Physical assault in Singapore is referred to as Voluntarily Causing Hurt and is defined under Section 321 of the Penal Code. Voluntarily Causing Hurt covers actively and intentionally hurting someone, as well as acting in the knowledge that hurt is likely to be caused.
For example, if someone were to intervene and try to break up an existing fight, and ended up causing hurt to one or more people, that someone is still liable for physical assault – even if they did not instigate the fight in the first place.
A case involving a woman who severely injured her mother-in-law while trying to break up a scuffle between her father and husband illustrates this.
What Constitutes Physical Assault?
According to Section 319 of the Penal Code, “hurt” is defined as any physical bodily pain, disease, or infirmity inflicted by one person on another. This covers a wide range of afflictions, from skinned knees and bruises to cuts or sprains.
For more severe cases of physical assault, Singaporean law addresses “grievous hurt.” This includes injuries such as:
- Permanent loss of sight or hearing
- Permanent impairment of a limb or joint
- Permanent disfigurement of the head or face
- Broken or dislocated bones
- Penetration of the vagina or anus without consent, resulting in severe bodily pain
Section 321 of the Penal Code defines assault as voluntarily causing hurt. This can include acts like slapping or hitting someone with the intent to cause pain, even if no serious injury occurs.
However, when the use of force is more severe, and the attacker’s intention goes beyond just causing pain, Section 322 of the Penal Code becomes relevant. This Section addresses situations where the intent is more harmful.
In addition, Section 351 of the Penal Code specifies that a person commits assault when they make a gesture or preparation that causes another person to fear that criminal force will be used against them.
Interestingly, actual use of force is not required for an assault charge. Simply making someone think they are about to be harmed is enough.
For example, saying “I’m going to beat you up” may not count as assault on its own. However, if someone makes this statement while picking up an umbrella in a threatening manner, it could be considered an assault under Singapore law.
It’s also important to note that physical assault in Singapore includes forms of violence like sexual battery and domestic violence, which are taken seriously under assault laws in Singapore.
Physical assault also covers sexual battery and domestic violence.
What Does It Mean By Criminal Force?
To understand criminal force, we first need to define “force.” According to Section 349 of the Penal Code, force occurs when a person causes motion (movement), a change in motion (change of direction), or the stopping of motion in another person.
This can be done either directly to the person or through a substance that comes into contact with:
- Any part of their body
- Anything they are wearing or carrying
- Anything positioned so the person feels it
Criminal force, as defined under Section 350 of the Penal Code, is when someone intentionally uses such force on another person without their consent. This must be done either:
- To commit an offence, or
- To cause, or be likely to cause, injury, fear, or annoyance to the person
For example, if Person A punches Person B without their consent to cause harm or injury, this would constitute criminal force.
Similarly, if Person A pours boiling water into a bath where Person B is sitting, intending to cause pain or injury, this also qualifies as criminal force, even though the harm is caused indirectly.
The key difference between criminal force and physical assault lies in intent and actual harm. Criminal force can exist without actual harm, as long as the use of force was intended to cause fear or annoyance.
However, physical assault in Singapore typically involves actual harm inflicted on the victim.
What Is The Punishment For Physical Assault In Singapore?
Penalties for physical assault in Singapore vary depending on the severity of the harm and intent behind the act. Under Section 321 of the Penal Code, voluntarily causing hurt, where minor injuries occur, can result in a fine of up to $5,000, imprisonment of up to 3 years, or both.
For more serious offences, such as aggravated assault in Singapore, where grievous hurt is inflicted or dangerous weapons are used, the penalties increase. Examples of dangerous weapons include:
Instruments for shooting, stabbing, or cutting
Poison or corrosive substances
Fire or heated substances
Explosives
Substances harmful to inhale, swallow, or inject
Animals
In these cases, punishments can range from significant fines to caning or even life imprisonment, depending on the severity of the assault and the degree of harm caused.
Section 352 of the Penal Code addresses the punishment for criminal force. Those convicted may face up to 3 months of imprisonment, a fine of up to S$1,500, or both. However, if the offender acted under “grave and sudden provocation,” a mitigating factor may be considered in sentencing.
For instance, if a person is severely provoked in a situation, leading to an unexpected reaction, the Court may take this into account when determining the sentence.
Factors that could aggravate the penalties for assault charges in Singapore include repeat offences, the use of weapons, and the extent of harm caused. On the other hand, factors like showing remorse or being a first-time offender might lead to a more lenient sentence
What Factors Will The Court Consider When Sentencing?
To determine the appropriate punishment for a physical assault offence, the Court will take into account the following:
- Whether you are remorseful
- Whether the assault was premeditated
- Whether the victim was vulnerable
- Whether you have committed similar offences before
- Whether a weapon was involved
What If I’m A First Time Offender?
For first-time offenders only who plead guilty to Voluntarily Causing Hurt, the Court determines punishment by referring to a sentencing framework that is categorised into different bands based on the intensity of harm
Band 1: Low Harm
Low-harm physical assault cases refer to incidents where the victim sustains minimal injuries, such as minor cuts, bruises, or scratches. In these situations, the harm is often superficial, and the victim does not require medical treatment.
For these cases, the penalties are generally less severe. Offenders may face fines or a short-term prison sentence. The prison term, if imposed, is typically up to 4 weeks. Most often, the punishment involves a fine, especially when the injuries are minimal and there is no lasting harm.
Band 2: Moderate Harm
Moderate harm refers to situations where the victim sustains injuries that require medical attention but are not life-threatening. This may involve short hospital stays or the need for an extended period of medical leave. Examples could include fractures, sprains, or deep cuts that need stitches.
Offenders responsible for physical assault in this band face harsher penalties, including imprisonment ranging from 4 weeks to 6 months. In some cases, the Court may also order the offender to compensate the victim for medical costs or lost income due to time off work.I
Band 3: Serious Harm
Serious harm includes injuries that are life-threatening or cause permanent damage. Examples of grievous harm include severe trauma requiring surgery, permanent disfigurement, or the loss of bodily functions. Victims may require long-term medical treatment or even face lifelong consequences from their injuries.
For these severe cases of physical assault in Singapore, the penalties are much higher. Offenders can be sentenced to imprisonment for a period of 6 months to 2 years, and in some cases, caning may be included as a punishment.
Help! I’ve Been Physically Assaulted. What Can I Do?
If you’ve been a victim of physical assault in Singapore, it’s important to act quickly to protect your rights and ensure the offender is held accountable. Here are the immediate steps you should take:
- Contact the Police: Report the incident to the police as soon as possible. They will record your case, gather details about the assault, and collect evidence of your injuries. Even if the injuries seem minor, having an official report is essential.
- Seek Medical Help: Go to a hospital or clinic for medical treatment, even if your injuries seem minor. A medical report documenting your injuries can be valuable evidence in a legal case and may also help you recover from the physical harm caused.
- Preserve Evidence: Keep any physical evidence related to the assault. This may include torn clothing, objects used in the attack, or anything that could link the attacker to the incident. If you have video recordings or photos of the assault, these can be crucial for the investigation.
- Provide a Statement: When giving your statement to the police, provide as much detail as possible. Describe what happened, the injuries you sustained, and any interactions with the attacker before, during, or after the assault.
The more detailed your statement, the better it will assist in building a case.
If the police decide not to pursue your case, you still have options. You can file a Magistrate’s Complaint to initiate a criminal case against your attacker. This legal process allows you to seek justice even if the authorities do not take direct action.
If you need help understanding your legal options or advice on how to proceed, it is advisable to contact our team of criminal lawyers in Singapore. They can guide you through the process and ensure your rights are fully protected throughout the investigation and any potential legal proceedings.
Conclusion About Physical Assault In Singapore
Work closely with your lawyer to discuss your options and get advice on how to proceed with your case. Our expert criminal lawyers in Singapore are here to ensure you receive the fairest possible outcome, and that your experience in the Courts is as smooth as possible.
For any family law issues, our divorce lawyers in Singapore are also available to assist.
Contact us today for a discussion.
Frequently Asked Questions About Physical Assault In Singapore
How Can I Prevent Being Falsely Accused Of Physical Assault In Singapore?
To avoid false accusations, always avoid physical altercations and document any interactions that may lead to disputes. If an allegation arises, gather any evidence or witness statements that can support your case.
Are Physical Assault Cases In Singapore Always Handled In Criminal Court?
Not always. While many physical assault cases are handled in criminal Courts, less severe cases may be resolved through mediation or civil actions, especially when both parties agree to settle the matter outside of Court.
When Can Physical Assault Lead To Civil Claims In Singapore?
A victim of physical assault in Singapore can file a civil claim for damages if they have suffered physical or emotional harm due to the assault. This is often done to seek compensation for medical expenses or emotional distress.
Can Minors Be Charged With Physical Assault In Singapore?
Yes, minors can be charged with physical assault, but their cases may be handled differently in juvenile Courts, with emphasis on rehabilitation over punishment.
