Expat Crime

$2000 to $10,000 fine or up to 12 months imprisonment or both for 1st offence.
$5000 to $20,000 fine or up to 2 years imprisonment or both for 2nd and subsequent offences

Using a mobile-phone while Driving

Section 65B of the RTA

up to $1000 fine or up to 6 months imprisonment or both for 1st offence
up to $2000 fine or up to 12 months imprisonment or both for subsequent offence

Reckless Driving

Section 64 of the RTA

up to $5000 fine or up to 12 months imprisonment or both for 1st offence
up to $10,000 fine or up to 2 years imprisonment or both for subsequent offence

If hurt is caused:

up to $10,000 fine or up to 2 years imprisonment or both for 1st offence
up to $20,000 fine or up to 4 years imprisonment or both for subsequent offence

If grievous hurt is caused:

1 year to 5 years imprisonment for first offence
2 years to 10 years imprisonment for subsequent offence

If death is caused:

2 years to 8 years imprisonment for first offence
4 years to 15 years imprisonment for first offence

Careless Driving

Section 65 of the RTA

up to $1500 fine or up to 6 months imprisonment or both for 1st offence
up to $3000 fine or up to 12 months imprisonment or both for subsequent offence

If hurt is caused:

up to $2500 fine or up to 12 months imprisonment or both for 1st offence
up to $5000 fine or up to 2 years imprisonment or both for subsequent offence

If grievous hurt is caused:

up to $5000 fine or up to 2 years imprisonment or both for 1st offence
up to $10,000 fine or up to 4 years imprisonment or both for subsequent offence

If death is caused:

- up to $10,000 fine or up to 3 years imprisonment or both for 1st offence
- up to $20,000 fine or up to 6 years imprisonment or both for subsequent offence

Unauthorised Consumption and/or Possession of Drugs

Section 33 of the Misuse of Drugs Act (“MDA”)

up to 10 years imprisonment or $20,000 fine or both

Commercial Sex with Minor under 18

Section 6(6) of the Children and Young Persons Act (“CYPA”)

up to 8 years imprisonment or $8000 fine or both

Section 145(1) of the Women’s Charter 1961 (“WC”)

up to 5 years imprisonment or $100,000 fine or both for first offence
up to 7 years imprisonment or $150, 000 fine or both for subsequent offence

Theft

Section 379 of the Penal Code

up to 3 years imprisonment, with fine, or both

Section 382 of the Penal Code

up to 10 years imprisonment and liable to fine for theft with preparation to cause hurt, death, or restraint

Shoplifting

Section 378 of the Penal Code

up to 7 years imprisonment and liable to fine

Computer Theft

Section 3 of the Computer Misuse Act

up to $5000 fine or up to 2 years imprisonment or both for 1st offence
up to $10,000 fine or up to 3 years imprisonment or both for subsequent offence

Cheating or Fraud

Section 420 of the Penal Code

up to 10 years imprisonment or fine or both

Forgery or False Documents

Section 468 of the Penal Code

up to 10 years imprisonment or fine or both

The Following Offences are Especially Serious and are Punishable with Imprisonment and Caning:

Illegal Entry or Overstaying your VISA by more than 90 Days

Section 15 of the Immigration Act

up to 6 months imprisonment and not less than 3 strokes or fine up to $6,000

Vandalism

Section 3 of the Vandalism Act

up to 3 years imprisonment or $2000 fine and liable for 3-8 strokes

Outrage of Modesty (i.e. Molestation)

Section 354 of the Penal Code

up to 3 years imprisonment and liable for caning
if the victim is below 14 years of age; up to 5 years imprisonment and liable for caning

Rape

Section 375 of the Penal Code

up to 20 years imprisonment, liable to fine or caning
if the victim is below 14 years of age; 8 to 20 years imprisonment, no less than 12 strokes of the cane

Kidnapping

Section 364 of the Penal Code

Shifted to offences that warrant the death penalty***

Section 3 of the Kidnapping Act 1961

punishable by death or life imprisonment, liable to caning

Robbery

Section 392 of the Penal Code

2 to 14 years imprisonment, min. 6 strokes caning

Unauthorised Possession of Firearm

Section 3 of the Arms Offences Act

5 to 14 years imprisonment, min. 6 strokes

These Serious Crimes Attract the Death Penalty:

Drugs

Section 17 of the Misuse of Drug Act

Trafficking, manufacturing, importing or exporting more than 2g of diamorphine, 3g of morphine, 3g of cocaine, 15g of cannabis, 10g of cannabis resin, and 100g of opium;

Murder

Cap 224 of Penal Code

Death Penalty

What are the consequences of being charged or investigated?

If you are charged or investigated for an offence by the police, there is potential for significant disruption to your life and working schedule as you may need to take urgent leave to attend mandatory interviews at the police station during investigations. You could be detained for up to 48 hours when you are initially arrested. During this period, you may not be allowed to contact a lawyer or family member immediately and this puts your job at risk due to ‘mysterious disappearance’.
Furthermore, if you are offered bail, you will have to find a Singaporean or Permanent Resident surety willing to act as your bailor and having the means to furnish your bail.

Will I be able to travel if my passport is detained?

If you are offered bail, your passport will have to be surrendered and you will have to seek permission from the police or the Court before you can travel. They may also impose additional bail conditions such as requiring your travel details and increasing the bail amount significantly.
This may affect your ability to serve the functions of your job if you often need to travel on short notice or if your application to travel is altogether refused (See: Bail, para 4(a).

Will it affect my working visa?

Being charged may affect your ability to review your working visa with the Ministry of Manpower (“MOM”) especially if your employment pass is due to expire. You may instead be issued with a temporary “special pass” which has to be renewed on a weekly or fortnightly basis. This would mean frequent visits to the police station and MOM, to have the visa renewed.
You may also attract a “blacklist” which will affect your future employment prospects in Singapore.

Am I in breach of any of my employment contract terms and conditions?

This will depend on the specific terms of your particular employment contract and the code of conduct set by your employer. Generally, most employment contracts do state misconduct or conviction in a court of law as grounds for dismissal.
Even if your employer does not dismiss you, you may face difficulty with renewal of your employment pass when it is due for expiry and a failure to obtain such pass would preclude you from being in Singapore.

When should I inform my employer of my circumstances?

Unless the terms of your employment require so, there is no requirement for you to inform your employers of your circumstances as the result of the investigations could eventually mean that you are innocent.
However, if you intend to plead guilty, you would likely need to inform your employer and may also wish to obtain a testimonial letter in support of your mitigation plea to ask the court for leniency in sentencing for the offence.

When do I engage a lawyer?

It is good practice to engage a lawyer as soon as possible. Your lawyer can help you understand the nature of the charges and investigation, available defences, plea bargaining options and what to expect after trial and conviction.
Your lawyer will also be able to assist you in making representations to the police and prosecution in an attempt to help you secure a stern warning rather than being charged in court for less serious offences.

What can we do for you?

Should you have any questions or would like more information, please contact our criminal representation lawyers at 6337 0469 or email us at consult@gjclaw.com.sg