Help Needed: PreTrialConference

[shrek82]

Dear fellow brothers,

After seeing the great advice that was given to Sharin75 (http://www.sammyboy.com/showthread.php?t=78467), I hope I can seek the help and advice of you guys here... I'm in deep shit but hopefully some of you guys can maybe advice me? Thanks a lot bros

My case:
Initially charged with S325(Voluntarily Causing Grevious Hurt), when the offence happened in May 2010. Unfortunately in October, IO called me up and gave me 2 more charges - S354(1) and S509.

The case involves a girl but I can't go too much into detail lah cos technically it is under investigation. However, I would be more than happy to disclose the details via private message

I have a lawyer and he is in the midst of writing the letter of representations to AGC/DPP. So far the DPP is offering that we proceed on S325 and S354 and TIC the last charge.

According to my lawyer, since all 3 happened at the same time, the sentence passed will probably be concurrent. (I hope so!) The girl in question does not have any broken bones, according to the medical report. However, the doctor who treated her did give her a 22 day MC. However, girl didn't take the MC given and reported to work... Not sure if this means if the injuries were not serious or Dr just being cautious.

According to the penal code, the following must happen if it is to be considered grevious hurt:

Grievous hurt
320. The following kinds of hurt only are designated as “grievous”:

(a) emasculation;

(aa) death;

(b) permanent privation of the sight of either eye;

(c) permanent privation of the hearing of either ear;

(d) privation of any member or joint;

(e) destruction or permanent impairing of the powers of any member or joint;

(f) permanent disfiguration of the head or face;

(g) fracture or dislocation of a bone;

(h) any hurt which endangers life, or which causes the sufferer to be, during the space of 20 days, in severe bodily pain, or unable to follow his ordinary pursuits;

(i) penetration of the vagina or anus, as the case may be, of a person without that person’s consent, which causes severe bodily pain.

In my case, (h) did happen... Although the girl didn't utilise the MC, in the end.

My question is: Should I get my lawyer to state in the letter of reps, the following, as a plea bargain?

Downgrade 325 to 323 (causing simple hurt) and proceed on 3 charges: 323, 354(1) and 509.

The proscecution wants to proceed with S325 and 354, which carry a max term of 10 years + caning for S325 and 2 years + caning for 354(1)

Does my request seem ok? or foolish? Please help bros

 

[Leongsam]

I'm in deep shit but hopefully some of you guys can maybe advice me? Thanks a lot bros

Should be "... hopefully some of you guys can ADVISE me....".

"Advice" is a noun.

 

[iconchia]

If you have the guts to cause injury and harm to another person, especially a girl who is of the weaker sex, then admit it and be responsible for it.

 

[leetahbah]

Interestingly I wonder what you expect out of this, afterall you did cause hurt to the girl, regardless whether she takes the MC or not?

If the girl was not hurt, why would she seek medical help? If she was not hurt, why did doctor give 22 days MC?

Did you expect to get expect to get away scott free?

Did you expect no jail term?

If you were injured by someone and given 22 days MC but need to work to survive, would you let your attacker downgrade to 'simple hurt' instead of 'grievous hurt'?

Know your responsibilities in a civil society.

Don't use your hands, use your head. (Just like cheongsters should use the brain to think and not the kukuchiao) Learn to control your temper, take anger management classes so that you will not use your hands.

I'll let the legal experts advise you on the plea bargain, all the best to you.

 

[garlic]

At least u admit to causing bodily harm. For the defence, I think the point is not how serious the victim got hurt, but under what circumstances did the accused carried out the attack. Intent? Pre-meditated? Under extreme duress? Under provocation? State of mind? etc.. For example, u fired a shot at a victim, but missed. You cant say that bo tiok, so bo tai chi... Some cases whereby death was caused by accused but given lighter sentences than causing grievous injuries boils down to the above-mentioned points.

Note, im saying from defense POV. Proseuction will keep harping on victim's alleged injuries, trauma, mental trauma etc..

 

[shrek82]

Dear all,

I am well aware of my apparent stupidity and most certainly I intend to face the music and the charges.

My posting here is not to seek a way to get off scott free... Far from it. I would just like to see how I can try to reduce the time spent in jail. After all, nobody would like to spend time in jail.

I admit that at the point of the incident, I had been drinking and had been seeing a psychiatrist at IMH for severe depression. However, these are not excuses.

I am a first time offender and have never had any brush with the law or have tendencies of violence. I am well and truly remorseful over what I have done and the pain and suffering I have inevitably caused to her family and even to mine.