This book weaves together the many fragmented threads of sentencing pronouncements and organises them into a series of sentencing principles. Each principle discusses the source of the relevant principle, the rationale behind it, and the issues relating to its application.
Both local sentencing precedents and foreign cases and literature are provided as illustration. Also included are parliamentary speeches, judicial and extra-judicial pronouncements, and a comprehensive list of local articles and legal commentaries.
Written primarily for practitioners, academics, law students and the public, the discussion and commentaries take a non-prescriptive approach and are arranged into succinct reader-friendly paragraphs and sub-paragraphs to facilitate easy references and searches.
This title is a joint publication of the Author, Academy Publishing and the Subordinate Courts of Singapore.
Kow Keng Siong graduated with a Bachelor of Law degree from the National University of Singapore Law School in 1993 and was called to the Bar in the following year. In 2002, he obtained a Masters of Law Degree from Columbia Law School. In recognition of his academic achievements, he was elected a Harlan Fiske Stone Scholar by Columbia Law School and awarded the Certificate for Achievement in International & Comparative Law by the Parker School of Foreign & Comparative Law.
He began his legal career in 1993 as a Deputy Public Prosecutor and State Counsel. In 1999, he was appointed a District Judge and spent most of the next nine years being involved in the administration of criminal justice. During this period, he was also actively involved in various law reform initiatives and committees within the Subordinate Courts. For his contributions to the administration of criminal justice, he was awarded the 2004 National Day Public Administration Award (Bronze).
He is currently a Deputy Senior State Counsel with the International Affairs Division of the Attorney-General’s Chambers, a President of the Singapore Armed Forces Court Martial, and an adjunct faculty member with the Singapore Management University. He is also happily married with a devoted wife and two lovely children.
Apart from the present publication, he has contributed to two Subordinate Courts publications, namely, Sentencing Practice in the Subordinate Courts (2000) and Evidence in Criminal Trials (2002).
General Sentencing Considerations –
Chapter 1 Duty to “Sentence According to Law”
Chapter 2 Constitutional Considerations
Chapter 3 Prescribed Punishment
Chapter 4 Rule of Statutory Interpretation against Doubtful Penalisation
Chapter 5 Maximum Sentences
Chapter 6 Sentencing Objectives
Chapter 7 Factual Basis for Sentence
Chapter 8 Specificity in Sentencing
Chapter 9 Punishment for the Offence Charged
Chapter 10 Taking Offence into Consideration
Chapter 11 Punishment for Offences Arising from the Same Facts
Chapter 12 Proportionality in Sentencing
Chapter 13 Parity in Sentencing
Chapter 14 Sentencing Strict Liability Offences
Specific Sentencing Considerations –
Aggravating and Mitigating Factors
Chapter 15 Effect of Aggravating and Mitigating Factors
Chapter 16 Nature of the Offence
Chapter 17 Effects of the Offence
Chapter 18 Reason and Motivation for the Offence
Chapter 19 Circumstances of the Offence
Chapter 20 Offender’s Remorse
Chapter 21 Offender’s Character
Chapter 22 Offender’s Personal Attributes
Chapter 23 Effect of the Conviction and Sentence
Chapter 24 Other Considerations
Sentencing Options and Legislative Sanctions
Chapter 25 Preliminary Considerations
Chapter 26 Fines
Chapter 27 Imprisonment
Chapter 28 Probation
Chapter 29 Sentences “In Lieu of Imprisonment”
Chapter 30 Caning
Chapter 31 Death Penalty
Chapter 32 Other Legislative Sanctions
Chapter 33 Judgment in the Alternative
Chapter 34 Delivery of Sentencing Decision
Chapter 35 Alteration of Sentencing Decision
Chapter 36 Challenging a Sentencing Decision – Appeal
Chapter 37 Challenging a Sentencing Decision – Revision