You have probably heard the term ‘misdemeanour’ thrown around in American television shows and films. It’s often used to describe a crime that isn’t quite a major headline but still gets someone into trouble with the law. This might have you wondering about the actual meaning of misdemeanour, especially in a Singaporean context.
Here is the interesting part for us in Singapore: the term ‘misdemeanour’ is not officially used in our legal system. It is a classification used primarily in the United States to categorise crimes. However, the idea behind it, a less serious offence, certainly has an equivalent here.
Let’s examine what people typically mean when they use the term and how it is applied in our laws in Singapore.
What Is A Misdemeanour?
In legal systems that use the term, a misdemeanour is a criminal offence that is considered less serious than a felony. Think of it as being on the lower end of the criminal spectrum. While a felony might involve serious harm or major theft, a misdemeanour typically involves minor injuries, smaller amounts of money, or public disturbances.
The punishments are accordingly lighter, often resulting in fines, community service, or a short jail sentence, usually less than a year. The core idea is that it’s an unlawful act, but not one that society deems severely dangerous.
What is Considered a Misdemeanour-Level Offence in Singapore?
Since we do not use the ‘misdemeanour’ label, you might be asking, what is considered misdemeanour equivalent here? In Singapore, our Penal Code classifies offences in different ways, such as ‘arrestable’ and ‘non-arrestable’ offences.
Generally, what would be called a misdemeanour elsewhere falls under the category of a less serious or a non-arrestable offence in Singapore. These are offences where the police cannot arrest a person without a warrant from the Court.
The penalties are also less severe compared to more serious crimes. They often carry a maximum imprisonment term of less than three years and may sometimes be punishable by only a fine.
Common Misdemeanour Examples in a Singaporean Context
To give you a clearer picture, let’s look more closely at some everyday situations that could be considered minor offences in Singapore. These are acts that, while against the law, are on the lighter side of criminal offences and help illustrate what might be considered a ‘misdemeanour’ elsewhere.
1. Petty Theft
This is the classic example, most often seen as shoplifting. Imagine a person taking a cosmetic item or a small electronic accessory from a shop without paying. Under Section 378 of the Penal Code, this is considered theft. What keeps it in the ‘minor’ category is typically the low value of the item and whether it is a first-time offence.
The situation changes dramatically if the person was stealing a luxury watch or was found to be part of an organised group that targets retail stores. The Court will consider these factors when deciding on the penalty, which for a first-time offender with a low-value item might be a fine.
2. Simple Assault (Voluntarily Causing Hurt)
A heated argument over a parking space that ends with one person shoving the other is a good example. This falls under ‘Voluntarily Causing Hurt’ in our Penal Code. The key distinction here is the level of injury. A shove, a slap, or a punch that results in minor bruises is treated differently from an attack that causes a fracture or a serious wound.
The absence of a weapon and severe injury is what keeps it on the lower end of the scale. However, simple assault is still an offence that can lead to fines or even a short jail term, depending on the circumstances.
3. Vandalism
Singapore is well-known for its clean environment, and the Vandalism Act is enforced strictly. However, there is a spectrum of offences. A minor act relating to vandalism could be as simple as scratching a name into a bus shelter seat or drawing on a public wall with a marker. While the authorities take all vandalism seriously, the scale and nature of the act matter.
This is quite different from large-scale, elaborate graffiti on a public building or damaging national monuments, which would attract far more severe penalties. Even for minor acts, the penalties can include fines, and the law does provide for caning, although its application depends on the severity of the case.
4. Public Nuisance
This is a broad category for behaviour that annoys the public. Think of someone who, after being told to quieten down, continues to shout and cause a scene in a hospital or library. The act itself doesn’t cause physical harm but creates an offensive or annoying environment for others in a public space.
It’s an offence under Section 290 of the Penal Code. Generally, these cases are resolved with a fine, making it a clear example of a low-tier offence.
5. Affray
When a fight breaks out between two or more people in a public place, like a coffee shop or outside a cinema, it is called ‘affray’. The important elements are that it involves fighting and it disturbs the public peace. The police do not need to figure out who started it; often, everyone involved in the fight can be charged.
This is different from a fight that happens in the privacy of a home. If the fighting results in serious injury, the charges can be upgraded to causing grievous bodily harm. For a simple scuffle, those involved can expect to face fines or a brief jail sentence.
Conclusion About The Meaning Of Misdemeanor
Even though these offences are less severe than others, being charged with any of them can have significant consequences. A conviction can still lead to a criminal record, which can affect your employment prospects and travel opportunities. It is never a good idea to take any charge lightly, no matter how small it may seem.
Even a minor charge can have lasting consequences. If you find yourself in a tricky situation, it is always best to seek professional legal advice. For guidance from some of the best criminal lawyers in Singapore, reach out to us at Tembusu Law today for a free consultation.
Frequently Asked Questions About The Meaning Of Misdemeanor
What Is The Direct Singaporean Equivalent Of A Misdemeanour?
Singapore law doesn’t have a direct one-to-one equivalent. However, the concept is similar to what we would classify as a ‘non-arrestable offence’ or a less serious offence under our Penal Code, often punishable by a fine or a short term of imprisonment.
Can A Minor Offence In Singapore Lead To Jail Time?
Yes, absolutely. While some minor offences may only result in a fine, many carry potential jail sentences. The outcome depends on the specifics of the case, the offender’s history, and the discretion of the Court.
Will A Minor Offence Give Me A Criminal Record?
Yes, a conviction for most criminal offences in Singapore, regardless of their severity, will result in a criminal record. This record is permanent but may be considered ‘spent’ after a certain crime-free period, meaning it will not be disclosed in most background checks.
Are Offences Classified In The Singapore Penal Code?
The Penal Code classifies offences based on their nature and severity. Key distinctions include ‘arrestable’ versus ‘non-arrestable’ offences (whether police can arrest without a warrant) and ‘bailable’ versus ‘non-bailable’ offences (whether bail is granted as a right).
