My Father got into trouble with the law, subordinate court!!
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Section 131 of what?
If you have no idea. Then we also have no idea how to help you.
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after gunna scolding again i finally get the info liao, 131 of bankruptcy act lah! leaving singapore with no permission. the charges are like 10 march= 1 charge, 11 march= 1 charge and so on! so my father got multiple charges to the same offence!
now the question is whether the judge can convict him separately one or not?? Like i sentence you 3 mths to this charge and 6 mths for that charge and so on or not? lastly, will this go to magistrate court or district court?? This one very important!!
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Originally posted by whattodo?:
after gunna scolding again i finally get the info liao, 131 of bankruptcy act lah! leaving singapore with no permission. the charges are like 10 march= 1 charge, 11 march= 1 charge and so on! so my father got multiple charges to the same offence!
now the question is whether the judge can convict him separately one or not?? Like i sentence you 3 mths to this charge and 6 mths for that charge and so on or not? lastly, will this go to magistrate court or district court?? This one very important!!
quite a minor offence, don't think yr dad will be imprisoned at all if he is a first time offender, so don't worry
yes, the court will charge separately.
s.131 of bankruptcy act is a strict liability offence, so it's almost 100% your dad will be found guilty cos all that the prosecution needs is just immigration records against yr father.
but assuming yr dad is bankrupt, and he can't pay the fine... then he might have to go to jail. I'm not too sure about this, might have to check up, I'm not too familiar with bankruptcy law
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alternatively, he can plead defence of 'innocent intent' under s.133, but the burden of proof will lie on your father instead of prosecution. In other words, yr father needs to prove that he did not have the intent to 'defraud'.
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thank you, but what my father is worried about now, he face over 30 charges of 131, he wonder if the judge can judge him separately on the charges - all 30 of them.
because the judge can sentence him to max 2 years max 10000 fine with each charge, then if the judge decides to judge him one by one then can it surpass the maximum punishment or not??
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Originally posted by whattodo?:
thank you, but what my father is worried about now, he face over 30 charges of 131, he wonder if the judge can judge him separately on the charges - all 30 of them.
because the judge can sentence him to max 2 years max 10000 fine with each charge, then if the judge decides to judge him one by one then can it surpass the maximum punishment or not??
Even if we tell you yes or not. You tell the judge the forum people says yes or not.Has no 'Pa geh" with the judge.
30 charges leh. What is maximum punishment?
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Your father how old?
Some age groups are spared the 'maximum punishment'.
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Originally posted by whattodo?:
thank you, but what my father is worried about now, he face over 30 charges of 131, he wonder if the judge can judge him separately on the charges - all 30 of them.
because the judge can sentence him to max 2 years max 10000 fine with each charge, then if the judge decides to judge him one by one then can it surpass the maximum punishment or not??
Please advise your Father to run away to other countries where they don't have extradition treaty with Singapore.Freedom is more valueable than subjecting yourself to the mercy of whatever laws and forced to live like a caged animal.
Maybe he can tell the Judge that he only run away one time and not 30 times, so how can he carry the sentence for 30 times?
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The judge will not want to waste the court's time on multiple charges of the same offence.
When the facts for all the charges are the same he will be charged for one offence, sentenced heavily for it, all the other charges taken into consideration.
His best bet: Plead guilty, act remorseful, look sad, don't argue, just say that he forgot about the need to get permission, apologise.
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Originally posted by mancha:
The judge will not want to waste the court's time on multiple charges of the same offence.
When the facts for all the charges are the same he will be charged for one offence, sentenced heavily for it, all the other charges taken into consideration.
His best bet: Plead guilty, act remorseful, look sad, don't argue, just say that he forgot about the need to get permission, apologise.
Mancha is very right.And if the father is old enough, can claim he is old and forgetful.