gain or loss is temporary or permanent; or
- That act done by A is dishonest by the ordinary standard of reasonable and honest persons, andA knows that that act is dishonest by such standards.
Misappropriation or conversion
Most CBT cases involve misappropriation, but one act can be either. What needs to be proved is the accused misused someone else's property, or the power given over the property in a way that violated the terms of the trust. Misappropriation often involves money entrusted for a specific purpose, which is then used for someone’s own benefit. For example, A is a government clerk and receives public funds to pay into a particular treasury that holds all the public money. A takes the money for personal use instead. Conversion involves using the entrusted property as if it were your own. For example, B is a rental agent. A client entrusted B with his apartment to rent out. Instead, B runs a business from the property and pockets the money for himself.Intentionally allow someone else to use or dispose of entrusted property
Even if you didn't misuse the property or funds yourself, you can be guilty of CBT if you intentionally allow a friend to misappropriate or use the entrusted goods in violation of the trust.Penalties for criminal breach of trust
Section 406 of the Penal Code stipulates that a person convicted of CBT shall be sentenced to imprisonment up to seven years, or a fine, or both. The Penal Code stipulates higher penalties for specific categories of CBT, called aggravated CBT. These include the following:- Sec 407 - Criminal breach of trust of property entrusted for transportation or storage purposes
- Sec 408 - Criminal breach of trust by employees
- Sec 409 - Criminal breach of trust by public servants, bankers, merchants, agents, directors, officers, partners, key executives, or fiduciary
Factors when imposing a sentence for CBT
The court will take several factors into account, including the following: (1) The amount misappropriated as an indicator of the harm suffered. (2) The offender's gain, if any. (3) Are there any aggravating factors? E.g.- What was the degree of trust bestowed on the accused, and what was the offender's position? In the temple case, for example, the priest was held in a high degree of trust as the chief priest.
- How did the breach of trust impact the victim or the general public? For example, the priest's conduct led to a loss of trust and confidence in the temple's management.
- The duration of the offence, e.g., the priest committed various acts of CBT between 2016 and 2020.
- Did the offender offer any restitution to the victim? For example, in the temple case, the offender made full restitution.
- Remorse and other personal circumstances.
- The accused's motivation.
- Cooperation with the police.
What to do if you are suspected of criminal breach of trust
In Singapore, the police can arrest you without a warrant if they reasonably suspect you committed a criminal breach of trust. If you face a CBT charge, you should contact a criminal lawyer as soon as possible. Once arrested, the police or the court will decide if you will be released on bail. A criminal lawyer can assist in getting you out on bail and prepare your case. CBT is a serious offence. If you are convicted, you will have a criminal record. However, depending on your sentence and whether you have other criminal convictions or previously spent records, you may be able to have your record wiped clean. An experienced criminal lawyer will assist with your case and help you prepare a good strategy to achieve the best outcome for your circumstances." ["post_title"]=> string(35) "A Guide to Criminal Breach of Trust" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(24) "criminal-breach-of-trust" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-04-13 18:30:30" ["post_modified_gmt"]=> string(19) "2024-04-13 10:30:30" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=3695" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } }Contact Us
Call Us:
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Address:
480 Lorong 6 Toa Payoh
#16-01, East Wing, HBD Hub,
Singapore 310480
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