Monday, March 28, 2011

foreigers get free scholarship locals get 15 mths jail

http://www.todayonline.com/Singapore/EDC110311-0000228/Soldiers-plead-guilty-but-appeal-against-detention-sentences

SINGAPORE - Three soldiers tasked with protecting a key installation ended up damaging private property.

The three Singapore Armed Forces (SAF) servicemen appeared in the Military Court of Appeal yesterday to appeal against their detention sentences, which their lawyers said were too excessive.

Third Sergeant (3SG) Chiam Toon Chong, 23; Lance-Corporal (LCP) Tan Fu Ning; and LCP Tan Yong Cheng, both 21; were among a group of five servicemen who took several new Kia Koup cars shipped to the Sembawang Wharves for a joyride on Aug 6 last year.

The men had been deployed to protect the key installation that night but raced against one another in the vehicles, damaging them.

They pleaded guilty to several charges, including theft of a motor vehicle, driving without a licence and leaving a place of duty as a sentry without being relieved.

3SG Chiam, LCP Tan Fu Ning and LCP Tan Yong Cheng had been sentenced to detention of 15 months, nine months and 10 months, respectively.

The trio appealed against their detention sentences, which their lawyers said were "manifestly excessive".

They argued the men were first-time offenders who were youthful, immature, mischievous and ignorant of the consequences.

Chief Military Prosecutor Hui Choon Kuen, however, argued that the servicemen "were a group of soldiers who belong to a unit and (were) performing a mission then".

3SG Chiam's lawyer, Mr A P Thirumurthy, also wondered whether there was actual theft and permanent loss of property involved.

After the joyrides, the cars were returned to the places from which they were removed, he argued.

Mr Hui replied that damage to the cars amounted to $13,056.

He also singled out 3SG Chiam - the only professional soldier in the group - as the ringleader who had instigated the others to abandon their sentry posts to drive the cars.

The men's lawyers submitted that the Subordinate Military Court had erred in stating that theft of motor vehicle offences under the Penal Code attracted a minimum mandatory jail term of 12 months.

Under the revised Penal Code - which came into effect in 2008 - there is no minimum mandatory jail term of 12 months for such cases.

The five-person Military Court of Appeal reserved judgment after a two-hour hearing.

Justice Choo Han Teck, who is also its president, instructed parties to make further submissions on whether the servicemen's convictions of theft were "sustainable in law".

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