The sentencing of the S$3 billion money laundering case in Singapore drew strong public reactions. It is up to parliament to determine whether the sentencing regime for such cases is adequate, says lawyer Mark Yeo.
10 people were arrested in an anti-money laundering raidon Jun 10, bringing the saga to a close. Su’s sentence was the highest amongst the 10 offenders, who received sentences between 13 and 16 months’ imprisonment for their roles in the scheme.
Siow was assessed to be suitable for probation because his academic results showed he had the"potential to excel in life". First, it is Singapore’s parliament that determines what acts ought to be criminalised, and how severely these actions ought to be viewed. Second, the judiciary can only sentence an accused person based on the case that the Public Prosecutor brings before it. It is the prosecution who decides what, and how many, charges an accused person should be charged with.
There are numerous mechanisms that operate to promote consistency in sentencing. These include the use of sentencing frameworks to guide the court in exercising its discretion, the formation of the Sentencing Advisory Panel to issue non-binding guidelines on matters relating to sentencing, the use of sentencing precedents to ensure that like offenders are treated alike, and so on.
As stated by the Minister for Law and Home Affairs in a Facebook post after Terence Siow’s case, “If, after the appeal is decided, we, as a society, still generally believe that the law should deliver a different outcome, then it is not the Courts’ fault. It is then for parliament to deal with that, change the law.”
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