Vandalism in Singapore is a significant concern that affects public spaces and private property, leading to strict legal consequences. Understanding what is vandalism is crucial, as it involves defacing or damaging property without permission.
This article explores vandalism in Singapore, explaining what is considered vandalism and examining vandalism examples and cases in Singapore. We’ll also clarify the legal definitions and discuss the punishment for vandalism in Singapore, including the potential vandalism charges one might face.
What Is Considered Vandalism?
In Singapore, the offence of vandalism is defined under the Vandalism Act. This legislation covers a range of activities related to damaging or altering property without the required consent. The Act distinguishes between public and private property, with specific criteria for each type.
The Vandalism Act 1966 defines vandalism as any act that involves stealing, destroying, or damaging property or altering property in ways such as writing, drawing, painting, or marking it without proper authorisation. This can include using spray paint or other indelible substances to deface property.
- Public Property: This term refers to movable or immovable property owned by the Government, statutory bodies, or armed forces lawfully present in Singapore.
Vandalism in Singapore on public property includes acts such as writing, drawing, or posting documents on surfaces like bus stops or public roads without the written authority of an authorised officer. - Private Property: This includes property that is not owned by the Government. Vandalism on private property involves altering the property, such as painting or marking surfaces, without the property owner’s written consent. Actions such as vandalising cars or defacing personal buildings fall into this category.
The Act outlines two main categories of offences related to public property:
- Alteration: Involves writing, drawing, or marking without consent.
- Damage: Involves stealing, destroying, or damaging property.
For private property, vandalism primarily involves alteration without the property owner’s written consent. Physical damage, such as breaking windows or defacing buildings, typically falls under offences other than the Vandalism Act.
Vandalism Examples
According to Section 2 of the Vandalism Act in Singapore, “act of vandalism” means:
- Graffiti: Graffiti, often using spray paint, is a common form of vandalism. This Act involves writing or drawing on public or private property without permission.
Under the Vandalism Act, such acts can result in severe penalties, including strokes of the cane and fines, especially if the offence involves subsequent convictions. The High Court may impose exemplary punishment for significant cases. - Without The Written Authority Of An Authorised Officer: This can be the representative of the Government or of the Government of any Commonwealth or foreign country.
This can also be any statutory body or authority or of any armed force lawfully present in Singapore in the case of public property, or without the written consent of the owner or occupier in the case of private property. - Writing, drawing, painting, marking or inscribing on any public property or private property, including any word, slogan, caricature, drawing, mark, symbol, or other thing. [Section 2(a)(i)]
- Affixing, posting up or displaying on any public or private property any poster, placard, advertisement, bill, notice, paper or other document. [Section 2(a)(ii)]
- Hanging, suspending, hoisting, affixing or displaying on or from any public property or private property any flag, bunting, standard, banner or the like with any word, slogan, caricature, drawing, mark, symbol or other thing. [Section 2(a)(iii)]
- Stealing, destroying or damaging any public property.
How The Prosecution Decides Which Vandalism Charges To Prefer
When deciding which vandalism charges to pursue, prosecutors consider several key factors to ensure that the charges align with the severity of the damage and the offender’s intent. Here’s an overview of the key aspects involved in this decision-making process:
- Severity of the Damage: They assess the extent of the damage caused by the vandalism. For instance, defacing a public monument might be treated more seriously than minor graffiti on a less significant surface. The more severe the damage, the more likely it is that the prosecution will pursue more serious charges.
- Offender’s Intent: The intent behind the vandalism is crucial. If the Act was premeditated or carried out with malicious intent, it might lead to more severe charges. Conversely, if the vandalism appears to be a result of impulsive or misguided behaviour, the charges might be less severe.
- Previous Convictions: The offender’s history is also considered. Repeat offenders, especially those with prior vandalism convictions, will likely face stricter charges and penalties than first-time offenders.
Role Of Evidence
- Witness Statements: Statements from witnesses who observed the vandalism can play a significant role in determining the charges. Witnesses can provide crucial details about the nature of the Act and the identity of the offender.
- Surveillance Footage: Video footage from security cameras or other sources can offer clear evidence of the vandalism. This footage helps establish the facts of the case, such as the time, place, and manner of the offence, and can significantly impact the charges preferred.
- Forensic Evidence: In some cases, forensic evidence such as fingerprints or DNA can link an offender to the crime scene. This type of evidence is critical in proving the offender’s involvement and determining the appropriate charges.
Judicial Discretion
Judicial discretion plays a role in how charges are ultimately decided. Judges have the authority to interpret the law and decide on the charges based on the specific circumstances of each case.
This means that similar cases can result in different charges depending on various factors, including the evidence presented and the judge’s assessment of the situation.
For instance, similar charges might be pursued if a case closely resembles a past case where a particular charge was preferred. However, judicial discretion allows for adjustments based on the unique aspects of each case, ensuring that the charges are proportionate to the offence committed.
Vandalism Cases In Singapore
Vandalism cases in Singapore often make headlines due to their impact on public property and the legal consequences involved. Here are some notable cases that highlight the range of vandalism offences and the legal outcomes associated with them.
North Buona Vista Drive Vandalism Case
In August 2023, a 51-year-old man was arrested for vandalising public property along North Buona Vista Drive. On August 8 2023, police were alerted to two instances of graffiti, where walls at a building and an underpass were spray-painted with black paint.
The suspect reportedly changed his attire to avoid detection. Following investigations with the help of police cameras, the man was identified and arrested on August 17 2023.
He faced charges under Section 3 of the Vandalism Act 1966, which included a potential imprisonment term of up to three years, a fine of up to S$2,000, and caning with a minimum of three strokes and a maximum of eight strokes.
Ng Chye Huay Case
Ng displayed placards and hung banners with messages about Falun Gong and its persecution by the Chinese Government at various public locations, including the Esplanade Bridge and People’s Park Complex.
These acts were carried out without the written authority of an authorised officer. Ng was convicted of six charges of vandalism under Section 3 of the Vandalism Act and fined the maximum penalty of S$2,000 per charge, totalling S$12,000.
Samantha Lo Vandalism Case
On May 12 2013, Samantha Lo, also known as the “Sticker Lady,” and her accomplice committed acts of vandalism by spray-painting “My Grandfather Road” and “My Grandfather Building” on roads and walls around Singapore.
They also pasted stickers on traffic light control buttons. Lo was charged with seven counts of mischief under Sections 426 and 427 of the Penal Code, while her accomplice faced charges of abetting and mischief.
Considering the level of seriousness and cooperation during the investigation, Lo was sentenced to 240 hours of community service, while her accomplice received 160 hours. Both were also required to report regularly for counselling sessions and compensate for the costs of removing the paint.
Michael Peter Fay Case
In March 1994, American teenager Michael Peter Fay attracted significant media attention after being sentenced to six strokes of the cane for vandalising 18 cars over a ten-day period in September 1993. Fay’s case drew international scrutiny, with US President Bill Clinton intervening, deeming the punishment too harsh.
Fay was arrested for possessing stolen items, including state flags and road signs, and charged with 45 counts of vandalism, 6 counts of mischief, and several other offences.
On March 3 1994, he was sentenced to four months in jail, six strokes of the cane, and fined S$3,500. The remaining charges were either dismissed or taken into consideration during sentencing.
Other Vandalism-Related Offences In Singapore
In Singapore, vandalism-related offences can intersect with other types of criminal activities, depending on the nature and location of the Act. These related offences can sometimes attract additional charges or penalties. Here’s an overview of some of these related offences:
Trespass
Trespass involves unlawfully entering someone else’s property without permission. Under Section 411 of the Penal Code, trespassing occurs when a person enters private property without the owner’s written consent.
This offence is separate from vandalism but can overlap if the trespasser damages or defaces property during the Act.
Injuring Or Defiling A Place Of Worship
If vandalism occurs at a place of worship with the intent to insult the religion of any class, it can be prosecuted under Section 298 of the Penal Code.
This Section addresses acts that defile or injure religious sites, which is considered a serious offence due to its impact on communal harmony and respect for religious practices.
Wounding Racial Or Religious Feelings
Section 298 of the Penal Code covers acts that wound racial or religious feelings. If vandalism includes messages or symbols intended to offend or insult based on race or religion, it can lead to charges under this Section. This offence addresses actions that could harm societal harmony and provoke communal tensions.
Promoting Enmity Between Groups
Under Section 298A of the Penal Code, promoting enmity between different racial or religious groups or performing acts prejudicial to maintaining harmony is a serious offence. Vandalism that aims to incite conflict or division among communities may fall under this Section, leading to severe legal consequences.
Making Excessive Noise
Excessive noise can sometimes overlap with vandalism if it disturbs the public peace. Section 14 of the Miscellaneous Offences (Public Order and Nuisance) Act (MOA) addresses this issue.
If vandalism involves creating significant noise, such as using loud equipment or engaging in disruptive behaviour, it can result in charges related to public order violations.
Compensation And Repair
Offenders convicted of vandalism-related crimes are often required to compensate victims or repair the damage they caused.
This can include financial restitution for the cost of cleaning or repairing defaced property. In some cases, offenders might be ordered to pay for damages as part of their sentence or settlement.
Punishment For Vandalism In Singapore
In Singapore, the punishment for vandalism is clearly defined under the Vandalism Act 1966. The Act specifies penalties for various acts of vandalism, including fines, imprisonment, and caning, depending on the severity of the offence and prior convictions.
Range Of Penalties
According to Section 3 of the Vandalism Act 1966, notwithstanding the provisions of any other written law, any person who commits any act of vandalism or attempts to do any such act or causes any such act to be done shall be guilty of an offence and shall be liable on conviction to
- Fines: Up to $2,000.
- Imprisonment: Up to three years.
- Caning: Subject to Sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished with caning with not less than 3 strokes and not more than 8 strokes;
“Except that the punishment of caning shall not be imposed on a first conviction under this Act in the case of any act falling within the definition of “act of vandalism” in Section 2(a)(i) of the Vandalism Act if the writing, drawing, mark or inscription is done with pencil, crayon, chalk or other delible substance or thing and not with paint, tar or other indelible substance or thing or Section 2(a)(ii)(iii) of the Vandalism Act.”
For a first conviction, caning is not applied if the vandalism involves a delible substance like a pencil or chalk.
However, for more severe vandalism involving indelible substances, the Court may impose corporal punishment along with fines or imprisonment. Repeat offenders, especially those with second or subsequent convictions, face more severe penalties.
- Corporal Punishment: For severe cases of vandalising public property or stolen property, the Court may impose caning. The number of strokes of the cane can range from three to eight, depending on the seriousness of the Act of vandalism.
- Imprisonment: Those convicted of serious vandalism may face longer jail terms. For instance, a person convicted of multiple acts of vandalism or vandalising high-value property might receive a jail term of up to seven months.
Children and young persons, below 16 years of age, may be subject to the Children And Young Persons Act, which can affect the type of punishment imposed.
Determining Sentences
The Courts use several factors to determine sentences for vandalism:
- Extent of Damage: The extent of the damage or defacement, such as damaging public property or defacing property, plays a significant role. More severe damage results in harsher penalties.
- Prior Convictions: Those with a history of vandalism face stricter penalties. For a first conviction, the Court may impose lighter sentences compared to subsequent convictions, which can lead to more severe repercussions.
- Intent and Circumstances: Courts consider whether the vandalism was premeditated, involved gang-related activities, or was racially motivated. Factors like these can increase the severity of the punishment.
- Mitigating Factors: Factors that might reduce the severity of the sentence include low-value property, minimal damage, and cooperation with the authorities. Offenders who have made restitution for the damage or pleaded guilty may also receive lighter sentences.
- Special Provisions: For juvenile offenders or young persons, the Children And Young Persons Act may apply, potentially leading to different types of rehabilitation measures instead of severe penalties.
Arrest And Bail
Under Section 6 of the Vandalism Act, vandalism is an arrestable offence. This means the police can arrest suspects without a warrant if they are caught in the Act, such as a man arrested with spray paint at the scene of graffiti.
Once arrested, suspects cannot be released on bail unless authorised by the police or Court. The Act also allows for the seizure of items related to the offence, such as spray paint or other materials used in the vandalism.
Conclusion On What Is Vandalism
Vandalism in Singapore is a serious offence with severe consequences. The Vandalism Act defines various acts, from defacing property to damaging public property, and outlines strict penalties, including fines, imprisonment, and caning.
Examples of such an offence include spray-painting walls, scratching cars, or tampering with stolen public property. The legal proceedings for offences relating to vandalism are rigorous, with the High Court often involved in more severe cases, particularly when there are second or subsequent convictions.
If you or someone you know is facing charges under the Vandalism Act or other criminal offences, it’s essential to seek expert legal advice. Tembusu Law, one of the best criminal lawyers in Singapore, offers comprehensive legal support to individuals and corporate entities accused of criminal activities.
Our experienced lawyers are adept at handling various cases, including general and regulatory offences, complex corporate crimes, and more.
At Tembusu Law, we understand the complexities of the criminal justice system in Singapore. Our Criminal Defence Lawyers are committed to protecting your legal, business, and strategic interests, offering you the best possible defence throughout your case.
Whether you’re dealing with a vandalism charge or any other criminal matter, you can rely on us to be dynamic, discerning, and decisive in our approach.
Contact us today for a free consultation, and let our dedicated team guide you through every step of your case.
Frequently Asked Questions On What Is Vandalism
Can Someone Be Charged With Vandalism For Accidental Damage In Singapore?
In Singapore, vandalism charges typically apply to intentional acts of defacement or damage to property. Accidental damage, while still a civil matter, usually does not result in criminal vandalism charges.
However, the circumstances surrounding the incident will be thoroughly investigated, and if there is any indication of negligence or recklessness, other legal consequences might arise.
When Does Vandalism Become A Criminal Offence In Singapore?
Vandalism in Singapore becomes a criminal offence when an individual intentionally defaces, damages, or destroys public or private property without permission. This includes actions such as spray painting, scratching surfaces, or pasting posters without authorisation.
The Vandalism Act strictly prohibits these acts, and offenders can face severe penalties, including fines, imprisonment, or caning, depending on the severity of the offence and whether it is a repeat violation.
Is There A Statute Of Limitations For Vandalism Charges In Singapore?
In Singapore, most criminal offences, including vandalism, do not have a specific statute of limitations, meaning that charges can be brought against an individual at any time after the offence is committed.
However, practical considerations such as the availability of evidence and witnesses can impact the likelihood of prosecution as time passes. It’s essential for both victims and offenders to be aware that the absence of a statute of limitations means legal action can be pursued even years after the Act of vandalism.
Can The Owner Of The Vandalised Property Seek Compensation In Singapore?
Yes, the owner of the vandalised property in Singapore can seek compensation. This is usually done through civil litigation, where the property owner may file a claim for damages against the individual responsible for the vandalism.
The compensation can cover the costs of repairing or restoring the property to its original condition. In some cases, additional damages may be awarded for any inconvenience or losses suffered due to the Act of vandalism.
