Bclm022 Criminal Law|Offence Assessment Answer

First Schedule of the Criminal Procedure Code & Column No. 5 states whether any particular offence under the Penal Code is a Bailable Offence or Not Bailable. Nigel was charged with one count of voluntarily causing grievous hurt to Oscar on 5 July 2020 at 8pm at 254 Orchard Road Singapore, contrary to Section 325 of the Penal Code. Nigel has previously been investigated for other offences and he is known to have failed to turn up at the Police Station for interviews despite promising the Investigating Officer that he would do so.

Advise Nigel on the following, giving reasons and case laws in support of your answer.

(a) Nigel will never be granted bail for the offence he has committed. True or False? Give reasons for your answer.

(b) If your answer to (a) is False, i.e. Nigel can still be granted bail, explain what are the factors that the Judge have to consider in granting Nigel bail?

(c) Again, assuming the Court is considering Nigel’s counsel argument for the Court to grant Nigel bail, what are the conditions in which the Court can impose or direct (with regard to bail) to ensure Nigel’s attendance in future Court hearings?

(d) Assuming that the Judge has imposed bail for the sum of $200,000 (which Nigel cannot afford), what is the procedure by which Nigel can challenge the Judge’s order? Provide the description of the procedure and section in the CPC.

(e) Nigel has now indicated that he wishes to challenge the bail order, what will happen to Nigel pending the hearing of the challenge by a higher authority?

(f) As Nigel is known to be Abscond whilst on Bail in previous cases, he found difficulty in getting his friends and relatives to stand as surety. Explain the role of the surety or sureties. What are the consequences and liabilities upon the sureties if Nigel does the same disappearing act?

(g) Failing to find sureties among his friend and relatives, Nigel has resorted to enter into indemnity agreements with 2 unknown persons, whom Nigel promised to compensate them financially if they would stand as sureties. What are the legal implications of such an activity?

(h) Nigel is not a person of wealth. Neither are the two sureties he procured (see above). The bail amount came up to $100,000.00 for 2 sureties. The amount was raised and put up as security pursuant to the bail order. Should the Prosecution or the Court be concerned about this? Explain.

(i) Nigel has managed to post bail and he is released from Remand in order to prepare for his upcoming trial.  Nigel decided to take a sampan and sail to neighboring country one day before he was supposed to attend his trial. It seems like he will not be returning anytime soon. Explain what will happen to Nigel and his sureties when Nigel fails to turn up for the trial.

(j) Oscar, the victim of Nigel’s attack has succumbed to his injuries and has died two weeks after the incident. The Prosecution is intending to amend the charge from Section 325 to Section 300(a) of the Penal Code. What is the impact on Nigel’s bail proceedings?