What does the offence of kidnapping entail?

What is the punishment for kidnapping in Singapore? Let GJC Law explain.

In Singapore, the offence of kidnapping is taken very seriously and this is reflected in Singapore’s criminal law.

1. KIDNAPPING

Under Singapore criminal law, specifically section 359 of the Penal code, there are 2 kinds of kidnapping. There is first, kidnapping from Singapore, and second, kidnapping from lawful guardianship.

The first kind of kidnapping (kidnapping from Singapore) is provided for in section 360 of the Penal code which states that whoever conveys any person beyond the limits of Singapore without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from Singapore.

The second kind of kidnapping (kidnapping from lawful guardianship) is provided for in section 361 of the Penal code which states that whoever takes or entices any minor under 14 years of age if a male, or under 16 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. The words “lawful guardian” includes any person lawfully entrusted with the care or custody of such minor or other person.

An exception is made in the second kind of kidnapping for any person who in good faith believes himself to be the father of an illegitimate child or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

2. PUNISHMENT FOR KIDNAPPING

Section 363 of the Penal code provides that whoever kidnaps any person from Singapore or from lawful guardianship, shall be punished with imprisonment for a term which may extent to 10 years, and shall also be liable to fine or caning.

It must also be noted that the punishment may differ if the kidnapping was done to further an ulterior motive. This is provided for in section 364 to 369 of the Penal code.

3. NEED HELP?

Kidnapping is a serious offence and the punishment accompanying this offence is extremely severe. Criminal Law in Singapore can be challenging and it is vital to have experienced criminal lawyers working with you. If you require assistance with any criminal matter, the criminal lawyers at Gloria James-Civetta are at hand. Our law firm has the best interests of clients at heart and is committed to giving clients sound legal advice. Please do not hesitate to contact us .

Should you have any questions or require legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg.

Drink driving offences in Singapore

There’s no fixed benchmark of how much you can drink before driving. Different drinks contain different levels of alcohol content. Alcohol impairs the driver’s judgment and coordination. 

When the alcohol enriched blood passes through the lungs, some of the alcohol will be circulated into the air in the lungs which can be detected by a breath sample taken by the breathalyser. 

 

According to the Traffic Police of Singapore, and under the Road Traffic Act, a driver can be found to be convicted of drink driving in the following two instances, even if he has control of the vehicle. 

The two occasions are:

a) if the driver is found with more than the legal limit of 35 micrograms (ug) of alcohol per 100 ml of breath, or 

 
b) more than 80millimigrammes (mg) of alcohol per 100ml of blood

Even when the alcohol level is under the legal limit, the driver can still be charged with drink driving if he gets into an accident, as he is deemed to be unable to have proper control of the vehicle.

Penalty

The penalty of drink driving in Singapore is as follows: 

1st offence - Fine of between $1,000 and $5,000 or up to 6 months imprisonment

2nd offence - Fine of between $3,000 and $10,000 and up to 12 months of imprisonment

3rd and subsequent offence - Fine of up to $30,000 and up to 3 years of imprisonment.

Anyone been found guilty of drink driving will also be barred from driving for at least 1 year, even he or she has not caused any traffic accidents.

For more information, please visit our blog site www.singaporecriminallawyer.com for more information about your rights.

Should you have any questions or need legal representation, kindly contact Gloria James-Civetta & Coon 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg

When you represent yourself in a Criminal Trial

Crimes are pernicious tonics that leave people indifferent and cold for a lifetime. When you are one of those who are accused of certain crimes, you too have all the legal rights. One of those is to hire the best lawyer in town and you can go through the entire process – from random questioning through the end of the trial – only if you want one. In case you don’t want an attorney, you certainly have all the rights to represent yourself and your case.

Called as appearing "pro se" or "pro per," means you are representing yourself, which actually means you need to invest your time to understand criminal law in Singapore and then do whatever a lawyer is supposed to do to protect all your rights. So before you go any further with your decision, consider what it really means and how things actually work.  

Why People Actually Represent Themselves?

People choose to represent themselves for a variety of reasons and other logics that come in their ways. Few think that they would be more successful than someone else who isn’t aware of all the facts of their case. Others also represent themselves since they think they won't qualify for a non-cost, court-appointed attorney, but they just don’t want to hire one at their own expense.  And others just don’ trust lawyers for their case. Read more…

Understand Criminal Law before Taking Any Step

Understanding of the law is very necessary in the business world, especially when you are about to start something big. Singapore is a very reputed location for the new business to start. Over here, government and several private investors are ready to help people with great business ideas to explore new places and opportunities to establish business. There is several business opportunities available for you to grow and succeed given you are following the criminal law in Singapore properly. In case you are not abiding by the law in the right manner, it can lead you towards a big problem.

Foreign multinational companies coming from western countries have to consider the law and regulations applicable on the business properly. They are going to work in a society where businesses are run according to the society norms. If you are not following them precisely, there can be serious consequences for that. Apart from this, there are several legal and financial formalities as well which are essential for you to follow.

 In case you are unable to understand the minor points related to the Singapore criminal law or financial investment laws, try to contact reliable legal firms and get to know them better. Contact a reliable legal firm and mention your requirements. They will handle all your legal issues of informing about various laws as well as applicable regulations. Apart from this, they will help in formulating legal documents as well in case you need to put them forth to the governmental organizations.

How to Choose a Good Defense Lawyer

Criminal cases in Singapore are taken very seriously. They are not taken for granted even if the crime committed by someone is meager. Every crime is taken into consideration with a serious eye. In case you are stuck in the middle of some kind of criminal case, it is essential for you to obtain services of a criminal defense lawyer or we should say the best defense lawyer. Defense lawyer is the lawyer who is capable of helping you or your loved one to fight in the court of law and come out as an innocent person.

A regular criminal lawyer can work for your case but he will not be as good as the defense lawyer who has spent his entire life in practicing defense. This lawyer is fully aware of how to use the criminal law in Singapore to defend their clients. They will not break any law or go against one to help their clients but will use the same law to protect the interest of their client by proving his innocence. While selecting one for your case, make sure to assess these qualities:

Spends time to understand your case: a good lawyer will always spend time to understand your case well. Without obtaining all the major details, they are unable to defend you properly. In case the lawyer is too hasty for your case or not even listening to your points due to haste, make sure to look for another one. Continue reading …

Do Not Share Case Details without Consulting Lawyer

There are two varieties of criminal cases- Blue collar crimes and white collar crimes. Both of them are quite different from each other. The white collar crimes are mostly the finance and business related crimes. They can also be about property as well.

The blue collar crimes are the ones considered as real crime like murders, rapes, human trafficking and thefts. They can of quite severe nature. According to the criminal law of Singapore, any person who is found guilty is not shown any mercy whatsoever his conditions or age is. If the Singapore criminal law states him to be guilty of the crime, it is difficult for the person to safeguard himself. 

Often due to misunderstanding or lack of evidences, certain people are accused of the crime that has not even done it. Under these conditions when you know that it is rather difficult for you to get away from the criminal case a lawyer can of great help. 

The criminal lawyer from the top law firm in Singapore tries every possible measure to safeguard your interest in the court of law. In case all the evidences are against you, the lawyer will try to reduce your penalty or imprisonment. If there are chances for out of court settlement, the lawyer will try to do that as well. During the criminal case, certain people have the habit of discussing all their case details with outsiders or boast about their possible winning after getting a drink or two. You must avoid it completely. Continue reading ……