You may occasionally come across news articles related to "assault." These could be followed by a terrifying narrative of violent crimes that typically result in injury.
You might be shocked to hear, though, that assaulting in Singapore does not need to result in physical harm. Assaulting in Singapore is defined by section 351 of the Penal Code, according to both criminal and civil law. Rather, assault just necessitates the intention to make the victim believe that they would be the target of criminal force. Here is a post that discusses intentionally hurting a person and the consequences of using force against a person.
The Penal Code defines an assault as when a person makes a "gesture or preparation" with the intention or knowledge that it will likely lead to another person suspecting that the first person is going to use "criminal force" against them.
Put differently, assault does not necessitate the use of actual criminal force. Instead, the accused only needs to do something to intimidate the other person into believing that they will be the target of criminal force in order to be charged with assault.
It should be noted that an attack does not occur when words are used alone. But, a person's choice of words might give his or her actions the impression that they are assaults, regardless of the intention behind them.
We must first comprehend what "force" means in order to comprehend the meaning of "criminal force."
In accordance with Penal Code section 349, an individual may use "force" against another person in the following situations: causing motion, meaning causing someone to move; causing motion to change direction; or causing motion to stop.
The motion, change of motion, or stopping of motion must have also been produced by the accused, either by his or her physical strength, the disposal of any material, or the inciting of an animal.
In order for someone to use force against another without that person's agreement and with the intent or knowledge that doing so will probably result in harm, fear, or annoyance, that person must actually use that force against that person.
However, using actual force is not necessary in an assault. All that is required is a preparatory action or gesture (beyond just words) made with the knowledge or intention that the other person is likely to believe that unlawful force would be employed against them.
For instance, Person A might toss a stone at Person B's jug when they notice that Person B is carrying it on their head, hoping to damage or frighten Person B with the jug breaking. Since Person A intentionally moved the stone to come into contact with something that Person B was carrying to instil terror, Person A's actions would be considered using criminal force.
However, this would be considered assault if Person A held the stone instead of throwing it, stood in front of Person B, and then made a large swinging motion as if he was going to throw the stone at the jug. Person A knew that Person B would probably be afraid that the stone would be thrown at his jug. Because that offence requires that Person A apply force to Person B—for example, by throwing the stone at the jug—this would not be considered the use of criminal force.
The seriousness of the offence determines the different assaulting penalties.
According to Penal Code section 352, an individual may face up to three months in prison and a fine of up to $1,500 if they assault or use criminal force against someone else without that person's serious and immediate provocation.
Alternatively, the offender faces up to one month in jail and/or a $1,000 fine if it is determined that the provocation was severe and abrupt enough to lessen the offence.
Section 353 of the Criminal Code stipulates that an individual may face up to four years in prison and/or a fine if they assault or use criminal force against a public official while they are on duty.
A person will face up to three years in prison, a fine, and/or caning if they assault someone or use criminal force against them with the intent to offend or know that they will likely offend that person's modesty.
If this offence is committed against a person who is less than 14 years old, the sentence could be increased to five years in jail.
Anyone found guilty of assaulting or using unlawful force against another person in the course of stealing something that the victim was wearing or carrying faces a sentence of one to seven years in jail as well as caning.
Lastly, under Penal Code section 357, an individual may face up to a year in jail and/or a fine of up to $3,000 for assaulting or using criminal force against another person in an attempt to unlawfully confine that person.
In Singapore, you should notify the authorities right away if you think you have been the victim of assault. The court may also provide you compensation for losses you sustained as a result of the assault if the accused is found guilty.
However, if you have been accused of assault in Singapore, you might wish to speak with a criminal defence lawyer in Singapore about all available options. He or she will be more qualified to provide you with advice on how to handle your case, including whether to enter a guilty plea or to go to trial and what defences you might be able to assert. If you are able to make a case for a reduced sentence through mitigation, your attorney may also be able to assist you.
Do you want to consult a top criminal lawyer in Singapore for an assault case? If yes, choose Bishop Law, a boutique law firm in Singapore specialising in Criminal Defence and Commercial Disputes. Their specialist criminal lawyers in Singapore are known for their strong understanding of criminal law in Singapore.
The primary aim is to serve all people with top-quality legal representation at genuine and affordable rates. You can contact the firm to get an affordable and top criminal lawyer in Singapore.
Assault is defined in civil law as an act that directly and intentionally causes a claimant (also referred to as the "plaintiff") to reasonably fear that injury (also known as "battery") would be inflicted. In civil law, words alone can constitute assault, unlike in criminal law.
"Sexual assault involving penetration" is defined in section 376 of the Penal Code as offences involving sexual penetration that does not constitute rape, such as when a person uses any part of their body other than their penis to penetrate the anus or vagina, or when they instigate another person to engage in sexual penetration of another person's body.
In the case of criminal force, a person uses force against another person without that person's agreement and with the intent or knowledge that doing so will probably result in harm, fear, or annoyance.
However, using actual force is not necessary in an assault. All that is required is a preparatory action or gesture made with the knowledge that the other person is likely to believe that unlawful force would be employed against them.
Gambling is a recreational activity popular throughout the world. However, the legality of it varies across different jurisdictions.
Gambling is a recreational activity popular throughout the world. However, the legality of it varies across different jurisdictions.
Gambling is a recreational activity popular throughout the world. However, the legality of it varies across different jurisdictions.
Gambling is a recreational activity popular throughout the world. However, the legality of it varies across different jurisdictions.
Gambling is a recreational activity popular throughout the world. However, the legality of it varies across different jurisdictions.
Gambling is a recreational activity popular throughout the world. However, the legality of it varies across different jurisdictions.
Gambling is a recreational activity popular throughout the world. However, the legality of it varies across different jurisdictions.
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