Monday, April 22, 2019

NUS voyeur given conditional warning as he was 'assessed to have high likelihood of rehabilitation'
Read more at https://www.channelnewsasia.com/news/singapore/nus-voyeur-conditional-warning-rehabilitation-police-monica-baey-11470014

 (Updated: )
Ricky Lim
I have noted the following mitigating factors based on the Police statement :-

(1) The 23-year-old male National University of Singapore (NUS) undergraduate who committed criminal trespass and insulted the modesty of a female student last year was given a 12-month conditional warning because he had been assessed to have a high likelihood of rehabilitation and was remorseful, said Singapore police in a statement on Tuesday (Apr 23).

(2) It added that in deciding whether to recommend prosecution for a criminal offence, "a number of factors are considered by Police in each case, including the age of the accused, the likelihood of reoffending/rehabilitation, the extent of remorse shown, whether there are aggravating factors (for example, like circulation of the offending images)".

(3) "A prosecution, with a possible jail sentence, will likely ruin his entire future, with a permanent criminal record," said SPF, adding that the criminal justice system "seeks to temper punishment and deterrence, with giving offenders a second chance to reform, based on assessment of the relevant factors".

(4) "The approach in this case is consistent with the approach taken in other cases. There have been a number of similar cases, where such conditional warnings have been given," it said.

(5) Police also clarified allegations that the accused was not prosecuted because he has influential parents, are untrue.
"The Police and AGC did not consider his parents' background. Such factors are irrelevant considerations.
"It is unfortunate that such untruths have been put out. The man's parents have agreed for it to be disclosed that his father is a driver in the public transport sector and his mother is a housewife," said the authorities.
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Ricky Lim
Posted on :- 22 Apr 2019 04:42PM

Ricky Lim
While keeping an open mind of the outcome of the townhall and reviewing the entire disciplinary framework, will urge the Disciplinary Board to always keep in mind the :-

Ricky Lim
Principles and guidelines of dealing with crime

(1) I don't condone crime - and all crime must be properly addressed.

(2) All crime must be dealt with - with appropriate, effective deterrence to discourage crime from occuring but not excessive.

(3) Offenders upon punishment - must be accorded the chance for rehabilitation with the view of allowing them to rejoin Society to be a better person and not condemn him/her eternally or ruin his/her lives forever eg :-
a. drug offenders - drug rehabilitation
b. terrorist - religious rehabilitation
c. convicted criminal - "yellow ribbon"
d. education institiution - police working with school authoritites
e. military camp - police working with military punishment eg. charge, DB, SOL, confinement, extra guard duties etc - without "black record".
f. home - police, welfare institutions working with parents, guardians and family members

and many others.

(4) The above justice are carry out for less serious offences (not serious crime like rape, murder, drug trafficking, bomb, discharge of firearms etc) occuring in the various institutions :-
a. with the mind to administer justice appropriately to deter crime,
b. with mind to encourage offenders to be remorseful and to become a better person.
c. to foster rehabilitation - without ruining his/her lives - in the moment of folly.
d. without going into extreme punishment, "go everything by the book" - to ruin a person's life who can be rehabilitated.
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Ricky Lim
The above principles and guidelines have served us well for Singapore Society for many decades - characterise by low crime rate and a more inclusive society where we don't eternally condemn a crime and give no chance for remorse - by totally ruining a person (who in the moment of folly - commit a crime).

This refer to the less serious crime - not those serious crime such as rape, murder, arson, firearm discharge, terrorism firing and bombing, drug trafficking etc - that cause death and serious injuries.

While we got anger by crime that hurt the victims - we must also be composed - and always be mindful of the priniciples and guidelines --- that guide us to ensure a more inclusive society.
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Ricky Lim
For eg.
(1) There is a boy who is very rebellious in school - and has violate many school rules such as hooliganism, fighting etc.

But he was not expelled from the school and is given chance through intensive counselling.

One day he is remorseful - work hard - to enter law and become a lawyer.

He is now a famous lawyer and has help many for free (who can't afford lawyer fees).
He is also an active grassroot leader - doing many voluntary work contributing to the society.

Now - if he is condemned by the school and not given chance to rehabilitate to become a better person -- Singapore will have lose this lawyer and grassroot leader who have contributed selfllessly to Singapore Society.
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Ricky Lim
Eg.
(2) A talented civil servant has contributed tremendously to the civil service.

However, in one momentary lapse of negligence - he left a "classified document" behind - and was picked up by a reporter - who reported the content without official permission.

The civil servant was charged under OSA - but his career was not ruin.

After some years, he was picked to be a political leader --- and Singapore has benefitted tremendously from his many valuable contributions to Singapore - and he is well liked by many Singaporeans.

If he is ruined and eternally condemn for his momentary lapse of negligence --- Singapore will have lose this valuable Leader.
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Ricky Lim
Thus I am still on the opinion of :-
得饶人处且饶人.
能原谅别人的过错,就是释放自己的痛苦。
--- especially if the offender is the 1st offender (not a recalcitrant repeat offender), has been punished, has express remorse and have genuine repent ---- rehabiliation process (without ruining his entire life) --- should be one of the important consideration.

If the Society forsake him - it sometimes may not only be his loss, the Society may also lose a potential talent (who has in his momentary lapse of folly - done a serious wrong) --- but have repented.
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Ricky Lim
Ricky Lim
(3) 3rd eg.
A famous film director was accused of sexual harassment and was exposed for adultery.

The whole media was condemning his sexual exploit and misconduct.

He seek his wife and his kids forgiveness and stay out of limelight for a few years.

He was eventually forgiven and the media re-engage him in couple of drama.

And he produce many blockbusters from then on - ah boy to ah men 1,2,3,4 and many others.

Singapore will have lose the talented film director - if we witch hunt him and eternally condemn him.
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Ricky Lim
(4) A 4th eg.
A famous oversea actress turn citizen - sexual exploit photos was leaked in the internet --- and many netizens and media condemn her in her own Country.

But Singapore take her in and she become citizen.
She contributed quietly at the background - and in Star Award - invited as a guest star to present awards to local stars.
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Grimlock Felonius
Ricky Lim
So all criminals should be set free as all have a shot at becoming a great leader and producer.
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Ricky Lim
Grimlock Felonius -
I did not say that.
Look at the principles and guidelines in dealing with crime carefully again.

And also gain insight why you need such a system that have served us well for so many years since indepedence - where we have a low crime rate - and less recurring crime.

(1) We do not want to eternally condemn anyone - who has served his punishment and has repented - we need to give him a new life.
This is a Compassionate and Inclusive Society.

(2) No human are saint or angel - who will not commit even one small mistake in his/her entire life.
Everyone do a soul searching yourself -- in the entire life - no one make even one small mistake in life?

(3) Society do not want to force anyone into a corner - and bring about undesirable consequences :-
- eg. if the repented criminal who has served his sentence - find himself/herself condemn eternally without means to live --- he may become hardened - eg. commit suicide due to hopelessness or turn even more violent -- since he/she is not given a chance to live.

(4) Our Justice System - is not to punish and condemn anyone with the 1st offense - without giving chance to anyone to reform and become a better person - especially when the person commit a mistake in the moment of folly - but have a high chance of being rehabilitated and contribute to the Society.

(5) If Society take an extreme sense of justice and punishment - for anyone who make a mistake ---
--- then the prison will need to be expanded.
--- the Society need to be ready to tackle harden crime - when they feel that there is no hope for them - even they repent.
--- Singapore population will dwindle very rapidly - because any slightest mistake or offence - people will be condemn eternally.
--- Investors and good immigrants will not come in here - because our Society is intolerant.

(6) Taking to the extreme in punishment - imagine this scenario :-
-- school children fight in school - jail and fine with police record
-- school children steal a pencil box - fine and jail with police record.
-- school children play prank among girl and boy students - charge for molest with police record etc.

Then Singapore will be doom.
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Ricky Lim
Having say so, I feel that :-
(1) The Police and AGC handling of this case is not out of line and i feel is appropriate given all the mitigating facts presented.

(2) NUS framework of handling of this case in terms of punishment working in conjunction with the Police - is also not out of line.

(3) As for the MOE Minister suggestion of reviewing of the framework --- I am open to the idea - as long as it meet the criteria of "effective deterrence to prevent crime" --- but not excessive --- with the view of rehabilitation of the offender if he is remorseful and has a good chance of rehabilitation.

(4) NUS can do better in providing emotional support and counselling to the victim and in bringing forth - how the justice is done, what are mitigating factor and emotional help to the victim - instead of just presenting the remorse letter to the victim.

Without proper explanation to the victim and emphatise with the victim -- the victim will feel that she is not treated fairly - and burst out.
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Ivy Goh
Loving and forgiving is HIS way. What HE said 2,000 years ago is still so appropriate today – those without sin among you, let him first cast a stone. So many here throwing stones! Does the lynch mob want this ‘voyeur’ crucified?
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Ricky Lim
What you say here is correct.

No human are saints or angels on Earth - without erring.
Else human will not be born on Earth.

Human are born with 3 inherent defects - where unless eradicated - are bound to make some mistakes along his/her life.

But this must not be treated as an excuse for human to commit crime.
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Ricky Lim
A simple test :-
(1) Thoughts --- any humans can put up their hands and say they have not even have one single thought that are sinful throughout their life?

(2) Speeches --- any humans can put up their hands and say they have not even utter one word or statement or vulgar language that are sinful throughout their life?

(3) Actions --- any humans can put up their hands and say they have not even behave or acted something that are sinful throughout their life?

If even one human say he/she has not ---- I will fold my arm with respect - for he/she has eradicated all evil thought, speeches and actions 不起心动念 and has attained Nirvana - and will no longer be reborn on Earth 不生不灭。

Sadhu Sadhu Sadhu
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Chua Lee Kheng
True.
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Leon Lim
from "good family"?
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Paladin Nicholas Lawrence
"The man’s parents have agreed for it to be disclosed that his father is a driver in the public transport sector and his mother is a housewife."

Not sure how true this is.
After all, the police and AGC have openly admitted that they have not looked at the parents' background. Said parents might not exactly be honest about their occupations.
Because from what I know, when the police or court asks you for your occupation, and you tell them, they will note it down as such. i.e. They usually don't check it, or ask you to show proof of it, unless your offense is work-related.

Just saying.
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Canto May
So you think that the SPF won't take the effort to verify the information it releases before it makes an official public statement, especially when the information is used to dispel a falsehood. Seriously?
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Chua Lee Kheng
The Police has spoken and there are some untruths that are circulating around.
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Tho Loong Wei
"a conditional warning, which means that if he commits any other criminal offence within 12 months, he will be liable to be prosecuted for both this current offence and the subsequent other offence."

So what happens if he commits similar offence after 12 months? Not sure how this warning works after that.
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Canto May
A criminal lawyer would be able to advise you on that.
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Allen Low
He has voyeuristic disorder. He better seek help.
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Kenny Lim
First timer got ang bao..
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Dayan Raj
so the lesson here is, commit a crime, be remorseful but make sure you are not Indian or Malay and you can escape scot free.
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Eric Foo
A Malaysian trying to sow discord among locals.
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Sharil Bin Saharudin
Ong Ye Kung says NUS penalties are inadequate. Well, wat about SPF's?

Considering the police treatment given to the criminal, I feel even sorrier for the victim.
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Paladin Nicholas Lawrence
I think Ong Ye Kung didn't dare to comment on the SPF because that is Shanmugam's territory. : )

He just kept his comments within the education sector since that is his domain.
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Brian Soh
Not good enough. This showed that the AGC, Police and NUS are bias just because this pervert is from a good family? There are so many others from good families and have been jailed for such a cause yet the relevant authorities let this pervert go scot free? Why the difference in treatment?
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Brian Soh
Whether it is 4 months or 1 day, it is still an offence. A lie is a lie whether it is white or bad or any other colors for that matter. We need to project the correct stance here...
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Brian Soh
And how do we know if this is the first time that he is doing such filming? How sure are the authorities that he has not done this before to him getting caught? How sure are we that he has not circulated any of the videos to anyone?
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Chua Gary
your people's comments are childish and uncalled for.
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Roland Yeo
A prosecution, with a possible jail sentence, will likely ruin his entire future, with a permanent criminal record," said SPF.

Bloody hell.. so it's ok for the victim to suffer permanent scar in life? Very thoughtful SPF. Have they consider how the victim and her family felt.

NUS & SPF only thinking abt protecting the interest of the offender. Only pay lip service to the victim and the public. All those involved in coming up with the punishment should be sacked!
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