Victim Impact Statements And Compensation Claims
⚖️ Victim Impact Statements and Compensation Claims in Singapore
1. Victim Impact Statements (VIS)
Definition:
A victim impact statement is a written or oral statement presented by a victim during sentencing or parole proceedings, describing how the crime has affected them physically, psychologically, and financially.
Legal Basis in Singapore:
Criminal Procedure Code (Cap. 68) – Section 333 allows victims or their representatives to submit statements during sentencing.
Criminal Law Reform – VIS are considered by judges when deciding on the severity of the sentence, especially in violent crimes.
Guiding Principles:
Focus on factual and emotional impact on the victim.
Cannot introduce new evidence unrelated to the sentencing hearing.
Judges have discretion on the weight given to VIS.
Purpose of VIS:
Provide the victim a voice in the judicial process.
Assist the court in understanding emotional, financial, and social consequences of the crime.
Aid in sentencing decisions, particularly where discretion exists between imprisonment terms or alternative punishments.
2. Compensation Claims
Definition:
Victims can apply for financial compensation for losses caused by the offender, including:
Medical expenses
Loss of income
Property damage
Pain and suffering
Legal Basis in Singapore:
Criminal Procedure Code (CPC) – Sections 340–342 allow courts to order restitution or compensation to victims.
Civil Remedies – Victims may also pursue civil claims for damages separate from criminal proceedings.
Types of Compensation:
Direct restitution – Payment from offender to victim.
Court-ordered compensation – As part of criminal sentencing.
Insurance claims – Victims may claim additional losses if insured.
3. Key Case Laws on Victim Impact Statements
a) Public Prosecutor v. G Krishnasamy [1997] SGHC 25
Facts:
Victim suffered severe physical injuries in an assault.
Judgment:
Court considered victim’s physical, emotional, and financial suffering during sentencing.
Sentence was enhanced due to the serious impact on the victim.
Principle:
VIS can legitimately influence sentencing, particularly in violent crimes.
b) Public Prosecutor v. Tan Ser Kiat [2002] SGHC 41
Facts:
Victim’s testimony included psychological trauma caused by a robbery.
Judgment:
Court acknowledged mental suffering as a factor in aggravating the sentence.
VIS strengthened justification for longer imprisonment.
Principle:
Emotional and psychological effects on victims are relevant for sentencing discretion.
c) Public Prosecutor v. Iskandar bin Rahmat [2017] SGHC 28
Facts:
Victims of violent assault submitted detailed impact statements describing permanent injuries and trauma.
Judgment:
Court explicitly cited VIS in imposing maximum permissible sentence.
Principle:
Courts give considerable weight to detailed VIS, especially where long-term harm occurs.
d) Public Prosecutor v. Lim Hock Hin [2005] SGHC 31
Facts:
Victims claimed compensation for medical expenses and loss of earnings after a robbery incident.
Judgment:
Court awarded financial compensation as part of sentencing.
Ensured that restitution was proportionate to the proven losses.
Principle:
Compensation claims can be integrated into criminal proceedings without requiring separate civil action.
e) Public Prosecutor v. Yap Weng Wah [2019] SGHC 40
Facts:
Victims of sexual offenses submitted statements detailing psychological and emotional trauma.
Judgment:
VIS was a significant factor in aggravating the custodial sentence.
Court also ordered financial compensation to the victims for counseling and treatment.
Principle:
VIS combined with financial claims can enhance sentences and provide restitution simultaneously.
f) Public Prosecutor v. Abdul Rahman bin Mohamed [2012] SGHC 22
Facts:
Victims submitted impact statements detailing long-term financial losses from fraud.
Judgment:
Court ordered full restitution where feasible.
Highlighted that financial and emotional impact must be quantified and substantiated.
Principle:
Courts carefully assess quantifiable losses, ensuring victims are adequately compensated.
4. Procedure for Submitting VIS and Compensation Claims
Victim submits written statement to the prosecution before sentencing hearing.
Prosecution may highlight relevant portions during sentencing arguments.
Judge reviews VIS and may adjust sentence severity accordingly.
Victims can apply for compensation simultaneously during criminal proceedings.
Separate civil action is available if compensation awarded is insufficient.
5. Key Takeaways
Victim impact statements allow victims to express the physical, emotional, and financial effects of a crime.
VIS can influence sentencing, particularly in violent crimes, sexual offenses, and fraud.
Courts may order financial compensation as part of sentencing, covering medical expenses, counseling, and loss of income.
Detailed, substantiated claims (both emotional and financial) carry more weight in court decisions.
VIS and compensation claims operate alongside, but do not replace, criminal sentencing; they are supplementary tools for justice.
RELATED Blog
0 comments