The application of the totality principle in Singapore

When dealing with an offender who has been convicted of two or more distinct offences, the Court is faced with the issue of determining an appropriate aggregate sentence to be imposed. An aggregate sentence may offend the totality principle if it exceeds the length of the sentence imposed for the mo...

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Main Author: WONG, Zi Yang
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2024
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Online Access:https://ink.library.smu.edu.sg/sljlexicon/39
https://ink.library.smu.edu.sg/context/sljlexicon/article/1035/viewcontent/The_Application_of_the_Totality_Principle_in_Singapore.pdf
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spelling sg-smu-ink.sljlexicon-10352024-08-05T00:47:35Z The application of the totality principle in Singapore WONG, Zi Yang When dealing with an offender who has been convicted of two or more distinct offences, the Court is faced with the issue of determining an appropriate aggregate sentence to be imposed. An aggregate sentence may offend the totality principle if it exceeds the length of the sentence imposed for the most serious offence, or if the sentence is “crushing” and not in keeping with the offender’s past record and future prospects. In deciding whether to vary a sentence on the grounds of the totality principle, the Courts have considered an offender’s overall criminality, advanced age, precedents and the possibility of remission. This paper argues that the articulation of the totality principle ought to be revised to better reflect how it is applied in practice. Furthermore, it is argued that an offender’s advanced age and the possibility of remission are factors that are incompatible with the totality principle’s emphasis on an offender’s rehabilitative prospects. Accordingly, they should not be relevant factors in determining whether a sentence offends the totality principle. 2024-06-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sljlexicon/39 https://ink.library.smu.edu.sg/context/sljlexicon/article/1035/viewcontent/The_Application_of_the_Totality_Principle_in_Singapore.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Singapore Law Journal (Lexicon) eng Institutional Knowledge at Singapore Management University Asian Studies Contracts
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Asian Studies
Contracts
spellingShingle Asian Studies
Contracts
WONG, Zi Yang
The application of the totality principle in Singapore
description When dealing with an offender who has been convicted of two or more distinct offences, the Court is faced with the issue of determining an appropriate aggregate sentence to be imposed. An aggregate sentence may offend the totality principle if it exceeds the length of the sentence imposed for the most serious offence, or if the sentence is “crushing” and not in keeping with the offender’s past record and future prospects. In deciding whether to vary a sentence on the grounds of the totality principle, the Courts have considered an offender’s overall criminality, advanced age, precedents and the possibility of remission. This paper argues that the articulation of the totality principle ought to be revised to better reflect how it is applied in practice. Furthermore, it is argued that an offender’s advanced age and the possibility of remission are factors that are incompatible with the totality principle’s emphasis on an offender’s rehabilitative prospects. Accordingly, they should not be relevant factors in determining whether a sentence offends the totality principle.
format text
author WONG, Zi Yang
author_facet WONG, Zi Yang
author_sort WONG, Zi Yang
title The application of the totality principle in Singapore
title_short The application of the totality principle in Singapore
title_full The application of the totality principle in Singapore
title_fullStr The application of the totality principle in Singapore
title_full_unstemmed The application of the totality principle in Singapore
title_sort application of the totality principle in singapore
publisher Institutional Knowledge at Singapore Management University
publishDate 2024
url https://ink.library.smu.edu.sg/sljlexicon/39
https://ink.library.smu.edu.sg/context/sljlexicon/article/1035/viewcontent/The_Application_of_the_Totality_Principle_in_Singapore.pdf
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