my father is charge for consumption(0.09 gram i think) and possession of drug(he fren ask him to hold and e package is small)..he might b jail 2 years n below..he admit wat he done and just wan lower the sentences..how can we do it?..we cant afford a lawyer..do we write a letter to judge or attorney of chambers?..his court date is near..pls help me any kind soul:`(
reduce sentence based on what?
Legal Assistance (Pro-Bono/ Free)
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Criminal Justice Division's Online Help Centre
1. http://app.subcourts.gov.sg/criminal/page.aspx?pageid=64541
2. http://app.subcourts.gov.sg/subcourts/page.aspx?pageid=77220
See your Member of Parliament (MP) at Meet-the-People Session (MPS)
Drug got many kind........
Anti-biotic also a kind of drug.........
TS, does you and your sibilings(if any) and mom are 100% dependant on your dad? based on this think can mitigate to lower sentence.
Does he have ANY police record throughout his life? if dun have judge may pang a bit of chance.
Lastly, is your dad a known supporter of opposition parites?if closet, then nvm. Why i ask this? After all u see our court is known as K***** court.
1)i mean reduce sentence 2 year to 1 year etc
2)i cant afford a lawyer fren
3)my father take heroin
Originally posted by SAR-21:2)i cant afford a lawyer
posts 9.59 and 10.07?
and 10.12
Legal Assistance (Pro-Bono/ Free)
3. safra.sg/en/Join/SAFRA-Membership/Member-Services/Free-Legal-Advice.aspx
4. www.pa.gov.sg/services/legal-advice-at-CCs.html
Criminal Justice Division's Online Help Centre
1. http://app.subcourts.gov.sg/criminal/page.aspx?pageid=64541
2. http://app.subcourts.gov.sg/subcourts/page.aspx?pageid=77220
See your Member of Parliament (MP) at Meet-the-People Session (MPS)
What is Mitigation ?
A plea in mitigation is when you state facts tending to reduce the sentence and/or ask the court to be lenient when imposing sentence. You should state specific reasons for the Court to impose a lighter sentence than it normally would. For example, family background, educational qualification, medical history, employment history and relevant factors which gave rise to the offence.
In delivering your mitigation plea, you should strive to be:
1 Persuasive. A mitigation plea is an exercise in persuasion rather than a defence or statement of a position. This involves:
a Knowing the purpose – Being clear on the desired outcome, keeping your mind squarely on it and marshalling your presentation in court in that direction.
b Knowing the argument – A complete mastery of the argument to support the outcome. Be able to demonstrate that the desired outcome is in accordance with sentencing principles. Preparation breeds confidence.
c Knowing the court – Endeavour to know the court in order to anticipate how it will react to your arguments. Judges and magistrates are human too. You should try to understand the background, personality and previous decisions of the judge. Appreciate that the sentencing process involves emotions as well as the intellect of the judge. The key to persuasion is to create a belief in the decision-maker that the desired outcome is something the decision-maker thought of himself.
d Communicating with the court – Effective communication is essential to persuasion.
i Be brief. You should not fall into the temptation of prolonging a performance for the sake of making your client feel that his counsel is doing his utmost.
ii Use short sentences over convoluted ones and plain words over legalese. Be descriptive and expressive, make use of metaphors and create mental images for the court.
iii Engage the court in conversation. Do not give a speech or lecture. If written submissions were tendered earlier, the judge will have read them. Summarise the key points and avoid reading from the written submissions.
iv Make a reasoned appeal to emotions. Humanise rather than de-personalise. Refer to your client by his name as opposed to ‘the accused’. Speak of your client as a human being, with dreams, hopes and aspirations, not just another criminal. Paint a picture, tell a story, to aid the court in identifying and sympathising with your client.
v Welcome questions from the court as they indicate the court’s concerns. Anticipate such questions and be prepared to address them.
2 Balanced. Be prepared to acknowledge and deal with the weaknesses of your case. These may need to be stated and dealt with in a positive way. Do not leave weaknesses for the prosecution or the court to undermine your arguments. If sufficient thought had been applied, conflicting arguments can be anticipated and some consideration could be given to neutralising or diminishing the damage.
3 Bold. If your client’s case contains special mitigating factors, you need to show the court why these merit a departure from the established sentencing benchmarks, if appropriate. Changes can be achieved with creative and courageous advocacy. In appropriate cases, it may well be your responsibility to:
a augment the court’s understanding and acceptance of new learning from other fields and of changing social circumstances and attitudes; and
b urge the court to re-look at precedents and/or extend previously accepted limits.
To be bold is not to be extreme, impractical or controversial for its own sake. It means to strive to be fresh and interesting, to persistently and competently present a novel approach that is reasoned and supported by evidence.
Perhaps more than any other form of advocacy, the way in which you present a mitigation plea is of great importance. It is to be expected that there is a natural sympathy for an accused, whatever offence he has committed, when he stands to be sentenced and a corresponding eagerness to hear what can be said on his behalf. Conceivably, judges who are subjected to clichés or daily ‘standard’ performances will be more receptive to and appreciative of a counsel who puts in a genuine effort in sizing up the court’s concerns and in articulating appropriate, imaginative and sensible sentences that would serve both the client’s and society’s interests.
A mitigation plea requires thorough preparation and attention to details. The following five steps should be considered when preparing a plea.
Step one: Ascertain the sentencing options
To begin with, ascertain the court’s possible sentencing powers and options. For example:
1 Whether a minimum sentence is prescribed for the offence?
2 Whether a custodial sentence is mandatory?
3 Whether driving disqualification, caning, probation, reformative training, preventive detention or corrective training are applicable?
Step two: Consider the relevant factors
You should then critically assess the information you have gleaned from the prosecution (such as the Charge, the First Information Report, the Cautioned Statement, Statement of Facts, if available); and instructions taken from your client so as to ascertain the relevant aggravating and mitigating factors.
When preparing the mitigation plea, you should seek to: (i) highlight the salient mitigating factors; and (ii) soften the adverse impact of the aggravating factors.
Mitigating factors can generally be divided into two broad categories:
1 specific mitigating factors; and
2 personal mitigating factors.
Specific mitigating factors would be those which would reduce the seriousness of the particular offence committed. These include factors like minor loss or detriment suffered by victim, subordinate role of the accused, provocation received from the victim etc. Obviously, the list of specific mitigating factors is wide-ranging. A more comprehensive treatment of such mitigating factors can be found in Sentencing Practice in the Subordinate Courts where the factors are considered alongside the specific offences they relate to.
Personal mitigating factors would be those peculiar to the accused which would merit leniency. The following list of mitigating factors is non-exhaustive and would depend on the particular idiosyncrasies of the accused and the particular circumstances of each case:
1 The accused’s background and attitude. Here, you are looking for circumstances which might: (i) explain your client’s offence (eg childhood, family, upbringing, lack of education etc); or (ii) demonstrate his past good character to prove that the present offence is an aberration of conduct. The court is interested to know whether your client is genuinely contrite, whether he is willing to make amends, and whether he is likely to re-offend.
2 The accused’s previous good character.
a First-time offender. Note that generally, more credit is given to positive evidence of an accused’s good character as opposed to the absence of prior convictions.8
b Worthy social contributions or distinguished public service. Courts have been known to give credit to accused persons for distinguished public service or services to the community.9
3 The accused’s behaviour subsequent to offence.
a Plea of guilt. A timeous plea of guilt suggests genuine remorse and is a mitigating factor.10
b Co-operation with authorities. Voluntary surrender, co-operation with the police or prosecution may afford a reason for mitigation of sentence.11
c Restitution. Voluntary restitution may be suggestive of remorse, good character or reformation.12
d Generosity. The fact that the accused had been generous with the proceeds of his crime is irrelevant and not a legitimate mitigating factor.13
4 The accused’s age.
a Young offenders. Accused persons below the age of 21 with no antecedents are usually dealt with sympathetically bearing in mind the potential for rehabilitation. Imprisonment is usually a sentencing option of last recourse, and is generally reserved for cases where the offence is serious, or where the offender has shown himself to be unresponsive to earlier efforts at rehabilitation.14
b Elderly accused. There is no general rule mandating the giving of discounts for offenders of mature years, save in exceptional cases.15
5 The accused’s physiological condition.
a Ill-health. Ill-health of the accused may in exceptional circumstances be a ground for reducing sentence.16
b Mental condition. The fact that the accused is suffering from a mental disorder is relevant but its bearing would depend on the circumstances of each case.17 In the context of intellectually disabled offenders, it should be noted that these persons are not treated differently for the purposes of sentencing, but are instead punished in like manner as other offenders. Similarly, the appropriate sentence to be passed would necessarily turn on the factual matrix of each case.18
c Pregnancy. Pregnancy typically would not justify a reduction in sentence.19 However, in exceptional cases where the offence is not very serious, you may attempt to persuade the court why it should do so as an act of mercy.
6 The circumstances that led to the accused committing the offence.
a Financial hardship. Save for very exceptional or extreme circumstances, financial hardship cannot be relied upon as a mitigating factor.20
b Intoxication. Voluntary ingestion is not a mitigating factor.21 For violent or serious offences, voluntarily intoxication may even be considered an aggravating factor. However, exceptionally, if it can be demonstrated that the intoxication was involuntary or out of character, you may attempt to persuade the court why it should be treated as a mitigating factor.
c Drug or alcohol addiction. The fact that the accused committed the offence to feed an addiction is of no 
mitigation value.22
d Entrapment. Entrapment is relevant where the conduct of the agent provocateur induced the commission of the offence, which the accused would not have committed or would have been unlikely to commit.23
e Ignorance of the law. Ignorance of the law is not a mitigating factor.24 An argument could perhaps be made that in an offence that contains little or no moral blame, if the accused commits the offence unwittingly, ignorance of the law should be treated as mitigatory.25
f Other circumstances. It goes without saying that the possible circumstances that could lead an accused to commit an offence are limitless and it is pointless to generalise, save to say that you should ascertain if there was any immediate crisis or extraordinary circumstances in your client’s life that caused him to commit the 
particular offence.
7 The likely effect of the sentence on the accused or his family.
a The accused’s work record and work prospects. In exceptional circumstances, loss of employment or a career are part of the circumstances the courts take into account in assessing sentence.26 The weight attached would depend on the circumstances.
b Hardship to the accused’s family. Hardship to the accused’s family is not normally a legitimate mitigating factor.27 However, in exceptional or extreme circumstances, such hardship may be taken into account.28
8 Time the accused spent in custody. The court may take into account any period the accused has been in remand when determining the length of an imprisonment term.29 The court’s discretion extends to considering the period of time that the accused has been in custody overseas, pending extradition.30
9 Delay in prosecution. Delay in prosecution in itself is not a mitigating factor but in appropriate cases, where the delay has been significant and where the accused did not add to the delay, the court may exercise its discretion in giving a reduced sentence.31
You should face up to the aggravating factors and weaknesses in your client’s case. It will be unwise to pass them by as though they did not exist because they will not disappear. You must be prepared to deal with them as best as you can, as they are likely to be weighing on the mind of the court. To achieve this, you should be familiar with the sentencing principles of deterrence, prevention and retribution,32 and be able to address the public policy considerations relating to your client’s offence. Additionally, if you give your client’s case due consideration, aggravating factors often can be balanced off or negated when weighed against other mitigating factors. It is your task to see that the balance achieved is the most favourable that your client can reasonably expect in the circumstances. A distinction should be drawn between ‘aggravating factors’ and features which are part and parcel of an ‘aggravated offence’ eg use of weapons, hurt 
caused etc.33
The following is a checklist of some matters you should consider when taking your client’s instructions and in your preparation of the mitigation plea:
Charge
The offender may face one or several charges and it is relevant to know if there has been reduction in the charge or if any charges are withdrawn or being taken into consideration for the purposes of sentencing.
Circumstances
The particulars in each case will vary and there is no set recipe for what is mitigating but attention should generally be given to the level of pre-meditation, type of mens rea, degree of 
culpability involved.
Consequences
The offence will often be regarded in the context of the consequences of the offender’s criminal act and it is useful to highlight facts that can mitigate the result or impact of the offence eg minor injury, low value, small quantity.
Remorse
There is no meter to measure the regret of an offender and any act that can be used to gauge genuine repentance will be of assistance eg co-operation with police, admission of guilt, full restitution.
Psychiatric
The presence of any psychiatric condition is always relevant because an offender suffering from any genuine illness that would compromise or impair judgment should not be held accountable to the same standard as another offender.
Medical
While the medical condition of an offender does not excuse any criminal act, the fact that your client already suffers from a physical or physiological illness is relevant in so far as it adds to the personal background of the offender.
Profile
This is your opportunity to present the personality and character of your client so that he/she is not regarded as a mere charge number or NRIC number and this is done by outlining the age, family, educational and professional background of the offender.
Antecedents
The presence of previous convictions must be determined since you do not get a copy of your client’s record from the CRO and conversely, the absence of any antecedent must be confirmed so as to be highlighted.
Sentence
The offender may not know the possible sentencing options and so, part of your duty is to explain these options (eg probation, reformative training, corrective training, preventive detention etc) and elicit a position to present to the court.
Miscellaneous
Details (eg time spent in custody/remand, the sentence imposed on an accomplice, whether the accomplice has any antecedents, and the position on exhibits seized) should be clarified so as to present your client’s instructions
to the court.
Step three: Contemplate the desirability of additional materials or witnesses
You should also address your mind to the desirability of: (i) obtaining additional or supporting materials (eg testimonials, awards, school report cards, medical reports, psychiatric assessments etc); (ii) calling character witnesses; and/or (iii) inviting the court to call for a pre-sentence report for your client during mitigation to corroborate the mitigating factors that you intend to raise. You should obtain the additional materials expeditiously, well in advance of the date on which the plea in mitigation is to be made.
Generally, character evidence in the form of relevant written testimonials will suffice. A really good character witness can sometimes do more for your client than your eloquence and argument. However, a character witness should never be called before you have had the opportunity to size up his usefulness and reliability. You should interview the witness to: (i) ensure that he supports the argument you intend to make; and (ii) assess the impression he is likely to make to the court.
Step four: Assess the likely penalties
After attending to the above, you should then consider the sentencing precedents and make a realistic assessment of the likely penalties that the court might impose for the offence in question, bearing in mind the aggravating and mitigating factors peculiar to your client’s case. Veteran counsel often rely on their familiarity with sentencing ‘benchmarks’ or trends, and past experiences with the sentencing judge. Less experienced counsel are advised to draw upon such experience of their brethren. Additionally, ready and invaluable sources of such information are Sentencing Practice in the Subordinate Courts, jointly published by the Subordinate Courts and LexisNexis, and ‘Results of Magistrate’s Appeals Database’ which is part of the ‘Legal Workbench’, the online research database accessible via www.lawnet.org.sg.
Having ascertained the likely penalty, you should then discuss this with your client candidly and obtain his approval to submit on the ideal penalty (or range) for the court’s consideration.
Step five: Conceptualise and structure a compelling argument
Once you have realistically appraised the sentencing options, are conversant with the factual circumstances of the case, and have determined the ideal penalty (or range) in the light of sentencing precedents, your final task is to cast the information gathered into a reasoned and coherent argument for the court’s consideration.
As in any other forms of advocacy, you should seek to advance a compelling argument in your mitigation plea, one that would make the court feel intellectually uneasy in rejecting.
In crafting the argument, you should bear in mind to the following Do’s and Don’ts.
DO be:
1 Selective. Be discerning in deciding whether a point is worth making or whether its downside outweighs its potential benefit. Advance only those points which:
a are cogent and persuasive;
b can be demonstrated as actually bearing upon the offence your client has committed; and
c support the plea that he should be dealt with in a certain way.
Whilst it is your responsibility to highlight to the court the relevant guideline judgments and sentencing precedents, you should be selective when citing sentencing authorities as most cases turn on their own facts.34
2 Reasoned. Any points made must be dictated by logic. Avoid the irrelevant, the sentimental and the absurd.
3 Accurate. Ensure that the facts are accurate and deductions from them trustworthy. Never make an assertion that cannot be supported by reference to evidentiary material.
4 Original. Be mindful that the court would have previously heard countless mitigation pleas. Avoid clichés. Search for an original, attractive and interesting approach.
5 Clear. Suggest to the court the desired outcome. There is no reason why this cannot be done. In fact, the court welcomes such submissions, provided that it is done tactfully and rationally. If you are able to suggest a realistic sentence that the court eventually accepts, you would have discharged your duty to your client and would have been of assistance to the court.
6 Realistic. For instance, it is probably quite pointless asking for probation if your client had re-offended whilst on probation or had previously served a jail term.
DON’T be:
1 Equivocal. Be careful not to qualify the accused’s plea of guilt by disputing the mens rea and actus reus of the offence. Do not appear to be implying that the accused is not responsible for the offence.35
2 Scandalous. Desist from making allegations that are scandalous or calculated to vilify or insult 
any person.36
Preparing written submissions
You should prepare your mitigation plea in writing. This is because written submissions will:
1 save the court’s time in recording the plea in mitigation in long hand;
2 afford the court ample opportunity to evaluate the arguments; and
3 put the arguments on record.
You can structure your arguments under topical headings. A possible arrangement could be as follows:
1 Your client’s family and background. Here, your client is presented as a human being and not just 
another criminal.
2 Background facts to the offence. You should focus on highlighting additional facts that give the court a better understanding of the circumstances surrounding the offence while taking care not to make claims that are inconsistent with the Statement of Facts (for example, in a case of rioting, claiming that your client did not assault the victim when the Facts state that he did). This also should not be a repetition of the Statement of Facts. You may introduce the related specific mitigating factors under this heading.
3 The mitigating factors. This is where the personal mitigating factors relevant to your client 
are introduced.
4 The prayer. This is where you can conclude by showing the court ‘the way home’.
The importance of making a reasoned argument cannot be over-emphasised. The crucial point to note, in preparing written submissions, is that the facts should always be subordinate to a cogent argument. The written submissions should never be a pigeon-holing exercise, where facts are simply arranged under topical headings as a series of assertions unsupported by reasons.
If you have taken pains to base your written submissions on a realistic appraisal of the facts, as well as sentencing principles and precedents, the court will have to give due consideration to the cogency of your arguments.
The role of the defence counsel in mitigation
Whether an accused pleads guilty or is found guilty after a trial, he is entitled to make, or have made on his behalf, a plea in mitigation before sentence is passed. A plea in mitigation is made in the majority of criminal cases. A well-crafted plea in mitigation, eloquently delivered, may make all the difference between prison and a non-custodial sentence.
As defence counsel, your role in the delivery of a plea in mitigation, like in all other matters, is to safeguard and advance your client’s interest. Your duty is to see that all relevant factors on the question of sentence are
brought to the attention of the court.1
As an officer of the court, you have an obligation to ensure that you do not mislead the court2 or squander the court’s time.3 Having said that, where a client has previous convictions and the prosecution omits to put the record before the court, you are under no duty to make disclosure of the same, save that you must not assert that the client has no antecedents or direct questions to the prosecution in the hope of receiving an answer to that effect.4
The plea in mitigation and its objectives
A mitigating factor is something which an accused should be given credit for in determining the sentence.5 The aims in making a plea in mitigation are to:
1 obtain for your client the least punishment reasonably available in all the circumstances, consistent with justice; and
2 persuade and assist the court to find the most appropriate form of sentence for your client.
The effective plea in mitigation
In achieving the above aims, both the preparation and delivery of the plea in mitigation are important. A good plea in mitigation is not simply a presentation to the court of the factual background surrounding the offence, some mitigating factors about the accused and the offence, followed by a request for compassion and leniency. Although these would naturally form the basic framework of a plea in mitigation, a lot more thinking has to go into it. An effective plea in mitigation must be meticulously prepared, as well as logically and boldly delivered as a reasoned argument directed to achieve a specific result.
When to make a plea in mitigation
The foregoing assumes that a plea in mitigation should be made in its fullest measure, which is the norm. There may, however, be instances where a plea in mitigation should be made only in a limited fashion (eg where an appeal is contemplated pursuant to a conviction after trial), or in some rare occasions, should not go beyond a rudimentary plea for leniency. Needless to say, one should scrupulously consider the facts and circumstances before settling on such courses of action. Where an accused is represented, the court need only invite the defence counsel to make a plea in mitigation, although it is not duty-bound to do so.6 If you decline, the court is not obliged to seek out any circumstance of mitigation.7 The court has no duty to defend the accused, and thus it is not obliged to assist the accused in presenting his case.
Preparation
Preliminary
As in all forms of advocacy, good preparation is the foundation of success. The pre-mitigation plea preparation is considerably more important than the form the plea takes.
To prepare an effective mitigation plea, you should begin with the end in mind. That is to say, you only begin to craft the plea when the outcome you are endeavouring to achieve is plain to you, whether it is probation for a youthful accused or a non-custodial sentence for a first-time offender. In this regard, consider:
1 What is the most appropriate sentence based on a realistic assessment of the sentencing options and principles?
2 What facts have to be established (or negated) to achieve such a result?
A complete knowledge of the court’s sentencing powers, the likely penalties for the offence (sentencing precedents), the facts of the case, and your client’s background are essential for a purposeful and effective mitigation plea.
Upon accepting a brief to mitigate and being apprised of the charge(s) against your client, you need to take full instructions from your client in respect of each charge so as to be able to advise your client appropriately.
It is always important to bear in mind that the objective of a mitigation plea is to seek leniency and instructions that qualify the plea should be explained to the offender. In the event that he maintains his instructions, the appropriate course of action would be to claim trial.
Successful pro bono cases in Singapore
PRO BONO: Lawyers R. Thrumurgan and Mr Abraham Vergis worked for their clients for free. -TNP
Mon, Feb 18, 2013
The New Paper
SINGAPORE - Mr R. Thrumurgan was assigned by the Supreme Court's Legal Assistance Scheme for Capital Offences (Lasco) to Ismil Kadar's case on a pro bono basis in November 2005.
Ismil and his brother Muhamad Kadar had been found guilty in the 2005 killing of Madam Tham Weng Kuen, 69, while robbing her at home.
Mr Thrumurgan spent five years working on the case, which led to the acquittal in 2011.
Mr Thrumurgan also represented Thai national Phuthita Somchit, who faced a capital charge for trafficking in more than 60g of heroin, on a pro bono basis.
Somchit, 35, was said to have known that she knew she was dealing in drugs, but did not know it was heroin.
The High Court believed her and her charge was reduced to trafficking in less than 14.99g of heroin.
She pleaded guilty and was sentenced to nine years in jail in 2010, escaping the gallows.
In 2008, an ex-teacher, Mr William Ding, was acquitted after he appealed against his conviction for molesting two children.
His lawyer for the three-year ordeal, Senior Counsel Engelin Teh, waived her fees after the first few months of the trial and acted pro bono for him.
His trial at the Subordinate Court lasted 80 days, spread over a nine-month period. The legal fees came up to about $500,000.
In 2010, Mr Abraham Vergis handled pro bono the acquittal of Yunani Abdul Hamid, who had previously pleaded guilty to drug trafficking and was sentenced to nine years' jail and six strokes of the cane.
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go find MP la. the best