Wednesday, October 24, 2007

interesting court comparisons

I remember talking to people about the Michael Fay incident in Singapore about the caning that he got for vandalizing vehicles. After hearing about that case, I was sure that there was no such thing as plea bargaining in Singapore law. You do a crime, you do the time. Even if that 'time' might be considered extreme (like 6 strokes of the cane for vandalism, or death for possessing a certain amount of marijuanna), you will get the time cause you do the crime.

Then I read this article (http://www.channelnewsasia.com/stories/singaporelocalnews/view/307522/1/.html) and as I was reading I thought to myself "Oh, there must be a difference in that Michael Fay knew what he was doing and all whereas Regan Lee Da Wen must have been driving with due care and attention, the road was slippery or a jay walker darted out in front of him and he lost control of the vehicle by pure accident". I figured that would be how his defence was accepted as a 'rash act'. Then I read how he Regan was diving twice the legal limit, lost control of the vehicle, crashed it, came out unhurt but in the process the agent was killed.

I fail to see how the difference is. A guy actually does the deed of vandalism, four months in jail, a fine of 3,500 Singapore dollars (US$2,214 or £1,514 at the time), and six strokes of the cane; a guy obviously speeds above his control of the vehicle and crashes it and hits another vehicle head on killing another person and he gets disqualified from driving for 10 years and sentenced to seven months in jail. Let me see if I get this straight, vandalize some cars with paint (that in the defence of Michael was easily repaired at low cost) 4 months in jail, S$3,500 and six strokes of the cane; drive stupidly fast, lose control of the vehicle and kill someone accidentally, 7 months in jail and a driving suspension (which, lets face it, in Singapore with the price of vehicles being so high to get on the road and public transport being so cheap who really needs it, what is the thing with taking away a car?).

I guess the secret here is not what the crime is that is done, but who you can get as a lawyer to represent you. Nice to know that the Singaporean courts are just like the American and Canadian legal system. Can buy and plea your way out of beatings or death just by throwing a little money at the problem.

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