Deterrence still norm in sentencing for racist incidents: Observers
Stiff penalties like jail needed to signal zero tolerance for racist insults, actions
Zero tolerance and deterrence should continue to be the norm in sentencing those who commit racist attacks here in order to clamp down on such incidents, say observers.
Such sentences frequently involve a jail term and are handed out to deter the offender - and others - from committing or repeating similar acts.
In response to queries from The Straits Times, the Attorney-General's Chambers said last Friday that it will continue to seek deterrent sentences to "deter actions that may cause harm to our community and racial harmony".
This comes after a woman was sentenced to four weeks' imprisonment last Wednesday for hurling profanities and racist insults at another woman on the bus for over seven minutes.
Siti Ai'sha Jaffar, 40, called the 33-year-old victim a "stupid Indian" during her tirade, which the court heard was unprovoked.
Criminal lawyers whom ST spoke to said the courts typically practise zero tolerance for racism, and jail sentences are the norm in cases involving seditious or offensive remarks made against a person's race, nationality or religion.
Under the Penal Code, those who say anything that is heard by the victim, or gesture, or place an object in the sight of the victim with the deliberate intention of wounding his religious or racial feelings, can be jailed for up to three years, fined, or both.
Those who knowingly promote enmity between different groups on grounds of religion or race and perform acts prejudicial to the maintenance of harmony can face the same penalty under the same Act.
UPWARD TREND?
Under the Sedition Act, it is a crime to speak or publish anything that promotes feelings of ill will and hostility between different races in Singapore.
First-time offenders can be fined up to $5,000, jailed up to three years, or both.
When asked if he noticed an upward trend in such offences, Quahe Woo and Palmer's Mr Sunil Sudheesan said it might be a case of more people making reports.
"Similar to sexual harassment cases, I think these incidents have always happened but more people are coming forward and more incidents are being recorded now," he said, calling the general deterrence a "must factor" in such sentences.
"The simple lesson must be: Don't be a racist, or you will go to jail," he added.
However, Mr Cory Wong from Invictus Law Corporation mentioned cases where the mental condition of the offender contributed to the crime.
Citing the case of Lee Dji Lin, who had a delusional disorder and got a mandatory treatment order (MTO) and probation after she placed raw pork outside the home of a Malay Muslim neighbour, Mr Wong said: "This does raise the question of whether MTO or probation can be imposed for even the most heinous of racist acts committed by a seriously mentally unwell offender or a particularly young offender."
Dr Mathew Mathews, principal research fellow at the Institute of Policy Studies, said it is important for society to know what to do when racist incidents happen - take a firm stand against racist attacks and continue to affirm our commitment to make Singapore a truly multicultural society.
FOR MORE, READ THE STRAITS TIMES
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