skyleon
14-10-2017, 09:25 AM
Judge explains why he jailed man who beat up teen to get confession
K. C. VIJAYAN, THE STRAITS TIMES
Oct 14, 2017 06:00 am
A law that makes it an offence for the police to use torture to extract confessions can be used on others who employ such methods, including vigilantes.
Explaining why he jailed a 42-year-old man for 15 months after he had tied up a teen and beat him to wring a confession out of him, District Judge Kenneth Yap referred to a High Court precedent from 21 years ago that involved a similar beating by three cops.
The High Court had said, then, that the main aim of the relevant Section 330 of the Penal Code was to prevent torture by the police, but it also said a benchmark two-year jail sentence may be appropriate where non-law enforcement officers were involved, other factors being considered.
District Judge Yap said the offender, whose name was redacted, should not be treated any more leniently just because he had acted upon a mistaken belief that his victim had hacked his phone when he restrained and beat him up.
"He had taken calculated steps to extract a confession in open violation of the criminal process, and should be punished in the same measure as any vigilante or abusive law enforcement officer," the judge said in grounds issued on Monday.
The man was sentenced last month after he admitted to tying up and assaulting the boy into a confession.
An additional charge of wrongfully confining the teen in his Tampines flat for almost two hours on Nov 18 last year was taken into consideration for sentencing.
SUSPICION
The electrical engineer was trying to unlock his Google account outside his flat when he became paranoid that somebody had hacked into it.
Spotting his victim in the void deck, he suspected him and took him into his flat for questioning.
This was after midnight.
The boy, who was high on Ice, was said to be afraid the man might have been a policeman.
Dissatisfied with the boy's answers, the man tied his wrists and legs.
continue reading here : http://www.tnp.sg/news/singapore/law-against-police-torture-extends-others
Know your rights .
K. C. VIJAYAN, THE STRAITS TIMES
Oct 14, 2017 06:00 am
A law that makes it an offence for the police to use torture to extract confessions can be used on others who employ such methods, including vigilantes.
Explaining why he jailed a 42-year-old man for 15 months after he had tied up a teen and beat him to wring a confession out of him, District Judge Kenneth Yap referred to a High Court precedent from 21 years ago that involved a similar beating by three cops.
The High Court had said, then, that the main aim of the relevant Section 330 of the Penal Code was to prevent torture by the police, but it also said a benchmark two-year jail sentence may be appropriate where non-law enforcement officers were involved, other factors being considered.
District Judge Yap said the offender, whose name was redacted, should not be treated any more leniently just because he had acted upon a mistaken belief that his victim had hacked his phone when he restrained and beat him up.
"He had taken calculated steps to extract a confession in open violation of the criminal process, and should be punished in the same measure as any vigilante or abusive law enforcement officer," the judge said in grounds issued on Monday.
The man was sentenced last month after he admitted to tying up and assaulting the boy into a confession.
An additional charge of wrongfully confining the teen in his Tampines flat for almost two hours on Nov 18 last year was taken into consideration for sentencing.
SUSPICION
The electrical engineer was trying to unlock his Google account outside his flat when he became paranoid that somebody had hacked into it.
Spotting his victim in the void deck, he suspected him and took him into his flat for questioning.
This was after midnight.
The boy, who was high on Ice, was said to be afraid the man might have been a policeman.
Dissatisfied with the boy's answers, the man tied his wrists and legs.
continue reading here : http://www.tnp.sg/news/singapore/law-against-police-torture-extends-others
Know your rights .