Court increases jail terms of men who leaked intimate shots of wife and rival, sets sentencing framework & More Trending News
SINGAPORE: Two men who leaked intimate shots of different folks had their sentences for the offence elevated on Thursday (Dec 1) after the High Court allowed the prosecution’s enchantment.
At the identical time, the court docket – comprising Chief Justice Sundaresh Menon, Justice Steven Chong and Justice Vincent Hoong – laid down a sentencing framework for the offence of distributing an intimate picture or recording.
The first offender, initially sentenced to 12 weeks’ jail, will now be jailed for 18 months as a substitute for the offence. The second offender noticed his jail time period elevated from 18 months to 33 months, on prime of receiving two further strokes of the cane.
The two unrelated circumstances are referred to as GED and GEH. Although unrelated, the prosecution had requested for the appeals to be heard collectively as related points and novel authorized questions could be raised in each circumstances.
GED had posted pictures exhibiting his bare wife having intercourse together with her supervisor on Facebook, whereas GEH had taken a video of a person he suspected was having an affair together with his wife. He had recorded the video whereas his accomplices attacked the person and held him in a chokehold, exposing his genitals.
The video confirmed the sufferer’s genitals and injured face and was despatched to greater than 500 of the sufferer’s contacts.
GED was sentenced within the State Courts to 13 weeks’ jail in complete for his crimes, for which 12 weeks was for the distribution offence.
A district court docket sentenced GEH to 36 months’ jail, 4 strokes of the cane and a S$1,500 high-quality for all his crimes, which embody different unrelated offences like utilizing insulting language. Of this, 18 months’ jail was for the distribution offence.
The prosecution filed Justice of the Peace’s appeals in each circumstances.
Delivering the written judgment on Thursday, the Chief Justice laid down a five-step sentencing framework for future circumstances involving Section 377E(1), of distributing an intimate picture or recording.
He stated the offence took impact on Jan 1, 2020 and particularly criminalises, for the primary time in Singapore’s legislation, the distribution of intimate pictures or recordings of one other individual with out consent.
The framework entails 5 steps and embody first contemplating the offence-specific components in regards to the hurt triggered to the sufferer and the offence-specific components going in direction of the accused individual’s culpability.
The court docket discovered that caning would presumptively be warranted in sure conditions, resembling when an offender makes use of legal or violent means to seize the intimate pictures or recordings, or the place the offender broadly disseminates such footage the place the sufferer is identifiable.
After making use of the brand new framework to the 2 circumstances, the court docket revised GED’s sentence for the distribution offence from 12 weeks’ jail to 18 months’ jail. After together with his sentences for his different offences, his complete sentence is eighteen months and one week’s jail.
GEH’s sentence for the distribution offence was elevated from 18 months’ jail to 33 months’ jail, with two strokes of the cane. After factoring in his jail terms for different offences, he acquired a complete of 4 years and three months’ jail, six strokes of the cane and a high-quality of S$1,500.
Court increases jail terms of men who leaked intimate shots of wife and rival, sets sentencing framework
Court increases jail terms of men who leaked intimate shots of wife and rival, sets sentencing framework
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Court increases jail terms of men who leaked intimate shots of wife and rival, sets sentencing framework