Chapter 16 - Offences Affecting the Human Body Flashcards
Section 300
Murder
Culpable homicide is murder —
(a) if the act by which the death is caused is done with the intention of causing death;
(b) if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused;
(c) if it is done with the intention of causing bodily injury to any person, and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or
(d) if the person committing the act knows that it is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, or such injury as aforesaid.
When culpable homicide is not murder —
Exception 1: Grave and sudden provocation
Exception 2: Exceeding right of private defence
Exception 3: Public servant exceeding lawful powers
Exception 4: Sudden fight
Exception 5: Consent
Exception 6: Infanticide
Exception 7: Abnormality of mind
Section 302
Punishment for murder
300(a): Punished with death
300(b), 300(c) or 300(d): Punished with death or imprisonment for life and shall, if he is not punished with death, also be liable to caning
Section 304
Punishment for culpable homicide not amounting to murder
With intention of causing death:
(i) Imprisonment for life, and shall also be liable to caning; or
(ii) Imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning
Without intention to cause death:
Imprisonment for a term which may extend to 10 years, or with fine, or with caning, or with any combination of such punishments.
Section 304A
Causing death by rash or negligent act
The difference between a rash act and a negligent act is the awareness of risk
Rash act:
Involves a person who knows that his actions involve the risk of causing injury or death, but he still runs the risk anyway e.g. throwing a flower pot down and killing someone
Imprisonment for a term which may extend to 5 years, or with fine, or with both
Negligent act:
Involves a person who did not knowingly take a risk, but did not take reasonable care to prevent the accident e.g. placing a flower pot on the ledge, which subsequently falls off and kill someone
Imprisonment for a term which may extend to 2 years, or with fine, or with both
Section 309
Attempt to commit suicide
Imprisonment for a term which may extend to one year, or with fine, or with both
Section 310
Infanticide
Section 311
Punishment for infanticide
Punished at the discretion of the court with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine
Section 312
Causing miscarriage
Done voluntarily e.g. a woman who causes herself to miscarry
Early stage of pregnancy: Imprisonment for a term which may extend to 3 years, or with fine, or with both
Quick with child: Imprisonment for a term which may extend to 7 years, and shall also be liable to fine
Section 313
Causing miscarriage without woman’s consent
Imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine
Section 314
Death caused by act done with intent to cause miscarriage
With consent: Imprisonment for a term which may extend to 10 years, and shall also be liable to fine
Without consent: Imprisonment for life, or with the punishment above-mentioned
Section 315
Child destruction before, at or immediately after birth
Imprisonment for a term not exceeding 10 years, or with fine, or with both
Exception: Necessary to save the life of the mother
Section 316
Causing death of a quick unborn child by an act amounting to culpable homicide
Imprisonment for a term which may extend to 10 years, and shall also be liable to fine
Section 317
Exposure and abandonment of a child under 12 years by parent or person having care of it
Imprisonment for a term which may extend to 7 years, or with fine, or with both
Section 318
Concealment of birth by secret disposal of dead body
Imprisonment for a term which may extend to 2 years, or with fine, or with both
Section 319
Hurt
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt
Includes causing another person to be unconscious
Section 320
Grievous hurt
Kinds of “grievous” hurt:
(a) emasculation;
(aa) death;
(b) permanent privation of the sight of either eye;
(c) permanent privation of the hearing of either ear;
(d) privation of any member or joint;
(e) destruction or permanent impairing of the powers of any member or joint;
(f) permanent disfiguration of the head or face;
(g) fracture or dislocation of a bone;
(h) any hurt which endangers life, or which causes the sufferer to be, during the space of 20 days, in severe bodily pain, or unable to follow his ordinary pursuits;
(i) penetration of the vagina or anus, as the case may be, of a person without that person’s consent, which causes severe bodily pain.
Section 323
Punishment for voluntarily causing hurt
Voluntarily causing hurt: Intention and Knowlege
Imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both
Exception: Grave and sudden provocation
Section 324
Voluntarily causing hurt by dangerous weapons or means
Imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments
Exception: Grave and sudden provocation
Section 325
Punishment for voluntarily causing grievous hurt
Imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning
Exception: Grave and sudden provocation
Section 326
Voluntarily causing grievous hurt by dangerous weapons or means
Imprisonment for life, or with imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning
Exception: Grave and sudden provocation
Section 332
Voluntarily causing hurt to deter public servant from his duty
Imprisonment for a term which may extend to 7 years, or with fine, or with caning, or with any combination of such punishments
Section 333
Voluntarily causing grievous hurt to deter public servant from his duty
Imprisonment for a term which may extend to 15 years, and shall also be liable to fine or to caning
Section 334
Voluntarily causing hurt on provocation
Imprisonment for a term which may extend to 3 months, or with fine which may extend to $2,500, or with both
Section 335
Causing grievous hurt on provocation
Imprisonment for a term which may extend to 6 years, or with fine which may extend to $10,000, or with both
Section 336
Punishment for act which endangers life or the personal safety of others
Rash or negligent act without causing hurt
Rash act: Imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both
Negligent act: Imprisonment for a term which may extend to 3 months, or with fine which may extend to $1,500, or with both
Section 337
Causing hurt by an act which endangers life or the personal safety of others
Rash act: Imprisonment for a term which may extend to one year, or with fine which may extend to $5,000, or with both
Negligent act: Imprisonment for a term which may extend to 6 months, or with fine which may extend to $2,500, or with both
Section 338
Causing grievous hurt by an act which endangers life or the personal safety of others
Rash act: Imprisonment for a term which may extend to 4 years, or with fine which may extend to $10,000, or with both
Negligent act: Imprisonment for a term which may extend to 2 years, or with fine which may extend to $5,000, or with both
Section 339
Wrongful restraint
Whoever voluntarily obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person
Section 340
Wrongful confinement
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person
Note: All wrongful confinement includes wrongful restraint
Section 350
Criminal force
Whoever intentionally uses force to any person, without that person’s consent, in order to cause the committing of any offence, or intending by the use of such force illegally to cause injury, fear or annoyance, is said to use criminal force to that other.
Section 351
Assault
Whoever makes any gesture or any preparation, intending or knowing any person present apprehend that he is about to use criminal force to that person, is said to commit an assault.
Section 353
Using criminal force to deter a public servant from discharge of his duty
Imprisonment for a term which may extend to 4 years, or with fine, or with both
Section 354
Assault or use of criminal force to a person with intent to outrage modesty
Imprisonment for a term which may extend to 2 years (5 years if against person under 14), or with fine, or with caning, or with any combination of such punishments
Section 354A
Outraging modesty in certain circumstances
(1) Causes or attempts to cause to that person death, or hurt, or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint
Imprisonment for a term of not less than 2 years and not more than 10 years and with caning
(2) Subsection (1) committed in a lift in any building or against any person under 14 years of age
Imprisonment for a term of not less than 3 years and not more than 10 years and with caning
Section 359
Kidnapping
Kidnapping is of two kinds: kidnapping from Singapore (Section 360), and kidnapping from lawful guardianship (Section 361)
Section 360
Kidnapping from Singapore
Whoever conveys any person beyond the limits of Singapore without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Singapore
Section 361
Kidnapping from lawful guardianship
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
Section 362
Abduction
Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person
Section 375
Rape
(1) Penetrates the vagina with his penis without consent (Consent immaterial if under 14 years of age)
Imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning
(3) Voluntarily causes hurt; or puts her in fear of death or hurt to herself or any other person; or under 14 years of age without consent
Imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes
(4) Rape against wife (special circumstances i.e. living apart or court injunction or protection order)
Note: Only a man can commit rape on woman
Section 376
Sexual assault by penetration
(1) Penis to anus or mouth without consent (vice versa)
(2) Part of A’s body (other than penis) to vagina or anus; or B’s penis to vagina, anus or mouth of C; or part of B’s body (other than penis) to vagina or anus of any person including A or B
Imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning
(4) Voluntarily causes hurt; or puts any person in fear of death or hurt to himself or any other person; or under 14 years of age
Imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes
Note: Man against woman, man against man, woman against woman, woman against man
Section 376A
Sexual penetration of minor under 16
Imprisonment for a term which may extend to 10 years, or with fine, or with both
If minor under 14:
Imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning
Consent immaterial if under 16 years of age
Section 376B
Commercial sex with minor under 18
(1) Obtains for consideration the sexual services of a person
Imprisonment for a term which may extend to 7 years, or with fine, or with both
(2) Communicates with another person for the purpose of obtaining for consideration, the sexual services of a person
Imprisonment for a term which may extend to 2 years, or with fine, or with both
Section 376C
Commercial sex with minor under 18 outside Singapore
Liable to the same punishment to which he would have been liable had he been convicted of an offence under section 376B
Section 376D
Tour outside Singapore for commercial sex with minor under 18
Imprisonment for a term which may extend to 10 years, or with fine, or with both
Section 376E
Sexual grooming of minor under 16
Person above 21 having met or communicated with another person (B) on 2 or more previous occasions (immaterial if in or outside Singapore) with intention to commit a relevant offence
Imprisonment for a term which may extend to 3 years, or with fine, or with both
Section 376F
Procurement of sexual activity with person with mental disability
Intentionally touch: Imprisonment for a term which may extend to 2 years, or with fine, or with both
Touch involves penetration: Imprisonment for a term which may extend to 10 years, or with fine, or with both
Section 376G
Incest
Man or woman above 16
Involves penetration of granddaughter, daughter, sister, half-sister, mother or grandmother; or penetration by grandfather, father, brother, half-brother, son or grandson
Imprisonment for a term which may extend to 5 years
If man commits offence against woman under 14 years of age, he shall be punished with imprisonment for a term which may extend to 14 years
Section 377
Sexual penetration of a corpse
(1) Penis to vagina, anus or mouth or a human corpse
Imprisonment for a term which may extend to 5 years, or with fine, or with both
(2) A cause B to penetrate with B’s penis, the vagina, anus or mouth of a human corpse
Imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
Section 377A
Outrages on decency
Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years
Note: Man against man
