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Understanding the Legal Process: What Happens When Someone is Charged with an Offence

Understanding the Legal Process: What Happens When Someone is Charged with an Offence

Explaining the steps in Singapore’s criminal justice system through the case of Sun Sicong.

SINGAPORE — Sun Sicong, a polytechnic student, faces three charges: wounding religious feelings, making an insulting communication, and possessing obscene films. While he expressed his willingness to plead guilty to two of these charges, his case has been adjourned for a future hearing, leaving many wondering about the legal procedures at play.

What is a Charge?
A charge is a formal accusation of a crime, known legally as an offence. Offences in Singapore are created by Parliament, which defines what constitutes criminal behavior and the associated punishments. Sun’s charges are based on specific laws within Singapore’s legal framework, such as the Penal Code and other relevant statutes.

Presumption of Innocence
Being charged does not mean Sun is guilty of the offences. Under Singapore’s legal system, the presumption of innocence ensures that an individual is considered innocent until proven guilty. It is the prosecution’s role, typically represented by the Attorney-General’s Chambers, to provide sufficient evidence to prove guilt beyond a reasonable doubt.

Court Proceedings
When someone is charged, court proceedings begin. The accused, like Sun, is presented with the charges and decides whether to contest or plead guilty. If Sun chooses to contest, a trial would follow. However, by stating his intention to plead guilty, Sun has opted for a quicker resolution for two of the charges. He retains the right to change his decision until the actual plea hearing.

Plea of Guilt and Sentencing
Pleading guilty often signals genuine remorse, which may influence the prosecution’s sentencing request. This is sometimes referred to as a “plea offer.” However, the prosecution’s recommendation is not binding on the judge, who will determine the sentence based on legal principles.

In Sun’s case, the prosecution has not yet finalized its sentencing position, which is why his case was adjourned. The judge, once informed of the prosecution’s position and Sun’s mitigation plea, will ultimately decide the sentence.

Conclusion
Sun Sicong’s case is an example of how Singapore’s criminal justice system operates, from charges to sentencing. As the process unfolds, it highlights the importance of understanding the legal pathways available to both the prosecution and the accused.

Andy Thomas
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