ST Explains: What is judicial mercy, and how does it apply to Ong Beng Seng's case?
Both the defence and the prosecution noted that a fine in lieu of jail would be appropriate as he has advanced multiple myeloma, which is an incurable cancer.
His lawyers urged the court to exercise judicial mercy and impose a fine with no prison time.
The prosecution did not object to this, noting that even if the court did not exercise judicial mercy, there was basis for it to consider Ong's ill-health as a mitigating factor for a significant reduction of sentence.
What is judicial mercy?
Judicial mercy is the discretionary power of Singapore's courts to give a more lenient sentence because of exceptional mitigating circumstances.
It has a high threshold, and so far has been exercised in only two types of situations.
The first is where the offender is suffering from terminal illness.
The second is where the offender is so ill that jail time would carry a high risk of endangering his or her life.
The High Court previously said that when judicial mercy is exercised, the central consideration by the court is not the culpability of the offender.
Instead, the sentence will be based on humanitarian considerations.
These must outweigh public interests in punishing the offender for his crime.
This is distinctly different from when ill-health is considered as a mitigating factor.
The High Court said judicial mercy is to be invoked only sparingly.
Previous cases where it was invoked saw no imprisonment, or a nominal period of imprisonment, or the statutory minimum.
Difference between judicial mercy and ill-health as mitigating factor
Judicial mercy has a higher threshold than ill-health as a mitigating factor.
When judicial mercy is invoked, the main consideration for sentencing becomes one of humanity.
When the courts pass sentences with ill-health considered as a mitigating factor, the central consideration is still the public interest in punishing one for the offence committed.
The punishment would remain proportional to the offender's culpability, but may be reduced at the discretion of the court.
The courts have exercised judicial mercy in cases where the offender has not long left to live or when prison time would pose a significant risk to the offender's life.
Cancer-stricken woman
In 2020, the court fined a woman $5,000 instead of jailing her for a week for contempt of court.
The mother of two had breached court orders relating to divorce proceedings with her former husband.
She had turned her children on him and harmed his reputation.
The court granted judicial mercy, noting that the woman had stage 4 breast cancer, was using a wheelchair and weighed only 30kg.
Six months to live
In 2018, a man who managed a coffee shop had a three-week prison sentence cut to a $250 fine after he was diagnosed with cancer and given six months to live.
Lam Kim Heng, then 68, had tried to bribe a building inspection officer with a pack of cigarettes.
But three weeks after sentencing, he found out he had acute myeloid leukaemia.
The High Court granted judicial mercy when it heard his appeal about three months after the diagnosis.
Former Tangs chairman's kidney scandal
In 2008, then Tangs chairman Tang Wee Sung was jailed for a day and fined $17,000 for attempting to buy a kidney.
He suffered from multiple medical conditions, including end-stage renal disease.
Tang had to undergo dialysis six days a week, and had extremely detailed checks, injections and medication daily.
The court granted him judicial mercy.
Tang underwent a kidney transplant in 2009 and died in 2022.
Molester with nose cancer
In 2006, a convicted molester was granted judicial mercy on appeal and had his original sentence of four months' jail and three strokes of the cane replaced with a $5,000 fine.
Chng Yew Chin, then 43, had molested his maid.
But he appealed and a doctor told the court he could not be cured and had little time left.
The court granted him judicial mercy, saying his cancer was a far harsher sentence that would kill him in the near future.
Source: The Straits Times © SPH Media Limited. Permission required for reproduction
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