CNA and Straits Times have started a campaign to gaslight Sinkies into accepting the decision that OBS does NOT deserve to be jailed:
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Do we need a lawyer to tell us that in applying judicial mercy the Court must consider "the severity of the crime and the risk of re-offending"? The penalty for the offence is jail or fine. If the Court did not think that the offence was serious enough to warrant a jail term, the Court would not have had to consider his health condition. The Court could have just fined him because in the opinion of the Court it wasn't severe enough to warrant a jail term. The fact that the Court had to consider his health condition meant that the Court had already decided that he deserved a jail term. So the lawyer should NOT be talking about severity of the crime because in the opinion of the Court OBS deserved a jail term if not for his health condition.
Do we need another lawyer to tell us that judicial mercy is 'the tempering of punishment imposed in the light of the offender's personal circumstances '? Isn't it obvious to anyone who can understand basic English ?
And is 'reflecting the Court's and the society's humanity towards the offender's plight' within the purview of the Court ?
The lawyers should give us their jurisprudential view of the Court's decision, and NOT attempting to offer a linguistic explanation of what judicial mercy is.
Judges are supposed to be in the business of justice, and mercy is by nature contrary to justice. And mercy has a gift-like character, and gifts cannot be extracted, including by law. In 1976, the Judicial Committee of the Privy Council rejected a challenge to a refusal to show mercy in de Freitas v Benny, a case originating in Trinidad and Tobago. Lord Diplock, in a now infamous passage, said that ‘mercy is not the subject of legal rights. It begins where legal rights end.’ A person ‘has no legal right even to have his case considered … in connection with the exercise of the prerogative of mercy’.
Indeed, mercy is a prerogative - a prerogative of the Head of State. It is the prerogative of the Head of State to grant or refuse a request for a pardon or remission of a sentence for a criminal offence, and this prerogative is enshrined in the Constitution.
If a Constitution aims to give the Head of State a power to show genuine mercy, but genuine mercy cannot be demanded, and one can only demand that to which one has a legal right, then the creation of a legal right to mercy by the Court makes genuine mercy by the Head of State impossible, thereby subverting the aim of the Constitution, which is the highest law of the land.
@Boonsiong @Sialoquent 有沒有道理?