Chapter 16 - Offences Affecting the Human Body

Question 1

Section 300

Answer 1

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

Question 2

Section 302

Answer 2

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

Question 3

Section 304

Answer 3

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.

Question 4

Section 304A

Answer 4

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

Question 5

Section 309

Answer 5

Attempt to commit suicide

Imprisonment for a term which may extend to one year, or with fine, or with both

Question 6

Section 310

Answer 6

Infanticide

Question 7

Section 311

Answer 7

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

Question 8

Section 312

Answer 8

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

Question 9

Section 313

Answer 9

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

Question 10

Section 314

Answer 10

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

Question 11

Section 315

Answer 11

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

Question 12

Section 316

Answer 12

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

Question 13

Section 317

Answer 13

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

Question 14

Section 318

Answer 14

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

Question 15

Section 319

Answer 15

Hurt

Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt

Includes causing another person to be unconscious

Question 16

Section 320

Answer 16

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.

Question 17

Section 323

Answer 17

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

Question 18

Section 324

Answer 18

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

Question 19

Section 325

Answer 19

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

Question 20

Section 326

Answer 20

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

Question 21

Section 332

Answer 21

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

Question 22

Section 333

Answer 22

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

Question 23

Section 334

Answer 23

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

Question 24

Section 335

Answer 24

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

Question 25

Section 336

Answer 25

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

Question 26

Section 337

Answer 26

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

Question 27

Section 338

Answer 27

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

Question 28

Section 339

Answer 28

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

Question 29

Section 340

Answer 29

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

Question 30

Section 350

Answer 30

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.

Question 31

Section 351

Answer 31

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.

Question 32

Section 353

Answer 32

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

Question 33

Section 354

Answer 33

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

Question 34

Section 354A

Answer 34

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

Question 35

Section 359

Answer 35

Kidnapping

Kidnapping is of two kinds: kidnapping from Singapore (Section 360), and kidnapping from lawful guardianship (Section 361)

Question 36

Section 360

Answer 36

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

Question 37

Section 361

Answer 37

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

Question 38

Section 362

Answer 38

Abduction

Whoever by force compels, or by any deceitful means induces any person to go from any place, is said to abduct that person

Question 39

Section 375

Answer 39

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

Question 40

Section 376

Answer 40

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

Question 41

Section 376A

Answer 41

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

Question 42

Section 376B

Answer 42

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

Question 43

Section 376C

Answer 43

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

Question 44

Section 376D

Answer 44

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

Question 45

Section 376E

Answer 45

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

Question 46

Section 376F

Answer 46

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

Question 47

Section 376G

Answer 47

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

Question 48

Section 377

Answer 48

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.

Question 49

Section 377A

Answer 49

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