Detention during the President's Pleasure: A Foregone Sentence for a Young Person Convicted of Murder?
![handle is hein.journals/saclj16 and id is 200 raw text is: DETENTION DURING THE PRESIDENT'S PLEASURE:
A FOREGONE SENTENCE FOR A YOUNG PERSON
CONVICTED OF MURDER?
Set against the case of PP v Anthony Ler Wee Teang, this
article relies on provisions of the Children and Young
Persons Act (Cap 38, 2001 Rev Ed), viz, the guiding principle
of welfare in s 28(1) and the sentencing discretion that
s 38(1) affords, to defend the view that detention during the
President's pleasure is not and should not be a foregone
sentence for young persons convicted of murder. However,
relying on the Children and Young Persons Act thus is only a
temporary stopgap measure in lieu of legislative reform.
Ultimately, the sentencing provisions governing young
persons convicted of murder should be clarified so that it is
put beyond doubt that discretion as to whether or not to
impose the sentence of detention during the President's
pleasure exists for courts sentencing such young persons.
Paul QUAN Kaih Shiuh*
LLB (Hons) (National University of Singapore); Deputy Public Prosecutor
and State Counsel, Criminal Justice Division, Attorney-General's
Chambers
Introduction
I The Singapore High Court decision of PP v Anthony Ler Wee
Teang is the latest contribution to the jurisprudence pertaining to the
2
sentencing of young persons convicted of murder. Regrettably, it
This article is adapted from a directed research dissertation which I undertook in
the third year of my Degree of Bachelor of Law Programme at the Faculty of Law,
National University of Singapore. I am grateful to Associate Professors Chan Wing
Cheong and Michael Hor Yew Meng from the Faculty for their invaluable help,
advice and comments. All mistakes and omissions, however, remain my own. I also
owe thanks to Mr Lionel Lim for his continuing encouragement. The views
expressed in this article do not represent those of the Attorney- General's
Chambers.
[2001] SGHC 361 (Anthony Ler).
2
This article adopts the definition of a young person in the Children and Young
Persons Act, infra, n 5, s 2(1). As such, all references to a young person or young
persons in this article refer to a person or persons who is or are 14 years of age or
above and below the age of 16 years.
(2004) 16 SAcLJ
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Detention during the President's Pleasure: A Foregone Sentence for a Young Person Convicted of Murder?
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