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Thread: Assault cases

  1. #41
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    Default Re: Assault cases

    lets not put the pressure on the police personnel, ulltimately they are given guidelines to follow , i call them law enforcers.

    i think its more of the law makers who set the rules n laws, they should revisit the whole issue of assualt on others. if they cannot bring themselves to craft 1 out, enforcers basically have nothing to act on.

    police can only act only when there is a case open , hence the term "file a police report", we are all paying for their time , so a time well spend on a good case justifies all.

    i think if there is no noticeable signs of injury , police officer cannot do anything.

  2. #42
    vince123123
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    Default Re: Assault cases

    Actually, the threatening action counts as assault. Assault is defined as the act which causes someone to think that someone is about to use criminal force on him. The legal meaning and popular meaning of assault are quite different.

    Legally, the actual physical blow is known as "criminal force", "hurt" and "grevious hurt".

    The laws are there, even for "assault", its just that the police wont bother to take action on what they deem are minor crimes.

    Quote Originally Posted by saifulbahar View Post
    I do remember a few years back when there was a big news about assaults in Singapore. It was mentioned that a person who feels threatened of an assault even by the accused showing fist can be in trouble with the law.

    Why must the assault takes place first and even worse, the injury must be severed because a police can take any actions?

    Are we suppose to be a crime preventive society? Or was those words are meant for posters? We work hard to prevent crimes such as thefts, but why not assault?

    Why was the guy who pushed the girl down the MRT track arrested? The lady was not "seriously" injured. Yes.. she could have... but she didn't. Did she go to the majistrate first and filed a report then the police came down the MRT station and arrested him?

    Define assault then? No, there is no different between this and attempted murder as all assault could end in death. So do we wait and see whether the victim is "slightly injured", "badly injured" or "dead"???

    I actually feel sorry for all the policemen who carries gun, nightstick, warrent card and all they can do in crisis like this is to advice people to make complain... guess we are becoming a society of "complaint lah" then I can help you... "if you no complain... don't talk, not my problem"...

  3. #43
    vince123123
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    Default Re: Assault cases

    That is not always true, in molest cases, there are no noticeable signs of after-effects either.

    Quote Originally Posted by Chiang View Post
    i think if there is no noticeable signs of injury , police officer cannot do anything.

  4. #44
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    Default Re: Assault cases

    Quote Originally Posted by vince123123 View Post
    That is not always true, in molest cases, there are no noticeable signs of after-effects either.


    u caught me here

  5. #45
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    Default Re: Assault cases

    I think the men in blue are waiting for some MP's family member ( have to be PA* MP OK ) to get wallop and the "walloper" challenge the police, as this is considered a minor injury so they can't act till the "wallopee" file a magistrate's complaint. Only than will they start taking action.

    Remember a few years back when those heavy trucks are always traveling on the outer right lane along the expressway at high speed? Why do you think the " police in white " have clamped down so hard on them so fast? Nowadays the very most you see is on the 2nd lane. How do you think it came about?
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  6. #46
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    Default Re: Assault cases

    Quote Originally Posted by yqt View Post
    I think the men in blue are waiting for some MP's family member ( have to be PA* MP OK ) to get wallop and the "walloper" challenge the police, as this is considered a minor injury so they can't act till the "wallopee" file a magistrate's complaint. Only than will they start taking action.

    Remember a few years back when those heavy trucks are always traveling on the outer right lane along the expressway at high speed? Why do you think the " police in white " have clamped down so hard on them so fast? Nowadays the very most you see is on the 2nd lane. How do you think it came about?
    dunno... u got insider news?
    Logging Off. "You have 2,631 messages stored, of a total 400 allowed." don't PM me.

  7. #47

    Default Re: Assault cases

    Quote Originally Posted by Del_CtrlnoAlt View Post
    hey i like this... can i quote your words?
    Sure... it's passed down from my mom...
    I merely added the special effects bit.

  8. #48

    Default Re: Assault cases

    Seriously, this society has become so structured with KPI & ISO that it's all systematised in a workflow. It is not flawed actually.

    Everyone has a job to do. Just follow on and it shall be fine. For those who try to realign the system, it can take great efforts to make the change.

    So long as there is not injury or religious/political threat in a perceived crime scene, life just goes on. Pardon my term: "Got money can sue; no money no talk."

    Relating a recent incident, the robber who robbed my house got caught eventually after several house break-ins. Action was taken when the silly fella stabbed a lady in one of the houses he robbed. Investigation went in full force and catching the bad guy was swift and smooth. So, I am impressed the local enforcement team can be very efficient if a red alert was sounded. With so many police posts, i can imagine the multitude of complains being lodged hourly (24x7). And the cost to society to sort out all these woes can mount up to millions of tax payers' $.

    Next time, if a person meets up with a bad guy, provoke the bad guy so hard that the bad guy stabs him until got blood gushing out to hit the ceiling. Then getting the criminal to jail will be a piece of cake. Otherwise, curl up and siam.

  9. #49
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    Default Re: Assault cases

    Here we go again....

    But somehow placing cardboard cutouts at a closed MRT station was investigated with such seriousness but this isn't?

  10. #50

    Default Re: Assault cases

    Quote Originally Posted by saifulbahar View Post
    So now what? Does that mean we can beat the guy up too as long as we don't break his limbs or serious injury?
    hmmm I like this idea

  11. #51
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    Default Re: Assault cases

    Quote Originally Posted by Del_CtrlnoAlt View Post
    dunno... u got insider news?
    Well, just a few days before police action start on the expressway, it was reported in the news that there was a serious accident on the expressway where a lady driver died after an accident with a speeding heavy veh.

    Go fig.
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  12. #52
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    Default Re: Assault cases

    Police will hand off because she is not the rich and powerful They will ask her to file a civil action against the attacker and this means she has to go through legal paper work and come up with money to find a lawyer.

    Quote Originally Posted by scramblur11 View Post
    I have no idea about law but I find it disturbing that the author wrote:

    "We find it a hassle to lodge a complaint with the magistrate "

    Hassle to protect his children? not hassle to write to Today meh?

  13. #53

    Default Re: Assault cases

    Quote Originally Posted by kiwitan View Post
    Police will hand off because she is not the rich and powerful They will ask her to file a civil action against the attacker and this means she has to go through legal paper work and come up with money to find a lawyer.
    filing a magistrate's complaint only costs $1 lah. no need lawyer. just state the facts.
    you can buy better gear but you can't buy a better eye

  14. #54
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    Default Re: Assault cases

    Quote Originally Posted by zaren View Post
    filing a magistrate's complaint only costs $1 lah. no need lawyer. just state the facts.
    Got any Idiot's Guide to Filing A Magistrate's Complaint
    Logging Off. "You have 2,631 messages stored, of a total 400 allowed." don't PM me.

  15. #55

    Default Re: Assault cases

    Magistrates' Complaint

    A person seeking redress against another whom he believes has committed an offence, has to appear before a Magistrate to make a Complaint. The document or written complaint that this person files before the Magistrate is known as the Magistrates' Complaint. The person filing the Complaint is known as the Complainant and the person against whom the application is made is known as the Respondent.

    1. When can I make a Magistrates' Complaint ?
    You can make a Magistrates' Complaint against a person whom you believe has committed an offence punishable by law.

    2. What if I do not know the identity or the address of the person against whom I am complaining ?
    You may still make the complaint, and if the complaint discloses an offence punishable by law, a Magistrate can direct the police to investigate the matter.

    3. Must I bring any documents with me ?
    Yes. You must come personally to the Subordinate Courts with the following documents, if any:
    a) police report(s);
    b) any other relevant documents supporting your complaint (such as medical reports, if you have suffered personal injuries)

    4. How do I make a Magistrates' Complaint ?
    Obtain a Complaint form from the Complaints' Section of the Crime Registry located at Level One of the Subordinate Courts Havelock Square Complex. You may also download a copy of the Complaint form from our website.

    Fill in the particulars required in the Complaint Form. There are Chinese, Malay and Tamil interpreters who can help you translate your complaint into English if you are unable to do so yourself.

    Hand your complaint as well as your identity card or any identification papers for example, passport, work permit etc to the counter staff. A court officer will then accompany you to swear or affirm your complaint before a Magistrate.

    5. What can I do if a Magistrates' Complaint is filed against me ?
    If you have received a Notice informing you that a Complaint has been lodged against you, you may file a cross-Complaint against the complainant provided there are grounds for doing so. You would have to inform the Complaints Section of your intention to file a cross-Complaint and to provide the reference number as well as the date and time you are required to appear in Chambers before the Magistrate. If the Magistrate deems it necessary, he will direct that your Complaint be fixed on the same date and time as the original Complaint.

    6. What orders can a Magistrate make ?
    The Magistrate can do any of the following:

    a) If he is of the view that further inquiry into the matter is necessary, he will direct the police to investigate.

    b) If he is of the view that it is a private or relational dispute over minor offences such as simple assault, nuisance or causing mischief, he will direct that a Notice be issued to you and the respondent (the person against whom you are complaining) to appear before a Magistrate on another day. On that day, both parties will attend before a Magistrate in Chambers for mediation.

    c) For item b), if you do not know the identity or the address of the person(s) against whom you are complaining, the Magistrate will direct the police to ascertain the particulars of the respondent(s). Once the particulars are available, the Magistrate will issue a Notice to you and the respondent to attend before him in Chambers.

    d) If the Magistrate is of the view that the Complaint is without any basis, it is a civil matter or does not disclose any offence punishable by law, he may dismiss the Complaint.

    e) If the Magistrate is satisfied that the respondent has committed an offence punishable by law, he may issue a summons against the respondent.


    7. What happens when a Magistrate directs the police to investigate the Complaint ?
    The complaint and all relevant documents provided by the complainant will be sent to the Police for them to investigate. In their investigations, the police may call up the complainant and the respondent. Once the Police have completed their investigations, they will forward a report to the Magistrate. The complainant may be asked to come to Court by the Magistrate to explain the outcome of police investigations. Once the complainant is before the Magistrate, he may make any of the orders b) or d) as mentioned above.


    8. What happens when a Magistrate fixes a matter for mediation ?
    When both parties appear before a Magistrate, he may do any of the following:

    a) He may refer both parties to a Community Mediation Centre(CMC) if you and the respondent consent to it. The CMC has a panel of trained Mediators who are respected members of society coming from all walks of life. If the matter is settled, parties would sign a Settlement Agreement. Where there is no settlement, fresh Notices will be sent to you and the Respondent to appear before the Magistrate.

    b) He may mediate the matter himself. If a settlement is reached, the complaint will be withdrawn and no further action will be taken. If there is no settlement and you wish to proceed to trial, a summons will be issued once you have prepared the necessary charges against the respondent and a fee of $1 for each summons is paid

    c) He may refer you and the respondent to a Court Mediator for mediation. If a settlement is reached, the Mediator would inform the Magistrate and the steps taken would be as b) above. Similarly, if no settlement is reached, the steps taken would be as b) above.

    9. What happens when a summons is issued by the Magistrate against the respondent ?
    The complainant will have to accompany the Court process server to serve the summons personally on the respondent. Transport charges for the service of the Summons are payable by the complainant.
    The Summons will require the respondent to attend court on an appointed day and time.

    On the day of the trial, if the respondent attends Court, he will be asked whether he is guilty or not guilty of the charge(s) against him. If he pleads guilty, he will be sentenced by the Court immediately.

    If he claims trial, the Court will hear the trial on the same day or fix the matter for trial on another day as the case may be.

    If the respondent is absent on that day, the Court will issue a Warrant of Arrest against him.

    10. What fees are payable by the Complainant in respect of a Magistrates' Complaint ?
    The complainant will have to pay a fee of S$1.00 if a Summons or a Warrant of Arrest is issued by the Magistrate against the Respondent.


    11. Can I withdraw my complaint after it has been lodged ?
    To avoid unnecessary work and inconvenience, you should consider carefully before lodging your complaint. If you decide, for any reason, to withdraw your complaint, you should come personally to the Complaints Section at the Crime Registry to make a withdrawal before a Magistrate.


    12. Do I need to engage a lawyer ?
    Although there is no need to engage a lawyer to help you make a Magistrates' Complaint, you may wish to engage one if a Summons is issued against the respondent. This is because you will have to prosecute the case by proving to the Court that the respondent committed an offence alleged in your Complaint.


    For more information, please contact:
    The Complaints Section
    Criminal Justice Division
    Subordinate Courts
    1 Havelock Square, Singapore 059724
    Tel: 6435 5881/4355 121 Fax: 6435 5122
    you can buy better gear but you can't buy a better eye

  16. #56

    Smile Re: Assault cases

    i thought such incident has happened at a recent meet-the-people session of mp teo. how is the case being handled?

    Quote Originally Posted by yqt View Post
    I think the men in blue are waiting for some MP's family member ( have to be PA* MP OK ) to get wallop and the "walloper" challenge the police, as this is considered a minor injury so they can't act till the "wallopee" file a magistrate's complaint. Only than will they start taking action.

    Remember a few years back when those heavy trucks are always traveling on the outer right lane along the expressway at high speed? Why do you think the " police in white " have clamped down so hard on them so fast? Nowadays the very most you see is on the 2nd lane. How do you think it came about?
    Last edited by reachme2003; 12th October 2006 at 12:37 PM.

  17. #57

    Smile Re: Assault cases

    many thanks, zaren.

  18. #58

    Default Re: Assault cases

    An excellent summary by sis zarren to help us understand the procedures. However, this is still a legal suit. There is no guarantee of a winning case unless there are sufficient evidences. It is better to be represented by a lawyer in court appearances (much $ is involved here). It is still a gamble to fight a case by a victim if an assault involved no injury. At the end of the day, is it worth the hassle to go through the debates? The judge takes no side; it is one word against another unless it was captured on cctv or recorded in some ways.

    My friend was recently physically assaulted at a car park by some car polishers at jurong when he parked somewhat near them without engaging their service. He lodged a police report and was given a choice to drop the case or go to magistrate and fight a civil suit. Was it worth it? He is capable of hiring a very good lawyer, but instead of wasting his time on some low lying scumbags in the society, he would rather go make some more money with his brain. He is seeking to settle the case in other ways instead.

    Remember the recent car vandalism incident and the joo chiat bad neighbour case? No action taken until it was captured on video. Now, there is a trend here. The $1 solution might need more than what it takes to verify a claim. Maybe it's $1++++++. LOL

    Anyway, let's lighten up. It may be a sick sick world, but it's up to us to make it a better place if we see things differently. Leave the sick to their own plight till they falter; let not our happiness be entangled in their sorrow.

    Cheers

  19. #59

    Default Re: Assault cases

    Quote Originally Posted by contaxable View Post
    An excellent summary by sis zarren to help us understand the procedures. However, this is still a legal suit. There is no guarantee of a winning case unless there are sufficient evidences. It is better to be represented by a lawyer in court appearances (much $ is involved here). It is still a gamble to fight a case by a victim if an assault involved no injury. At the end of the day, is it worth the hassle to go through the debates? The judge takes no side; it is one word against another unless it was captured on cctv or recorded in some ways.

    My friend was recently physically assaulted at a car park by some car polishers at jurong when he parked somewhat near them without engaging their service. He lodged a police report and was given a choice to drop the case or go to magistrate and fight a civil suit. Was it worth it? He is capable of hiring a very good lawyer, but instead of wasting his time on some low lying scumbags in the society, he would rather go make some more money with his brain. He is seeking to settle the case in other ways instead.

    Remember the recent car vandalism incident and the joo chiat bad neighbour case? No action taken until it was captured on video. Now, there is a trend here. The $1 solution might need more than what it takes to verify a claim. Maybe it's $1++++++. LOL

    Anyway, let's lighten up. It may be a sick sick world, but it's up to us to make it a better place if we see things differently. Leave the sick to their own plight till they falter; let not our happiness be entangled in their sorrow.

    Cheers
    depends on the weight of the evidence. here you have several eyewitnesses (the boy's friends), medical documentation of injuries sustained, and of course the boy's own testimony. IMHO there is sufficient evidence for the magistrate to direct the police to investigate whether the man assaulted the boy, which is a criminal offence.

    if the police, after their investigation, find sufficient evidence of criminal assault, then i believe the man will be prosecuted by the Deputy Public Prosecutor, i.e. it is the State vs the man accused of assault. when that happens, the boy and his friends will appear in court as prosecution witnesses for the State. i am not sure if the boy's family will need to engage their own private lawyer if it is indeed a criminal case.
    you can buy better gear but you can't buy a better eye

  20. #60
    vince123123
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    Default Re: Assault cases

    Just to correct a bit, going to the Magistrate does not make it a civil suit - it is still a criminal action.

    The police like to use the word "civil suit" loosely to discourage pple from pursuing the matter and to get them off their backs (see my earlier post on police line of defences).

    Quote Originally Posted by contaxable View Post
    He lodged a police report and was given a choice to drop the
    case or go to magistrate and fight a civil suit. Cheers

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